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Criminal Law

What if the Police have requested an interview with me?

Prior to being charged, the Police are likely to request an interview with you. We can provide advice to you prior to attendance at the Police Station, or we can attend with you. If you are unsure about the process and need assistance, please contact us immediately and speak with one of our solicitors.

I have been charged with a Summary Offence

Once you are charged with an offence, the Police are required to serve a brief of evidence on you. This will set out the charges laid against you and will often state whether that charge is a Summary or Indictable Offence. Summary Offences will usually be dealt with in the Magistrates Court. Examples of these offences include:

  • Traffic Offences including but not limited to Drink Driving, Drive Whilst Suspended and Careless Driving;
  • Assaults, Burglary, Theft and Drug Offences; and
  • Family Violence Offences, including breaches of Intervention Orders and Damage Property Offences.

If you have been charged with a summary offence, our Solicitors will request a Brief of Evidence, or if you have been served with one, you should bring this to your appointment. We will then review the brief of evidence and provide you with some preliminary advice regarding your options.

If you are released on summons, the first court hearing is a Mention Hearing and this is an opportunity for our solicitors to negotiate and talk to the Police Prosecution regarding your matter. This is called a Summary Case Conference and may mean seeking the withdrawal of some charges, or discussing the evidentiary merits of your case.

After you have been provided with advice from our solicitors, you can make a decision to either plead guilty or not guilty. If you plead guilty, you should obtain some character references that can be handed up to the Magistrate on your plea hearing. This can occur on the first Mention date, or on any date after this.

If you enter a plea of not guilty, your matter will be listed for a Contest Mention date. On this date our solicitors will again discuss the evidentiary merits of your case with the Police Prosecution and attempt to reach a resolution. If this cannot occur, our solicitors will advise the court of the issues in contention and how many witnesses will be required at the Contested Hearing. Your matter will then be listed for a Contested Hearing, or a Special Mention, depending if there are any issues that need to be dealt with prior to the Contest.

Our solicitors are experienced in preparing cases for Contest, and will consult at every step of the way to ensure you are informed and that you understand the process.

I have been charged with an Indictable Offence

If you have been released on bail or summons, and your charge sheet indicates that the offences are indictable, then your matter may be heard in the Magistrates Court, County Court or Supreme Court. Indictable Offences can be serious and include Assault, Culpable Driving, and Murder.

If you have been charged with an Indictable Offence, it is recommended that you seek immediate legal advice. Our Solicitors can advise you on the merits of your case and discuss what you should do next. This will differ in every case and we will tailor our advice specifically to your matter and discuss the court process with you in detail.

We can help

Our solicitors are committed to providing clients with the best advice in any Criminal jurisdiction matter.

We are able to assist if you are currently being investigated, have been charged or require legal advice and representation.

We offer honest, clear and straightforward advice so that we can deliver a timely and cost effective service in the following areas:

  • Summary and Indictable crime including but not limited to Assaults, Burglary, Theft and Drug Offences;
  • Traffic Offences including but not limited to Drink Driving, Drive Whilst Suspended and Careless Driving;
  • Bail Applications across all Courts;
  • Breaching offences including but not limited to breach of sexual offender reporting requirements, breach of Intervention Orders and breach of a Community Corrections Order; and
  • Appeals to the higher Courts on severity of sentence or a point of law.

Most of all we understand that the process of going to court is stressful and we are happy to provide you with some peace of mind on the possible outcomes in your matter.

Fees

Our fees may vary from matter to matter and our solicitors can discuss our fees with you at your free first interview.

Get in touch

If you would like to book a free first interview with one of our solicitors, please contact our intake officer so that you can best be matched to a solicitor that best suits your needs.

Call us directly on 1300 1 LEGAL to discuss criminal matters in Melbourne with us today.

We can cater for criminal matters Melbourne and Victoria wide at our four offices, located in Fitzroy, Moonee Ponds and Sunshine. So you shouldn’t have to come too far to meet with us.

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Sunshine
461B Ballarat Road
Sunshine, VIC 3020
1300 1 LEGAL
Fitzroy
47 Moor Street,
Fitzroy, VIC 3065
1300 1 LEGAL
Moonee Ponds
5 Everage street
Moonee Ponds, VIC 3039
1300 1 LEGAL
Kew
Ground Floor, 35 Cotham Road
Kew, VIC 3101
(03) 9364 7400
Hawthorn
Ground Floor, 737 Burwood Road
Hawthorn, VIC 3122
(03) 9364 7400
Box Hill
Level 2, 818 Whitehorse Road
Box Hill, VIC 3128
(03) 9364 7400
Mt. Waverley
1st Floor, 203 Blackburn Road
Mt. Waverley, VIC 3149
(03) 9364 7400