Criminal Law & Traffic
Being charged with a criminal offence or a serious traffic offence that could result in a conviction and severe penalties can be daunting. We can help if you are arrested, charged, or approached by the police to provide a statement regarding a criminal offence. We regularly appear in the various courts representing clients for a range of matters including:
- Minor to serious traffic offences
- Drink and drug driving offences
- Drug matters, possession, cultivation, and dealing
- Sex offences and assault offences
- Family Violence Intervention Orders and Personal Safety Intervention Orders
- Firearm and weapons offences
- Fraud offences
- Robbery, break and enter, theft, property damage
- Bail applications
Drink Driving
Drink driving offences carry significant fines and disqualification periods.
If you are being charged with an offence under the Road Safety Act 1986 (Vic) for driving under the influence of alcohol, drugs, or any other offence such as refusing to be breath tested, you may be fined thousands of dollars, imprisoned for up to 18 months and lose your licence for up to 4 years.
The extent of the penalty will often depend on your criminal history and any previous driving offences. In many cases, getting good representation can assist in mitigating the worst of these penalties.
There are very limited technical defences that may be available for a person who has been charged with drink driving. Retaining an experienced traffic lawyer is important to ensure any such avenues are investigated to see if they apply in your case.
Sentencing
In many criminal matters, the next step after being found guilty of a crime (which may not always result in a conviction) is a hearing in which your sentence will be determined.
There are many factors that a court may take into consideration when sentencing including the severity of the charge, your level of culpability, your criminal history, any co-operation provided to the police and the effect the offence has had on any victims.
Taking into account these factors, a sentence may range, for example, from the payment of a fine or dismissal of the charge, to imprisonment or an adjournment of sentencing subject to a good behaviour bond.
If you are found guilty of a crime, obtaining legal advice can assist you in obtaining the best possible sentencing outcome in the circumstances.
Appeal
If you have been convicted of an offence, you may wish to appeal to a higher court in relation to the conviction itself and/or the sentence you have received.
For an appeal against sentencing, there is generally a 28-day period in which to lodge an appeal so the matter can be reheard by a higher court.
For an appeal against conviction, there are different procedures in place. Matters in the Magistrates Court may be appealed to the Country Court on any ground, however, an appeal to the Supreme Court can only be in relation to a ‘question of law’ and must be lodged within 28 days of conviction.
Diversion Programs
In some cases, diversion programs may be available to 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. Satisfying all conditions of the plan may result in having the charges dropped and having no criminal record.
A criminal record can have serious consequences, affect career and job opportunities, potential scholarships and overseas travel. If you are involved in a criminal investigation or have been charged with an offence, it is important to obtain immediate legal advice to ensure your rights are protected.
We are experienced criminal lawyers and can represent you in court. We will explain the legal process, the implications of being found guilty of the charge, and identify whether any defences are available to achieve the best possible outcome in your circumstances.