Best 30 Firms For Criminal Defence Law In Melbourne

Melbourne’s top-rated criminal defence lawyers & solicitors; defending felonies, federal crimes, drug charges and more.

 

It can be hard to navigate the murky waters of criminal law! Thankfully Melbourne has some of Australia’s best at your disposal for any matter that you might need assistance with. They have experience in all sorts of cases including financial crimes or white collar crime as well as those who face felony or other serious offences such as drugs charges—whatever it is they will do whatever needs doing so you get a fair shake in court!

MK LAW Criminal Defence Lawyers Melborune

https://www.mklawfirm.com.au/

Are you facing criminal charges?

Michael Kuzilny is a Barrister & Solicitor who is widely acknowledged to be an expert in the defence and representation of all criminal law cases in Victoria. He is one of Melbourne’s leading criminal lawyers who has been dealing with criminal law and police charges since 1986. Michael has a genuine passion to help You through the tough times and give you peace of mind again! If you have been charged with a criminal offence, forgive yourself, take action and move on. You had something to learn from the experience!

MK Law Firm

Michael Kuzilny has a Bachelor of Laws with Honours, and is a member of the Law Institute’s Criminal law section. He has also completed the Victoria Police Prosecutor’s Course in 1989, and has completed tertiary studies in white collar crime. All this and more gives him a leading edge in Victoria’s Criminal law system.

Michael appears in the childrens’ Courts, all Magistrates’ Courts of Victoria, and the County Court Victoria. His wealth of experience in this area of the law will be used to personally ensure you receive the best advice and the best possible outcome to your case.

OUR SUCCESS RATE IN CRIMINAL LAW CASES IS HUGE in avoiding jail terms, avoiding criminal records being recorded, and achieving outcomes concentrating on rehabilitation.

MK Law can provide 24/7 legal advice
regarding charges of this nature
by calling 1800 130 120 immediately.
Having an experienced and courageous criminal lawyer on your side is the best defence. It is the only way to help you achieve the best possible results when facing criminal charges.

As an experienced Melbourne criminal lawyer, Michael can only take on a limited number of clients at any given time. For those he chooses to represent, he will give you fearless and courageous court representation.

Michael understands that good people can make mistakes and has a genuine passion to help people through tough times. He provides caring and powerful court representation at a very reasonable cost. MK LAW also have a flat fee and discounted fees for pensioners, students and unemployed.

Michael accepts clients in every part of Victoria & interstate for the following offences:
All Criminal Charges
Traffic Law Charges
Domestic Violence
Stalking charges
Breach of Intervention orders
Making threats to kill
Blackmail / Extortion
Assaults, Reckless or Serious Injury charges.
Murder & Manslaughter
Drug trafficking & Possession
Cultivate drug of dependence
Sexual Assault & Indecent assaults
Rape
Underage Porn – internet offences
Fraud & Theft from employment
White collar crime and Deception
Defending Young Offenders
Shoplifting / and other theft charges
Firearms Possession and other Gun Charges
Weapons Possession
Assault / obstruct police
Drink Driving Charges
Driving without an Alcohol Interlock device
Driving suspended / Disqualified
License Restorations
Appeals to the County Court
“Life really is about good relationships. I have been around Victoria’s Court system for many years, and have built up some solid relationships based on trust and integrity. Life is stressful enough without having a court case hanging over your head. So once we meet up and I get my instructions from you, you can sit back and relax. Time to forgive yourself and learn from the experience. There is nothing more you need to do except come to court on the day, and perhaps organize some reference material or other reports. I will leave no stone unturned in fully investigating your case, and getting you the best outcome. I will listen carefully and not judge you. All our conversations will be strictly confidential and private.”

Gallant Law

https://www.gallantlaw.com.au/

Gallant Law Director Lauren Cassimatis is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Criminal Law Specialist, known for putting her clients first. From criminal to corporate liability, we understand the stress of facing legal proceedings. With our fixed fee service Gallant Law provides simplicity, strength and clarity during this difficult time for you and your family.

HOW WE HELP YOU
We Put You First
From criminal to corporate liability, we understand the stress of facing legal proceedings. With our fixed fee service Gallant Law provides simplicity, strength and clarity during this difficult time for you and your family.

Criminal Law
With any criminal offence, be it minor or a more severe offence, legal representation is essential. If you are facing legal proceedings or the subject of an investigation or inquest, we can help you take on this emotional and complex time with compassion.

OUR EXPERTISE
checkmark Assault, sex, homicide and drug offence representation

checkmark Online and digital offences including communication with minors and pornography

checkmark Deception offences including fraud, theft and extortion

checkmark Firearm offences such as armed robbery, possession of firearms

checkmark White collar offences such as tax offences, fraud, blackmail and embezzlement

checkmark Mental impairment and Unfitness to be tried proceedings

checkmark Traffic offences – such as drink driving, excessive speeding and dangerous driving

checkmark Family violence offences and breaches of intervention orders

checkmark Royal Commission Inquiries and Coroner’s Court Inquests

checkmark Independent Broad-based Anti-Corruption Commission (IBAC)

checkmark Office of Chief Examiner (OCE) and Australian Crime Commission (ACC)

Papa Hughes Lawyers

https://www.papahughes.com.au/

PAPA HUGHES – THE BEST CRIMINAL LAWYERS IN MELBOURNE

When you are facing criminal charges you don’t want to take any chances in preparing and defending your case. When it comes to legal representation, you want the best criminal lawyer in Melbourne to be providing reliable and effective counsel.

Not only do you want your lawyer to deliver excellent advice. Your lawyer needs to be a strong advocate. This is why it is vital to have the expertise of an experienced defence attorney so that you have the best possible chance of securing your desired outcome.

With these qualities being so desired by defendants, Papa Hughes strives to meet all of our clients’ needs and provide them with the results they are seeking.

PAPA HUGHES – MELBOURNE’S LEGAL SPECIALISTS

At Papa Hughes we offer representation for all criminal charges in Melbourne. We are a client orientated firm that is results focused and our team is ready to help.

Our principle lawyers, Andrew Papadimitropoulos and Jessie Hughes, have practised criminal defence in Melbourne’s courts for over 20 years and are Accredited by the Law Institute of Victoria as Specialists in Criminal Law.

Tony Hargreaves & Partners Lawyers

https://www.tonyhargreaves.com.au/

CRIMINAL LAW
Tony Hargreaves leads our criminal law practice with over 35 years experience as a criminal defence lawyer. Our lawyers represent clients in all criminal matters ranging from traffic offences to major trials and appeals before the superior courts.

We have acted in some of Victoria’s most complex and challenging criminal cases across the full spectrum of indictable offences including murder and homicide, culpable and dangerous driving causing death, drug trafficking, high value fraud, deceptions and all sex and violence-based offending.

Click on the links below for more information on areas of our criminal law expertise:

Theft, Fraud & Dishonesty Offences

Assault and Serious Violence Offences

Sex Offences

Drug Offences

Murder & Homicide

IBAC Investigations & Examinations *

Bail Applications

Asset Confiscation & Restraining Orders

Criminal Appeals *

Traffic Offences

ASIC Prosecutions

Australian Crime Commission Investigations *

WorkSafe/OHS Prosecutions *

Disciplinary Proceedings *

Local Council/Statutory Authority Prosecutions

Liquor Licensing Prosecutions

Coronial Inquests *

White Collar/Commercial Crime *

Royal Commissions *

Ombudsman Investigations

Our lawyers are among the most highly regarded in Victoria. Much of our work in this jurisdiction is referred to us by members of the Victorian Bar and lawyers who do not practise in the area of criminal law.

Pica Criminal Lawyers

http://www.picacrime.com/

Areas of Practice

– Best Criminal Defence Lawyers in Melbourne –
Pica Criminal Lawyers handles all criminal matters and driving charges. Intervention Orders is another area of specialisation, where our firm appears for people seeking to obtain an Intervention Order as well as those who wish to defend an Intervention Order application made against them. Some of our areas of practise can be found on this page.

AREAS OF PRACTICE

It is reassuring to know that whatever the type of matter, you are dealing with a passionate, experienced firm that has its finger on the pulse and an eye towards your expected goal.

24 hour/7 day emergency service
All courts
All criminal charges
All driving charges
Intervention orders
Appeals
Assaults
Bail applications
Burglary
Committal hearing
Commonwealth crimes
Complex Criminal Cases
Court Appearances
Culpable Driving
Child Pornography
Criminal Trials
Driving Offences
Drink Driving
Drug Cultivation and Possession
Drug Trafficking and Importation
Drug Offences
Embezzlement
Fraud
License Disqualifiications
Minor crime
Murder
Police prosecutions
Reckless driving
Serious crime
Sex offences
Traffic offences
Theft
White collar crime

Doogue + George

https://www.criminal-lawyers.com.au/

Criminal Defence Lawyers
If you have been charged with a crime, you need to contact a criminal lawyer as quickly as possible.

Allegations against you can have severe consequences especially if you are found guilty by a Court. Criminal defence lawyers are especially necessary before you give statements to the Police. Otherwise, any comment you make may be used against you during the court proceedings – regardless of whether you were simply telling the truth or you accidentally made a wrong statement due to pressure or confusion.

Criminal defence lawyers will guide you throughout the entire court process, making sure that you understand the legal issues surrounding the charge and communicating options to achieve the best possible results in court.

Doogue + George is one of Australia’s leading law firms of criminal law specialists. We are dedicated to providing expert criminal defence for charges related to assault, driving, robbery, fraud, sexual, and other criminal offences.

Every accused has the right to a fair trial, and to an excellent criminal defence. Our clients’ rights as defendants is our number 1 priority.

 

Leanne Warren & Associates

https://https://leannewarren.com.au/

The ethos at Leanne Warren & Associates is based on a very strong defence driven force of motivated staff, seeking justice for all of our clients.

We aim to achieve the best possible result for all of our clients in the circumstances of their particular case.

The thorough analysis of evidence is an imperative part of all cases we take on. Our defence lawyers Melbourne work as a criminal defence team to ensure there is sufficient evidence to prove our client’s case.

Our staff share empathy with our clients, who are often facing significant difficulties in their lives, assisting them every step of the way. Communication and trust are crucial values our staff ensure are delivered to our clients. We are prepared for all challenging situations.

The barristers whom we brief for our client’s cases are considered based on the Ethos we share at Leanne Warren & Associates.

Leanne Warren, the Principal, brings over 31 years of criminal law experience and Leanne provides a supportive leadership that instils the core values in her defence lawyers and sets Leanne Warren & Associates apart from any other criminal law firm in Melbourne.

Appeals from Decisions of the Magistrates’ Court and Children’s Court
Decisions of the Magistrates’ Court and the Children’s Court may be appealed to the County Court. The appeal to the County Court may be against sentence or conviction and is dealt with by way of a new hearing.

If an appeal is being made against a sentence of imprisonment, an application for appeal bail can also be made. For more information see Bail Applications/Variations.

In limited circumstances, an appeal may be made from the Magistrates’ Court to the Supreme Court on a point of law.

Appeals from Decisions of the County Court and Supreme Courts
Decisions of the County Court and Supreme Court may be appealed to the Court of Appeal in certain circumstances. Appeals of this nature are only heard by way of a new hearing if the Court of Appeal orders a re-trial.

To make an application to the Court of Appeal, the Court must first grant leave (permission) to appeal.

The Court of Appeal can grant leave to appeal a conviction if:

The verdict of the jury was unreasonable and cannot be supported by the evidence; or,

There was an error that lead to the substantial miscarriage of justice; or,

For any other reason there has been a substantial miscarriage of justice.

The Court of Appeal can grant leave to appeal a sentence if:

The trial judge made an error of fact; or,

The trial judge made an error of law; or,

The trial judge took into account an irrelevant consideration; or,

The trial judge failed to take into account an irrelevant consideration; or,

The sentence was manifestly excessive.

Stary Norton Halphen

https://www.starylaw.com/

Criminal Lawyers Melbourne

Stary Norton Halphen is one of Melbourne’s most respected, best known and largest criminal law firms. Our criminal solicitors are experts in all aspects of criminal law and are well equipped to handle the complexities and sensitivities which can arise in a case.

Best Criminal Defence Lawyers In Melbourne

Stary Norton Halphen is a highly regarded team of experienced criminal defence lawyers, providing insightful, honest and strategic legal advice. Our lawyers also appear in Court regularly and are effective and robust advocates. Each case is important to us and we are focused on achieving the best possible result for each of our clients, having regard to the circumstances of their case.

We have the experience.
Our experience and knowledge will be used to your advantage, but it is our commitment to achieving the best possible result for each of our clients which sets us apart.

We will guide you.
Each year we work on thousands of criminal cases. Some are high profile and capture significant media attention, most do not. All of which are equally important to us.

We will stand up for you.
We want you to feel you have a voice, that your side of the story is told, and that you receive a fair go. Most importantly though, we will prepare your case and stand up for you in Court.

Best Criminal Defence Lawyers In Melbourne
Stary Norton Halphen is a highly regarded team of experienced criminal defence lawyers, providing insightful, honest and strategic legal advice. Our lawyers also appear in Court regularly and are effective and robust advocates. Each case is important to us and we are focused on achieving the best possible result for each of our clients, having regard to the circumstances of their case.

We practice exclusively in criminal law. Each case is important to us and we are focused on delivering the best possible result for our clients. Stary Norton Halphen have experience, knowledge and expertise in all areas of criminal and traffic law, including:

Drink and drug driving
Road safety offences
Assaults
Drug offences
Domestic violence
Fraud and theft
Sexual offences

Furstenberg Law

https://www.furstenberglaw.com.au/

Best Criminal Lawyers in Melbourne – Criminal Law Firm in Melbourne

Furstenberg Law is a boutique firm with criminal lawyers in Melbourne providing personalised representation of the highest calibre.

We have a wealth of experience gained in some of the most serious and complex cases in Australia. We are trusted and respected in the industry.

We are an innovative firm with an ability to think creatively in order to solve problems and achieve the best results for our clients. We recognise that every case is unique and serious to the individual and their loved ones.

We stand between you and the prosecuting authorities fiercely and fearlessly protecting your rights.
Criminal
Lawyers
Lawyers Shaking Hands
Confiscation
Lawyers
melbourne-confiscation-lawyers
Sexual Offence
Lawyers

Slades & Parsons

https://www.sladesparsons.com.au/

Criminal Law Expertise

Accredited Criminal Law Specialists in Melbourne

For over 35 years, Slades & Parsons Lawyers have been providing high quality and specialist legal advice and representation in Criminal Law. We can provide you with the legal advice, support and advice you need to make informed decisions about your own case and understand the strength of the evidence against you. Slades & Parsons will also advise you about which defences are available to the charges.

Specialist Legal Advice from our Team of Criminal Defence Lawyers
Our areas of legal expertise include:
Road Traffic and Licence Offences
Injury, Assault and Violent Offences
Theft and Deception Offences
Sexual Offences
Drug Offences
Bail Applications
Intervention Orders
Manslaughter and Murder Offences
Commonwealth Offences
Appeals Against Convictions and Sentences
Slades & Parsons offers a free initial consultation. We also offer after-hours services for urgent matters. It is important to act quickly. If you do so, Slades & Parsons can provide you with specialist legal advice before police or other agencies interview you.

Legal Aid
Slades & Parsons are represented on both the Summary Crime Panel and the Indictable Crime Panel of Victoria Legal Aid. Victoria Legal Aid authorises us to assess the suitability of clients for a grant of legal assistance in the funding of their case. The grant of assistance depends on a means test (income) and a merits test (the seriousness of the matter).

Hartleys Lawyers

https://hartleyslawyers.melbourne/

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.

Michael J. Gleeson & Associates

http://gleesons.com.au/

EXPERT CRIMINAL LAWYERS MELBOURNE

Accredited Criminal Law Specialists in Melbourne.

Michael J. Gleeson & Associates are well known throughout Melbourne as criminal law specialists. Our broad experience extends to many other areas of law both criminal in nature and connected to crime including; Drink Driving, Drug Offences, Traffic Matters, Bail Applications, Appeals, Family Violence, Assault, Fraud, Stealing to name just a few.

We are able to provide you with expert advice and assistance in Theft & Fraud matters.

Theft and Fraud offences cover a large range of charges. Some common offences include:

Obtaining property by deception
Dealing with proceeds of crime
Burglary
Going equipped for Stealing
Aggravated Burglary
If you have been charged with a theft or fraud offence, it is important that you seek legal advice.

Being convicted of theft or fraud offences could have serious consequences on your current or future employment.

Contact Michael J. Gleeson & Associates to obtain advice specific to your case and personal circumstances.

Neal Collin Lawyers

https://nealcollinlawyers.net.au/

CRIMINAL LAW
Police Charges

GET HONEST, ACCURATE ADVICE FROM A MELBOURNE EXPERT CRIMINAL LAWYER
CRIMINAL LAW BERWICK & ST. KILDA
WE SPECIALISE IN CRIMINAL LAW
THE FIRST INTERVIEW IS FREE

POLICE CHARGES – COURT APPEARANCES – SERIOUS DRIVING OFFENSES

When charged with a criminal or police offense, it’s vitally important to receive expert advice as soon as possible. Saying or doing the wrong thing can be detrimental to your case, but as a leading Melbourne expert criminal lawyer based in Berwick and St Kilda, we can be there to guide you.

We have extensive experience in all criminal and police matters, which allows us to give you the best picture of your options and the likely outcome of each scenario. Get an expert criminal lawyer in Melbourne lawyer who will fight for the best outcome for your case – Neal Collin lawyers partner with Melbourne’s best barristers to represent you in court.

Based on the experience gained from hundreds of past cases, we can advise you on whether to plead guilty or not guilty. We can also guide you on how to achieve the best results from a guilty plea, with character evidence and expert psychologist evidence. In many cases, we seek a Diversion Order or Good Behaviour Bond.

Legal Costs

We will provide you with the best and most cost-effective court representation, based on an assessment of the seriousness of the charges.

We charge a fixed quote for your court appearance, and your first interview is free.

My Legal Crunch Lawyers


https://www.mylegalcrunch.com/

Criminal Law

Criminal Lawyers Tackling the Most Complex Criminal Cases
Our experienced criminal lawyers are willing to tackle the most complex of cases on your behalf
Whether you are innocent of an alleged crime or you’ve made a mistake, My Legal Crunch Lawyers are here to help you get the best result you can. When you are faced with criminal prosecution the police and prosecution have vast resources working to convict you. In some cases, this has led to the wrongful conviction of innocent people. That’s why you need to have one of our criminal defence lawyers on your side to guide you through the procedures and process, to ensure the law is applied fairly and to assist you to get the best possible outcome.

​The earlier that one of our criminal defence lawyers can help you, the better we can defend you and ensure that you are being treated fairly. When you engage our legal service we can begin dealing with the courts, police and prosecution services on your behalf, attend with you to police interviews, attend with you to court hearings and conduct investigations into any allegations made against you.

We will undertake a full review of your criminal law matter and provide you with advice on getting an acquittal. In the case where you admit to the crime, we will work to get you the best result by negotiating with the prosecution to reduce your charges if possible, assist you to minimise any potential penalties and provide you with suggestions for any remedial action you can take to improve your circumstances.

In the case of sentencing, we will provide you with information about the possible range of consequences, appear before the court at your sentencing hearing and inform the court of your good deeds, your personal circumstances such as caring duties, employment, charitable acts and your positive contributions to society.

My Legal Crunch criminal defence lawyers can assist you if you:
have been charged or could be charged with a crime;
have been accused of committing a crime by an individual or your employer;
are being or will be questioned by the police, ASIC, ATO or another authority in relation to a possible crime; or
have committed a crime and you need private and confidential legal advice.
We can help you in all criminal law matters including:
Criminal Court Hearings
Bail Applications
Speeding Matters
Drink Driving
Careless and Dangerous Driving
Traffic Offences
Drug Offences
Fraud
Theft Offences
Assault Charges
Sexual Offences
Breach of Court Orders

Galbally Parker

https://galballyparker.com.au/

Areas of Practice

Criminal Law Solicitors

Hire Criminal Law Solicitors from Melbourne’s Oldest Criminal Law Firm
Are you looking for criminal law solicitors with the experience, legal knowledge and successful track record necessary to help you fight a criminal charge? At Galbally Parker, we can help. We are the longest-running private law firm in Melbourne that focuses exclusively on areas of criminal law. No matter the severity or complexity of your criminal case, we can provide the legal advice and representation you need.

What Sets Galbally Parker Apart Among Criminal Defence Solicitors?

As you seek a criminal trial lawyer, you might wonder what sets our firm apart from the others operating in this space. Here are a few factors:

Our long track record: Galbally Parker has been a notable name in the Melbourne legal scene since 1976. No other private criminal law firm in the area has a longer track record of experience, casework or notable verdicts.
Our success rate: We are a detail-oriented law firm, driven always to deliver the highest level of legal service and attention to detail to our clients. This commitment has led to a very high success rate in our cases, including a few headline-worthy verdicts. Most recently, we won an acquittal for Faruk Orman—the first defendant to have his conviction quashed as a result of the Lawyer X scandal.
Our wealth of criminal law practice areas: Some criminal defence firms are just ‘serious crime lawyers,’ in that they only accept cases that involve severe or complex criminal matters. We are entirely comfortable operating in this high-stakes area but are also happy to take on summary or traffic matters.View a full list of our practice areas here.

The Best Advice You Can Hear Regarding Criminal Law Solicitors
As you seek out criminal defence solicitors for your case, keep these tips in mind to ensure the best outcome:
Read about their experience: Not all criminal lawyers have the same experience or strengths. Read about solicitors and their experience before hiring them or their firm. At Galbally Parker, we maintain bio pages for each of our solicitors, outlining their experience and accomplishments.Here is one for Ruth Parker, our Principal.
Schedule a consultation: You always want to get a feel for how you and a lawyer get along before putting them on retainer. An initial consultation is also an excellent opportunity to get some advice and determine what your next steps should be.
Focus on hiring an advocate: You want someone in your corner who cares about you and your case and will fight to defend your rights no matter what. Our firm has a reputation for compassion, personalised service and long-term commitment to cases. The Faruk Orman case mentioned earlier, for instance, required nearly a decade of legal work.

What You Should Know about a Criminal Defence Barrister
When it comes to hiring a criminal litigation lawyer for your case, you may require a criminal defence barrister. Here are a few crucial points to know about barristers in Australia:

Barristers are different from solicitors: Solicitors are lawyers who specialise in working with clients, providing advice and preparing cases. Barristers are skilled in courtroom strategy and advocacy. If your matter goes to court, you will likely need a barrister to serve as your trial lawyer in Melbourne.
Solicitors work in law firms; barristers do not: Barristers typically operate independently. Often, they work in ‘chambers’ with several other barristers. Law firms/solicitors and their clients will hire barristers if barrister services are required.
We only work with the best barristers in Melbourne: Over the years, we have built up strong partnerships with trusted third-party experts. We utilise these relationships when necessary, including connections with the best barristers and barrister chambers in Melbourne.

A History of Galbally Parker

As we mentioned above, Galbally Parker was established in 1976 and is the oldest exclusive, private criminal defence law firm in Melbourne. Here are a few other interesting points about our history:

The firm was founded by Brian Rolfe and Bob Galbally: Our founders, Brian Rolfe and Bob Galbally, were and are extremely respected names in the world of Melbourne criminal law. Bob Galbally is still a part of our firm today, though he is no longer in the office daily.
Ruth Parker took over as Principal in 2019: Ruth Parker took over the firm at the beginning of 2019, taking the baton from Brian Galbally as he nears a much-deserved retirement. She looks forward to continuing and extending the firm’s long history of excellence in criminal law.
We have been a part of numerous groundbreaking cases: We already discussed our role in the Faruk Orman case, a very important matter in the context of the Lawyer X scandal. We have also been involved in several other groundbreaking cases. For instance, in the early 2010s, Ruth Parker represented Phillip Bracken, a client who had been charged with murdering his de facto partner. The case ultimately ended with an acquittal based on then-brand-new family violence self-defence provisions. Bracken was the first person to be acquitted under these provisions in Victoria history.

Schedule a Consultation with Our Criminal Law Solicitors

We would love the opportunity to learn more about your case, meet you in-person and provide some basic legal advice. If you require a criminal litigator in Melbourne,contact us today to schedule your initial consultation.

Smith & Tapper Criminal Lawyers

http://smithtapper.com.au/

DEFENCES

CRIMINAL LAW DEFENCES
If you’ve been charged with a criminal offence it is essential to know whether there are any defences available to you. However, it is important to remember that is up to the prosecution to prove their case against you beyond reasonable doubt. Whether you have a recognised defence is just one of many factors that may impact the prosecution’s ability to prove their case against you.

This section contains information about some of the recognised defences available in Victoria. However, it is important to remember that this is not an exhaustive list and that there are many ways that we can defend you. For example:

• The police may not have enough evidence to prove that you committed the offence beyond reasonable doubt;
• The police may have charged you incorrectly;
• The police have acted illegally or improperly; or
• An essential witness for the prosecution may fail to attend court.

In most cases the accused bears the evidentiary burden of raising a defence. Once the defence is raised the evidentiary burden then shifts to the prosecution, who must disprove that defence beyond reasonable doubt.Asserting a criminal defence can be a complicated process and is best discussed with an experienced criminal lawyer. If you require help understanding how particular defence might apply to you please call on (03) 9550 0880.

POSSIBLE DEFENCES
ACCIDENT
AUTOMATISM
CONSENT
DURESS
FACTUAL DISPUTE
HONEST AND REASONABLE MISTAKE
IMPOSSIBILITY
INTOXICATION
NECESSITY
MENTAL IMPAIRMENT
PROVOCATION
SELF DEFENCE
ACCIDENT
It is a defence to many charges that the accused did not intend to commit the offence and/or did not act voluntarily.

Where the defence of accident is available it is up to the prosecution to prove that the offence was, in fact, committed both intentionally and voluntarily.

However, the defence of accident is not available in the case of strict liability offences, for which the prosecution does not need to prove that the accused intended to commit the offence. Many traffic offences are strict liability offences. For example, it is not a defence to a charge of speeding that you did not intend to exceed the speed limit.

If you think you have been changed with an offence that you did not intentionally or voluntarily commit call our office now to speak to a lawyer about your options. You can reach us on 1300 616 183 or click here to request an appointment to discuss your matter with one of our lawyers.

AUTOMATISM
The defence of automatism is available where an accused had no control over his or her actions.
There are 2 types of automatism:
‘Insane Automatism’. Insane Automatism occurs if the accused’s actions are affected by a mental disorder such schizophrenia or dementia.

‘Sane Automatism’.Sane Automatism occurs if the accused’s actions are caused by something other than a mental illness, such as epilepsy.
Unlike the defence of accident, automatism is a defence to strict liability offences. (A strict liability offence is one for which the prosecution does not need to prove that the accused intended to commit the offence.)

To discuss whether the defence of automatism is relevant to your matter call on 1300 616 183 or click here to send us a message.

CONSENT
Consent is commonly invoked as a defence to charges of sexual assault, including rape. It can also be argued in relation to other criminal offences such as theft, trespass, unlawful assault etc.

Whether consent amounts to a defence depends on the type of charge and the particular circumstances of the matter. For example, consent is not a defence to charges of sexual penetration where the complainant is deemed too young to validly consent.

To discuss the defence of consent with one of our lawyers call on 1300 616 183 or click here to send us a message.

DURESS
The defence of duress applies where the accused committed the offence whilst under an immediate physical threat to do so. Duress is available as a defence to most criminal offences.

If the defence of duress is raised it is up to the Prosecution to prove that the accused was not acting under duress.

If you believe the defence of duress is relevant to your matter call on 1300 616 183 or click here to send us a message.

FACTUAL DISPUTE
Very often an accused will dispute some of the allegations surrounding the offending, or may deny having had any involvement in the crime whatsoever. This is referred to as a factual dispute.

A factual dispute may provide the basis of a full or partial defence.

For example, an accused charged with trafficking and possessing drugs might deny that he or she was trafficking the dug, but accept that they were found in possession. A factual dispute will exist in relation to whether the accused is guilty of trafficking.

If you think you have been changed with an offence that you did not commit call our office now discuss your matter with our lawyers. You can reach us on 1300 616 183 or click here to request an appointment.

HONEST AND REASONABLE MISTAKE
The defence of honest and reasonable mistake is available where an accused had an honest and reasonable belief in a state of affairs which, if true, would mean that their actions did not constitute a criminal offence.

The defence of honest and reasonable mistake is generally available in response to strict liability offences. (A strict liability offence is one for which the prosecution does not need to prove that the accused intended to commit the offence.)

To discuss whether the defence of honest and reasonable mistake can be asserted in your matter call on 1300 616 183 or click here to send us a message.

IMPOSSIBILITY
The defence of impossibility applies where it is physically, factually, or legally impossible for the accused person to have committed the crime.

Examples of impossibility are:

Factual impossibility – The accused was physically incapable of committed the offence due to a medical condition or physical disability.

Physical impossibility – The accused can show that they were not present at the time of the offending.

Legal impossibility – The accused is charged with an offence a necessary element of which does not exist. For example, the accused is charged with importing counterfeit money but the money received was not counterfeit.

In some cases of impossibility the accused may still be liable for an attempt charge.

If you think this defence may apply to you call our office now to speak to a lawyer about your options. You can reach us on 1300 616 183 or click here to request an appointment.

INTOXICATION
Intoxication does not give rise to a specific defence or excuse. However, evidence that an accused was under the influence of drugs or alcohol at the time of offending may be used to negate an element of the offence, such as whether the accused acted voluntarily, or to support an element of a defence, such as self-defence.

NECESSITY
The defence of necessity arises where it was necessary to commit the offence so as to avoid some greater harm. For example, necessity may be raised as defence to a speeding charge in circumstances of medical emergency.

If you think this defence may apply to you call our office now to speak to a lawyer about your options. You can reach us on 1300 616 183 or click here to request an appointment.

MENTAL IMPAIRMENT
The defence of mental impairment is available where an accused was suffering from a mental illness at the time of the offending and either:
• Did not understand what they were doing; or
• Understood what they were doing but did not understand that it was wrong.

Raising the defence of mental impairment can be a complicated process. If you think this defence may apply to you or someone you know call our office now to speak to a lawyer about your options. You can reach us on 1300 616 183 or click here to request an appointment.

Capree Lawyers

http://capreelawyers.com.au/

CRIMINAL LAW + TRAFFIC OFFENCES

If you’ve been charged with a criminal or a traffic offence you don’t have to face it alone.
The outcome of your Court case might be life changing so give yourself the best possible chance by speaking to us.

WHAT ARE THE DIFFERENT TYPES OF OFFENCES?

Broadly, you could be charged with:
Simple or less serious (or summary) offences. or
Serious (or indictable) offences.

WHAT SHOULD YOU DO IF YOU HAVE BEEN CHARGED WITH THE OFFENCES?

Once you have been charged with an offence, you need to:
Request a copy of the charge sheet and summons.
Seek a copy of the brief of evidence
Speak to a lawyer immediately to ascertain whether to plead guilty or not guilty and understand your next steps.
We can help you understand your charges, consequences, find alternatives and represent you at the hearings so that you get the best possible outcome

Fayman Lawyers

http://www.faymanlawyers.com.au/

As experts in criminal defence, our team has the knowledge, experience and resources to represent individuals in all forms of criminal proceedings in Victoria and throughout Australia.

We can provide legal assistance in both State and Commonwealth matters across all jurisdictions.

OUR SERVICES INCLUDE

General advice regarding criminal prosecutions
Police arrests and interviews
Bail applications
Committals
Contested hearings
Trials
Appeals
Pleas of guilty
Diversion
Intervention orders
Asset confiscation and restraining orders
Penalty enforcement hearings and infringement warrants
Breach proceedings
Disciplinary hearings
Coronial inquests
Interlocutory applications
Customs prosecutions
Local council prosecutions
ASIC, ACC, IBAC and OCE investigations and examinations
Public inquiries and royal commissions

MMH Lawyers

<http://mmh-lawyers.leapwp.com.au/

CRIMINAL LAW
We understand that being charged with a crime is a scary and stressful period in your life. It is our job at MMH Lawyers to guide you during this time in order to reduce the impact on your life, your livelihood and your family.

One of the first steps in the right direction is getting the right criminal law advice. If possible, this should be prior to speaking to the police if you have been arrested or have been called to attend an interview. We represent clients who wish to plead guilty or not guilty.
The areas of Criminal law we practice in are as follows:

Assault and Family Violence offences;
Bail Applications;
Driving Law including dangerous driving offences and drink/drug driving;
Drug Offences;
Fines and Infringements;
Manslaughter and Murder;
Property Damage including Arson, Theft and Burglary; and
Sexual Offences.
We can also assist with ensuring that prisoners’ rights are not violated and help to remedy any breaches.

Contact us today for a free half an hour consultation to discuss the charges you are facing, identify if any defence is available to you and discuss the legal process and penalties that may be imposed.

Anthony Isaacs

https://www.anthonyisaacs.com.au/

Drug Driving

Do you need a drug driving offence lawyer in Melbourne?
Need Legal Advice?
If you need legal advice immediately, call us on 03 9034 7351

Drug driving offences in Victoria are extremely serious, and carry with them heavy mandatory penalties including fines, loss of licence, and even jail time in severe cases. Therefore, getting expert advice as soon as possible is vital. Organising a time to speak with an experienced criminal lawyer can help navigate the legal proceedings that follow, ensuring the best possible outcome for you.

Anthony Isaacs are experienced criminal lawyers who regularly work with clients who have been charged with drug driving offences, so get in touch with our team today to organise your free case assessment.

Quick navigation
What is drug driving?
What are the similarities between drug driving and drink driving?
Common drug driving related offences resulting in licence suspension
How do the police charge drug offences?
Common drug driving penalties when failing a roadside drug test
What is a penalty unit?
I’ve been caught drug driving. Will I lose my license?
What is the difference between a suspended and cancelled license?
Can I apply for a work only license?
What happens if I refused to take a roadside drug test?
I’ve been charged with drug driving. What should I do next?
What is drug driving?
Drug driving is driving under the influence of illicit drugs, or having an illicit drug in your system whilst driving a motor vehicle which is present in your blood, urine or saliva.

What are the similarities between drug driving and drink driving?

Drug driving offences are the most serious driving offence, with the main difference between the two charges being level of impairment. Both drug and drink driving offences can result in hefty fines, suspension or cancellation of your licence and even jail time, which goes against your criminal record.

In Victoria as well if you have been charged with a drink or drug driving offence you must also complete a behavioural change program before you are then eligible to reapply for your licence. However, in some cases if you are a repeat offender then the penalties become more severe, and so do the conditions in which you can reapply for a driving licence.
Common drug driving related offences resulting in licence suspension
Victorian police can suspend your driving licence immediately if you are charged with any of the following:

Refusal offence – not willing to provide oral fluid, drug impairment, blood or urine tests
Combined drug and alcohol offence – this is the result of a high alcohol reading which has been impaired by a drug
Have committed a second drug or drink driving offence within the last 10 years.
It is important to note that whilst these offences are categorised as an ‘immediate suspension’ even though they may not be enforced immediately. In some cases suspensions can take up to 12 months to action. The suspension can also last up to the date in the suspension notice or until your case has been heard in the magistrates court.

How do the police charge drug offences?

When assessing your level of impairment, Victorian police will perform an impairment test. This test’s purpose is not to determine the precise amount of drugs in your system at the time, but instead to understand the physical effects that the drugs were having on your ability to control an automobile.

If it is believed at this stage that your behaviour or appearance has been affected by a drug other than alcohol, then police can require you to accompany them to the station or another location for a further assessment.

Common drug driving penalties when failing a roadside drug test
Offence Penalties
First drug-driving offence – infringement notice
fined three penalty units
licence or learner permit suspended for six months
complete a Drug Driver Program within the first three months of suspension period.
First drug-driving offence – required to go to court
fined up to 12 penalty units
complete Drug Driver Behaviour Change Program
licence or learner permit cancelled for six months minimum
maintain zero BAC condition for three years.
Second drug-driving offence
receive fine of up tp 60 penalty units
have licence or permit cancelled for 12 months
complete Intensive Drink and Drug Driver Behaviour Change Program
maintain zero BAC condition for three years.
More than two drug-driving offences
receive fine of up to 120 penalty units
licence or permit cancelled for 12 months
complete Intensive Drink and Drug Driver Behaviour Change Program
maintain zero BAC condition for three years.

What is a penalty unit?

Penalty and fee units are used in Victoria’s Acts and Regulations to describe the amount of a fine or a fee.

I’ve been caught drug driving. Will I lose my license?
Yes. Anyone charged with a drug driving offence will have their licence suspended for a minimum of 6 months. The length of time however, depends on the offence, and circumstances. For instance first offence versus repeated offender.

What is the difference between a suspended and cancelled license?

Suspended License – The Court will specify an amount of time for which you cannot drive. Once this time has elapsed, your licence becomes valid again.
Cancelled License – The Court will specify an amount of time for which you cannot drive. Once this time has elapsed, and any required conditions have been met, you must reapply for your licence through VicRoads and likely attend a Court hearing.
Can I apply for a work only license?
Despite popular belief, there is no such thing in Victoria as a ‘work only’ licence. Anyone found guilty of drug driving will have their licence cancelled.

Even with the best reasons in the world, the Court has no power to make exceptions so that people can continue driving for special purposes. The laws impose mandatory licence loss.

What happens if I refused to take a roadside drug test?
Whilst you can refuse to take a roadside drug test, the consequences of not complying with police and taking one can often be far more severe than failing a drug test. In Victoria, offenders receiving their first offence could receive a maximum fine to the value of 12 demerit points and a licence suspension for a 2 year period.

I’ve been charged with drug driving. What should I do next?
If you have been charged with a drug driving offence it is important to consult with a legal professional as soon as possible. They will be able to help you in providing the most appropriate action to take next for your drug related charge and how to proceed.

At Anthony Isaacs we regularly work with clients who have been charged with drug related offences. For your free case assessment please contact our team for more information.

Balmer & Associates

https://www.balmer.com.au/

What We Do

When you are charged with a criminal offence it can be a highly stressful time for both you and your family. Balmer Lawyers can help by assisting you in understanding the criminal justice system and court processes.

Balmer Lawyers Criminal Lawyers are widely recognised for successfully providing superior advice and representation on a broad range of private and legal aid matters.

Bernie Balmer and his team of solicitors regularly appear on behalf of clients in Magistrates, County, Supreme, Children’s and Coroners courts in regional and metropolitan areas across Australia.

Agency Work:

Our firm is commonly briefed by interstate firms and/or firms that do not specialise in criminal law to assist their clients with criminal law matters within Victoria. Should you wish to arrange an agency appearance please contact our office Manager Kristen Mavor on 96001766.

Indictable Matters:

• Filing Hearings
• Committal Mentions
• Committal Hearings
• Initial Directions Hearings
• Final Directions Hearings
• Pleas
• Summary Jurisdiction Applications
• Any other related application and Criminal Trials

Bail Applications:

For both Summary and Indictable matters at any stage of your proceeding.

Balmer & Associates

Bernie Balmer has over 30 years’ experience in criminal law and motor traffic matters across Australia. During this time Bernie has regularly appeared in metropolitan and regional matters before the Magistrates’ Court, County Court and Supreme Court of Victoria and briefed counsel and appeared before the High Court of Australia in a number of leading cases.

De Kretser Law

 


https://www.dekretserlaw.com.au/

Criminal Law

Do the police want to interview you?​

Do you have to go to court?

​Call De Kretser Law before you are interviewed by the Police or go to Court. It is important to have strong legal representation during a criminal law case and protect your rights.

Criminal law can be complex to navigate especially when you are going through a stressful time. With specialised insight and a sound knowledge of the criminal law, the firm’s criminal lawyer, Andrew De Kretser, will fight for your rights and make sure that you get a fair trial.

De Kretser Law can assist clients with the following criminal charges in a discreet and confidential manner.

Violent offences – assault, recklessly causing injury, threat to kill and affray

Sex offences – rape, indecent assault, indecent exposure and possession of child pornography

Drug cases – possession, use, cultivation and trafficking offences

Driving offences – drink driving, drug driving, speeding, driving whilst suspended, driving whilst disqualified, careless driving and dangerous driving

De Kretser Law operates as a private firm; however, Andrew De Kretser can undertake both privately funded cases and legal aid cases for criminal law cases in the Magistrates’ Court.

​Violent Offences

​There are a variety of violent offences that a person could commit. Each type of offence is unique depending on their circumstances and may attract high penalties and serious consequences.

Common types of violent offences include:

  • Unlawful Assault;
  • Intentionally or recklessly causing injury;
  • Affray;
  • Threat to kill; and
  • Assault with a weapon

Dribbin & Brown Criminal Lawyers

https://www.criminalsolicitorsmelbourne.com.au/

Criminal Defences
Criminal Defences – Have you been charged? Do you have a legal defence?
For every criminal charge there exists a criminal defence. The only way to know if your instructions are consistent with a defence at law is to seek advice from an experienced criminal lawyer.

Defences can often be technical and very specific. If you are considering defending your case it is important that you seek expert advice.

View the Criminal Defences menu below. You will see a list of all the various defences that exist at law. Click on the relevant defence for more specific information. If you are wondering how to plead not guilty or avoid a criminal record, follow the links.

Dribbin & Brown Criminal Lawyers have offices in Ballarat, Dandenong, Frankston, Geelong, Ringwood, Moorabbin & Melbourne CBD

Our Legal Services
Latest Case Studies
Breach Intervention Order Ringwood
Breach of Sex Offenders Registration Obligations Melbourne
CCO Result for Drug Trafficking Victoria
Cultivate Cannabis Charges
Diversion For Careless Driving
Diversion For Family Violence
Diversion For Stalking and Trespass
Diversion For Unlawful Assault
Intentionally Cause Injury Dandenong
Personal Safety Application Victoria
Recklessly Causing Injury – Dandenong
Section 123 of the Family Violence Protection Act 2008
Sexual Assault Charges Victoria
Threat to Kill; Intentionally Causing Injury
Trafficking Drug of Dependence Ecstasy

Law Institute Accredited Specialist Criminal Lawyers
Legal Aid enquiries welcome
Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers

Ondrik Larsen Lawyers

http://www.ondriklarsenlawyers.com.au/

WHY CHOOSE US?
…because your best defence is Ondrik Larsen Lawyers
• Our Criminal Lawyers understand that you may find yourself in trouble at inconvenient times, but we are here for you and are available for emergency contact 24 hours, 7 days a week.

• We are highly experienced criminal lawyers.

• We practice exclusively in criminal law, which means that we know what we’re talking about.

• There are lawyers who put money first – we are not one of those. We will not drag out your case or make unnecessary costly adjournments.

• We treat your case as if it was our own. We care about you and your future.

• You are not just a number to us, we are here to help and support you, not to judge you.

• We are bespoke lawyers, which means that our service is tailor made to suit your needs and your case.

• With integrity and honesty as the cornerstone of our core values, you will always feel respected when dealing with our lawyers.

• We have developed strong professional relationships with the best criminal barristers (counsel), Queens Counsel, Senior Counsel, and Forensic experts.

• We will only ever use barristers that we know, with a solid reputation, and who suit your particular case, to increase your chances of a successful outcome. We will always match the right barrister with the right case.

• We have an outstanding reputation for being hard-working, and are regularly commended on the preparation of our client’s cases, both by Judges and the barristers we brief, including Senior Counsel.

• We are results driven and our criminal lawyers will always strive to get you the best result possible.

• We won’t promise you the world and give you an atlas. We will only give you the best and most realistic legal advice so you will know what to expect.

• We take the time to listen to you, ensuring that your voice is heard.

• We will help you to move forward. We take the stress, worry, and anxiety away from you, so that you can get on with your life.

• We will always speak to you in plain English and are always upfront with you about your case and our costs.

• We fight for you and will vigorously defend your case.

• We will not advise you to plead guilty simply because it is the easiest option.

• Our criminal lawyers will work as a team to examine all possible defences and attack the prosecution case to ensure that they have complied with the law and relevant procedures. We don’t take shortcuts. We explore every avenue.

• We care about our clients, and if required, will always assist in directing you towards any other services that you may need.

• Our clients speak very highly of us, even considering us as the best lawyers they have come across. See our testimonial page.

• We represent clients from all cultural backgrounds, and we have access to interpreters and translators for our clients, across all nationalities and languages, for example Vietnamese, Chinese, Arabic, Italian, Greek, Serbian, Croatian, Bosnian etc., including an on-site lawyer who speaks Serbo-Croatian.

• Our criminal lawyers represent clients from all over Victoria, and interstate in all criminal courts and tribunals.

BAYSIDE SOLICITORS

http://bayside-solicitors.leapwp.com.au/

CRIMINAL LAW
Bayside Solicitors can provide assistance with the following matters of criminal law:

Assaults
Computer-related crime
Violence (including domestic violence offences)
Drug offences
Firearm or dangerous weapon offences
Murder or Manslaughter
Perjury
Robbery
Theft
Fraud offences
TRAFFIC LAW
Bayside Solicitors can also provide assistance with the following Traffic Law matters:

Drink Driving Offences – drink driving penalties and novice to high-range prescribed concentration of alcohol (PCA) offences.
Serious Driving Offences – including dangerous driving, negligent driving, reckless driving or predatory driving.
Common Driving Offences – including unlicensed driving and driving whilst disqualified or suspended. Also includes speeding penalties, license suspension etc.
Licence Appeals – including advice for going to Court.
Interlock Driving Program – For those with multiple DUI charges.
Penalties for Traffic Offences
There are a range of penalties available to the courts for traffic offences.Whilst some penalties are mandatory, we can advise you on the best possible strategy to adopt in attempting to reduce the penalty. Arrange a consultation with us today to discuss your needs.

Arrange a consultation with an experienced solicitor.

Paul Vale Criminal Law

https://paulvalecrimlaw.com.au/

Drug Offences
The Law can be confusing to navigate through, and at Paul Vale Criminal Law, we endeavour to help you to attain a greater understanding of the criminal justice system. By providing you with specialised insight and information on Melbourne’s criminal law, we hope to clarify the process.

Read about our past cases in relation to drug offences:

Cultivation and possession of cannabis, including of a commercial quantity
19 April 2020
Case Cultivation and possession of cannabis, including of a commercial quantity Quick FactsOur client was charged with Cultivation of Cannabis in a commercial quantity, Cultivation of …
Read More
Attempt to Import Border Controlled Drug – Trial in the County Court
19 April 2020
CaseAttempt to Import Border Controlled Drug – Trial in the County Court Quick Facts Our client was charged with attempting to possess a commercial quantity of an …
Read More
Exceptional Circumstances Bail Application for Drug Importation Matter
27 July 2017

Garde Wilson Lawyers

https://www.gardewilson.com.au/

LEGAL DEFENCES

Guarding your future starts with getting the best legal representation.

The criminal justice system is incredibly complex. If you’ve been charged with a criminal or driving offence, getting the best outcome requires expert knowledge of the defences available to you at law.

Criminal defences are highly technical and very specific. Each has rules determining when they can be raised, for what charges they are relevant, and under what circumstances they may be successful.

Below is listed various defences available. When planning your defence, your lawyer will work with you to discover if a defence applies to your case and if raising it will be a successful strategy for your case. To learn more about criminal defences, click on the links below for more specific information.

It’s vital that before you consider your plea or what defences might apply to your case, you seek expert legal advice. If you have been charged with an offence or are under investigation, contact Garde Wilson Lawyers immediately for a free, no obligation consultation to discuss your options.

CASES WE HANDLE

What Are Criminal Cases?

Criminal cases are crimes against society rather than a dispute between individuals or organization’s. For example, a person who drives drunk and is pulled over will be charged with a criminal case because they have created a dangerous situation for people in the community­­­­­­­, their fellow drivers, by driving while intoxicated.

On the other hand, a person who is in a collision with another vehicle may be sued in civil court because another individual, the person in the other car, has been injured, rather than the community in general.

Some major crimes committed with individual victims, such as kidnapping, may be charged in criminal court due to their severity even though an individual has been victimized.

What Are the Main Differences Between Criminal and Civil Cases?

Some examples of criminal cases include murder, arson, aggravated assault, rape, kidnapping, selling illegal drugs, and drunk driving. Notice that all of these cases involve a threat to society.

Even though it might seem that murder and arson are much more of a threat to a community or society than crimes such as selling drugs or drunk driving, all of these crimes pose dangers to society to some degree.

Other differences between civil and criminal cases include the way their trials take place. In a criminal case, the prosecutor, representing society, must prove the defendant’s guilt. The full burden of proof is on the government. In a civil case, a plaintiff (the person suing) takes the defendant (the person sued) to court. In civil cases, both parties must argue for their side.

Probable Cause to Arrest

Any observations the officer makes while permissibly encountering a person could elevate the encounter from a simple stop to an arrest. A police officer may affect an arrest only if the officer obtains probable cause that the person committed a crime. At that point, the officer may take the person into custody. The officer can place handcuffs on the individual, pat-frisk the person for weapons, and even place the person in a police car. The officer could then make a formal arrest, that is, bring the person to lockup for official booking and charging.

Probable cause to arrest may arise in numerous circumstances that are not based on officers’ perceptions, but upon the investigation. Rarely does a police officer witness a murder, rape, domestic abuse, or bank robbery. However, the officers could pursue an investigation, and develop probable cause based on the witnesses’ stories and identify the alleged perpetrator of the crime.

Neutral and Detached Magistrate Issue Warrants
Upon Affidavit
The affidavit requirement strives to guarantee that the police are telling the truth when applying for a warrant. An affidavit is a statement made by an officer upon oath, subject to the pains and penalties of perjury the information contained in the affidavit is true to the best of the officer’s knowledge. A magistrate must review the affidavit for probable cause, and the magistrate must decline to issue the warrant if the evidence contained in the affidavit fails to meet that standard.

Particularity

The warrant must state with as must specificity as possible where the officers want to search and for what. General warrants are unconstitutional.

Arrest on a Warrant
A police officer who possesses an arrest warrant can place a person into custody by authority of the warrant. The officer does not need to develop individual probable cause at that time and can rely on the existence of a warrant as sufficient proof to arrest. The arrestee is subject to pat frisk, booking, and other processes.

Fruit of the Poisonous Tree

Anytime the police do something that violates the Constitution, the aggrieved person may seek redress from the court. A criminal defendant who claims was the victim of unconstitutional police interaction can ask the court to suppress that evidence unlawfully seized. The judge must also throw out evidence seized from the “Poisonous Tree.” Extrapolating from the car stop example, if the officer stops a person for running a red light but was mistaken, and then removes the person from the car, searches the car, and find drugs, then the person can ask the judge to throw out the drugs if the stop was unconstitutional. The drugs are the “Fruit,” and the car stop was the “Poisonous Tree.”

Melinda Walker

http://www.melwalker.com.au/

AREAS OF PRACTICE

If you are being charged with a criminal offence, or you have become aware that the police want to speak with you, it is very important to speak to a lawyer immediately. What you say to the police early on can have great influence on your defence options down the track.

If you have been arrested, you have the right to speak to a lawyer to get legal advice.
Melinda specialises in the following areas of practice:

Bail Applications (Childrens, Magistrates, County, Supreme Courts)
Homicides (murder, manslaughter, culpable driving)
Drug offences (trafficking, cultivation, possession)
Offences against the person (assault, robbery, kidnapping)
Offences against property (theft, burglary, arson, criminal damage)
White collar crimes (fraud, deception)
Driving Offences (drive whilst disqualified/suspended/unlicensed, exceeding .05)
Sexual offences (rape, indecent assault, child pornography)
Intervention orders (Crimes Family Violence)
Firearms offences (possession, unlicensed, reckless endangerment)
Breaching offences (Bonds, Community Corrections Orders, Suspended Sentences, Parole)
Appeals (County Court, Court of Appeal, Crown Appeals)

Balot Reilly Lawyers

https://www.balotreilly.com.au/

WHAT IS A DRUG CRIME?

A drug crime in Victoria is defined in the Drugs, Poisons and Controlled Substances Act 1981 (Vic) as the act of unlawful drug possession, illegal drug use, growing or cultivating Cannabis, manufacturing drugs, preparing drugs for sale and selling or trafficking illicit drugs in Victoria. Drug crimes in Australia are found in Section 307.1(1) of the Criminal Code Act 1995 in respect of drug importation of illegal substances or narcotics into Australia. If you’re accused or suspected of committing a drug offence or a drug crime anywhere in Australia, you need to urgently contact an experienced Melbourne criminal defence lawyer from Balot Reilly Criminal Lawyers because the consequences of being charged with criminal charges in Melbourne or anywhere in Australia and possibly being convicted of a drug crime could cost you your freedom. It can also destroy your livelihood, your relationship with your family, your future prospects of employment, your liberty to travel and your ability to lead a fulfilling life.

CONTACT OUR MELBOURNE CRIMINAL LAWYERS FOR DRUG CHARGES.
It is important to contact our best criminal lawyers in Melbourne for drug charges if you are charged with drug related offences. Balot Reilly Criminal Lawyers Melbourne is a criminal law firm that you can trust with 20 years experience and over 530 positive google reviews for outstanding criminal law advice and professional criminal defence representation in Victorian courts and throughout Australia, many for drug charges including drug possession charges, drug possession for personal use charges, drug trafficking charges, commercial drug trafficking charges, Cannabis cultivation charges and drug importation charges including conspiracy to commit drug offences.

WHAT TO DO WHEN ARRESTED BY POLICE IN MELBOURNE & THROUGHOUT AUSTRALIA?
As soon as you’re arrested for a drug related offence:

ask for an experienced criminal defence lawyer from Balot Reilly Criminal Lawyers Melbourne who will attend the Police interview to advise you and protect you and in the meantime;
refrain from answering any questions other than your name, your address and date of birth. The reason is that you have a right to silence to ensure that you do not provide responses that might incriminate you.
It is your legal right to contact an experienced BALOT REILLY CRIMINAL DEFENCE LAWYER. You should contact our Melbourne criminal defence lawyers immediately and we will advise you on how to handle your drug case or criminal drug charges. If you make contact early enough, we could, in many circumstances, SAVE YOU from from being criminally charged with drug charges and ultimately in most circumstances save you from a potential term of imprisonment.

The police interview and police interrogation stage is a critical stage in building a case against suspects because police invariably use this opportunity to obtain incriminating answers to support their case. In fact seasoned police detectives will tell you that most criminal investigations are won and lost at this early stage. Hence, it is important to have a criminal defence lawyer from Balot Reilly Criminal Lawyers Melbourne present to protect you and to advise you what to do.

MAY Lawyers

https://maylawyers.com.au/

We have many years of experience running and succeeding in criminal trials. We understand the complexity, stress and serious consequences that are at stake.

From the date you are charged it may be years before your case comes to trial. Throughout this time we are here to guide, explain and assist you in any way we can. We take pride in our thorough preparation and commitment to winning trials.

It is vital that your lawyer have time to prepare, advise you and collect evidence to ensure your outcome. If you’ve been charged with a serious offence don’t hesitate to contact us so we can prepare your defence.

Government sources: https://www.justice.vic.gov.au/justice-system/laws-and-regulation/criminal-law