Defend a Criminal Charge
- If you have been charged with a criminal, traffic or regulatory offence, it is important that you immediately seek expert criminal legal advice.
- We have helped clients defence some of the most serious charges in the Criminal Code. We provide expert advice in a time manner at affordable rates.
- Our first aim will be to confer with the police and prosecution and try to get the charges dropped or reduced to less serious charges. We will then confer with you to decide the best way forward, which might be to defend the charge at trial or submit an early plea of guilty to seek reduced penalties.
Should I participate in police interviews?
If the police suspect you have committed an offence, they will ask you to participate in a police interview. You should be aware that participation in a police interview is entirely voluntary and you have the right to remain silent with the exception of providing your name, address and date of birth. Any you do say can be used as evidence against you at trial.
The police must follow strict rules if the interview is to be admissible in Court as evidence. These rules require police to do the following:
- They must caution you on your right to remain silent and tell you that statements you make in the interview can be used against you at trial;
- All admissions made by you must be made voluntarily without any influence or duress; and
- The interview must be recorded electronically, including the police’s caution to you about your right to remain silent.
You should always seek legal advice prior to participating in a police interview.
Bail Applications
If you are accused of committing a criminal office, you will receive a Notice to Appeal in court. For more serious offences, you may be arrested and remanded in custody. For these serious offences, a police office may let you leave custody and attend court at a specified date (watch-house bail). In other circumstances, you may be held in custody until your court date. When you appear in court, you can apply to leave custody and return to court at a later date for your trial.
How do I get watch-house bail?
- If you arrested and placed in custody, the Police Officer has to consider whether to grant you watch-house bail. You do not need to apply for this.
- Bail can be granted upon payment of money as a deposit or other special conditions including, prohibitions to go to certain premises, surrendering your passport or attending a drug and alcohol assessment.
How do I get court bail?
- If you are not granted watch-house bail, you will be remanded in custody until your court date. When you appear in court, you can apply for bail if your trial will be heard at a later date.
- At the bail application hearing, the court will consider all evidence it thinks is relevant to your character. The prosecutor will argue against granting you bail and will likely make submissions about your criminal history and previous breached bail undertakings (if any).
- The court will refuse your bail application if it considers there to be an unacceptable risk you will commit an offence whilst on bail or not appear at court when required at a later date.
- If you bail application is approved, the bail undertaking may include special conditions.
- You do not have to pay any costs for making a bail application.
How we can help you?
Our experienced criminal lawyers can help you defend serious charges and ensure you provided the best possible defence. We can assist you with:
- Murder and Manslaughter
- Drug Charges
- Sexual Offences
- Theft and Burglary
- Domestic Violence
- Traffic Offences