Answers to common questions about criminal charges and legal representation

Our criminal defence lawyers have expertise in handling all criminal matters, ranging from manslaughter to traffic offences, assault offences, sex offences, fraud, theft, organised crime, and other serious indictable offences.

Our Melbourne-based criminal defence lawyers work in all courts throughout Victoria from the local Magistrates’ Court to the Supreme Court of Victoria. We will represent your case at all levels of the judiciary, ensuring you receive comprehensive legal representation.

After being charged, you will receive a charge sheet and a summary that details the specific allegations made against you. Typically, this documentation will include a court date to which you are required to appear. It is of utmost importance that you seek legal representation from a criminal defence lawyer at this stage who will provide advice on the next steps and prepare you for court.

In all cases, your best defence is a lawyer who specialises in criminal defence and has expertise in the area you are alleged to have committed an offence. A criminal defence lawyer can help you to avoid charges before they are laid, avoid convictions, lessen penalties such as monetary fines, avoid and shorten terms of imprisonment or alternatively, assist you in receiving a Community Corrections Order before receiving a sentence of imprisonment.  Always seek advice from your lawyer before attempting to navigate the criminal justice system.

If you have been charged with a criminal offence, your most effective defence is a lawyer who specialises in criminal defence law, with experience in the specific area of the alleged offence. It is imperative that you seek guidance from your lawyer before attempting to navigate the complexities of the criminal justice system. Your future is invaluable and deserves the utmost attention and protection.

A criminal offence can lead to a variety of potential consequences, regardless of whether you have been to court before, or if this is your initial appearance:

• Dismissal: In this scenario, a magistrate finds you guilty but opts not to record a conviction on your record and dismisses the charges against you.
• Discharge: When you attend court and the magistrate finds you guilty, but no penalty is imposed for the offence.
• Adjourned Undertaking: Sometimes referred to as a ‘good behaviour bond’, an adjourned undertaking involves making a promise to the court to adhere to certain conditions while being released. These conditions may include maintaining good behaviour, making a donation to the court fund or a charity, or completing a course.
• Fines: Certain criminal offences may result in a financial penalty where the magistrate or judge orders you to pay an amount appropriate for the committed offence. Although inconvenient and sometimes financially challenging, receiving a fine is often considered a favourable outcome. The amount of the fine is determined on a case-by-case basis, considering factors such as the offence committed, its severity, prior convictions, and individual circumstances.
• Diversion Program: The diversion program is designed for first-time offenders. It enables them to completely avoid the criminal conviction process by participating in the program. Consult with one of our specialists if you think your case might qualify for diversion.

At our office, many individuals come to us unsure about their financial capabilities and the necessary steps for a successful outcome in their case. The cost of hiring a criminal defence lawyer can vary significantly depending on several factors. Some of the key factors that can influence the cost include:

• The complexity of the case: Cases that are more complex and involve more serious charges or multiple offenses typically require more time and effort from your lawyer, which can result in higher fees.
• The experience and reputation of the lawyer: Highly experienced and reputable criminal defence lawyers may charge higher fees than less experienced or lesser-known attorneys.
• The stage of the legal process: Rates may vary depending on the stage of the case: investigation, pre-trial, or trial stage.

We highly recommend scheduling an initial appointment to acquaint ourselves with your situation, allowing you to decide whether you wish to proceed with our services, explore your options, or even determine if you require a criminal lawyer’s assistance.

Our initial appointment lasts for 60 minutes and is offered at a fixed fee of $330.00, which includes GST. This initial consultation is obligation-free, meaning you are under no obligation to continue retaining our services afterward. During this meeting, we can provide you with preliminary advice, transparently discuss our costs, and assure you that you have connected with one of our team members. The only requirement is pre-payment to secure your appointment, as our team values their time, and they are dedicating this hour to discuss your matter with you. If you need to cancel your appointment, you can receive a full refund up until the day before the scheduled meeting.

When you are arrested, it’s crucial to be aware of your rights to ensure your protection and proper legal representation The following are the basic rights you have when you are arrested:

1. Right to Remain Silent: You have the right to remain silent during police questioning. This means you are not obligated to answer any questions that may incriminate you. Anything you say can be used against you in court, so it’s often advisable to wait until you have legal counsel present before providing any statements.
2. Right to a Lawyer: You have the right to a lawyer. If you cannot afford one, a public defender will be appointed to represent you. Having a lawyer is crucial because they can guide you through the legal process, protect your rights, and help you make informed decisions about your case.
3. Right to Know the Charges Against You: You have the right to know the specific charges against you. Law enforcement should inform you of the charges when you are arrested or shortly thereafter. This allows you to understand the nature of the accusations and prepare an appropriate defence.
4. Right to Refuse Searches: You have the right to refuse searches of your person, vehicle, or property without a warrant. If law enforcement wants to search your belongings, you can explicitly state that you do not consent to a search unless they have a valid search warrant or probable cause.
5. Right to Due Process: You have the right to due process of law. This means you are entitled to a fair and impartial legal process, including a timely and public trial by an impartial jury.

It’s important to exercise these rights if you find yourself in a situation where you are being arrested. Remember that cooperating with law enforcement doesn’t mean sacrificing your rights. You have the right to consult with an attorney before making any statements or decisions that could impact your case. Always seek legal advice from a qualified professional to ensure you fully understand your rights and options.