Criminal Law

If you are facing criminal charges, we can help. We will provide strong legal representation and support to give you the best possible chance of answering to the alleged offence. We regularly appear in the Magistrates’ and other Courts and can help with:

Drink/drug driving matters
Minor and serious driving offences
Drug matters, possession, cultivation, dealing
Sexual assault, indecent assault, resisting arrest
Family Violence Intervention Orders
Arson, robbery, larceny, break and enter, theft, malicious damage
Bail applications

Traffic offences

Common traffic offences include registration and licensing matters (driving unlicensed or while disqualified), speeding/excessive speeding, driving dangerously and hoon offences.

The penalties for a traffic offence will depend on the seriousness of the offence and may include:

fines/infringement notices
loss of demerit points
driver’s licence suspension
vehicle impoundment
imprisonment

For offences incurring a fine/loss of demerit points, you may choose to take the matter to court. If you do, you will need to decide if are going to plead guilty or not. You are allowed to represent yourself at court, but it is wise to seek legal advice before your hearing.

If you have been charged with a more serious traffic offence, you will need to attend Court. Most traffic offences are heard in the Magistrates’ Court as summary matters, however more serious offences causing serious injury or death may be dealt with as indictable matters and heard in the County or Supreme Courts.

Traffic matters generally proceed quickly, and the court process can be confusing. The strength of your submissions can be improved by getting dependable, timely legal advice, so it is important to seek help quickly.

Drink driving

Drink driving generally carries significant fines and disqualification periods.

Depending on the type of licence held, there are different amounts of blood alcohol concentration (BAC) a driver is legally permitted to have in their body while driving.

Generally, drivers caught with a BAC that exceeds the prescribed limit applicable for their licence type must be disqualified from driving (or, if unlicensed, disqualified from obtaining a licence) for a minimum period and issued a fine. The disqualification period and range of penalties depend on the BAC reading and whether it is a first or subsequent offence.

There are certain defences that may be available for a person who has been charged with drink driving. These are extremely technical, so retaining an experienced lawyer is most important to investigate whether these defences may apply in your case.

Going to Court

The outcome of a traffic or criminal matter may be improved by ensuring the person facing court is properly informed and equipped to answer the charges. Good legal advice can make a big difference.

Depending on the circumstances, an imposed penalty may be reduced if there is appropriate reason to do so. This requires a well-prepared case with supporting evidence. The court will generally consider the person’s:

character, work history, prior criminal history, and family circumstances
involvement in the community
underlying medical (or other) issues relevant to the offence
dependence on a driver’s licence (for traffic matters) for work or other reasons such as the need to travel for ongoing medical treatment and the consequential impact the loss of a licence has or will have

Diversion Programs

In some cases, diversion programs may be available for people charged with an offence, rather than having the matter proceed through court. Diversion plans will require the person to fulfil certain requirements such as writing a letter of apology to a victim, obtaining counselling or other treatment, attending educational programs, and/or doing community work. The diversion plan generally goes over the course of a year. Satisfying all conditions of the plan may result in having the charges dropped and having no criminal record.

A criminal record has serious implications and can affect your career, job opportunities, potential scholarships, and overseas travel. If you or someone you know are involved in a criminal investigation or have been charged with an offence it is important to understand your rights. We can provide sound legal advice in a supportive non-judgemental environment.

If you need assistance, contact [email protected] or call 03 9546 8155 for expert legal advice.