Matthew White and Associates Criminal Lawyers

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Criminal Law FAQ

I have to go to court Just because you have been charged with a criminal offence does not mean you are a criminal. It is important that your matter has the least possible impact on your life. We can help you through this process including properly advising you, preparing your matter and representing you at court.

The Police want to interview me If the police want you to attend the station for an interview it is important that you talk to a lawyer first. We can contact the police prior to your arrival at the station so that you know exactly what to expect. We can also advise you of your rights during the interview and what you may and may not agree to participate in.  The interview is recorded and used in evidence so it is very important that you talk to us first.

Someone I know has been arrested If someone you know has been arrested and taken into custody by the police it is essential that you talk to us about making a bail application as soon as possible.

This is my first offence

If you have been charged with a minor offence by the police and have never been before the courts before you may qualify for the diversion process. This will guarantee a conviction is not recorded against you and your matter stays out of the usual court process however it is subject to you agreeing to certain conditions. Our firm is experienced in negotiating with the police to have your matter proceed to diversion and this option can be discussed with you at your first appointment.

My licence is at risk Your licence is an important right and the law in relation to driving offences has become very strict. With mandatory jail sentences being introduced by Parliament it has become essential to seek legal representation in these matters. We are able to advise you properly about the likelihood of loss of licence and appropriate penalties that will apply to your matter.

An intervention order has been granted

If someone has taken out an intervention order against you it is very important that you take to a solicitor to discuss your rights and obligations. Breaching an intervention order is taken very seriously by the courts and as such it is important to discuss what options you have to remove or vary the order and to have the conditions of the order explained to you.

If you have been charged with breaching an intervention order then it is imperative that you ring our office to make an appointment to take to a solicitor as soon as possible.

I want to appeal a court decision If you are dissatisfied with being convicted of an offence or have received a sentence that you feel is excessive then you have the right to appeal your matter to a higher court.

Please note the following:

  1. Matters determined in the Magistrate’s Court must be appealed to the County Court – you only have 30 days in which to lodge the appeal.
  2. Matters determined in the County Court or Supreme Court must be appealed to the Court of Appeal (Supreme Court) – you only have 14 days in which to lodge the appeal.

If you have missed the above deadlines there may be exceptional circumstances justifying an appeal being lodged out of time, please contact MWA to discuss your options.

Our firm is able to assist you with your appeal however it is essential that you act immediately given the time frames. Please contact our office as soon as possible to make an appointment to discuss your options with a solicitor.

Do I qualify for legal aid funding? Although we are a private law firm we are also members of the Victoria Legal Aid panel and accept matters that attract funding from the State Government. The guidelines for matters that qualify for this funding are very strict and put simply, if you are not on government benefits you may not qualify for government funding for your matter. Eligibility is assessed on a case by case basis and can be discussed further with you at your first appointment. Victoria Legal Aid has its own website that outlines in detail all the information with regards to government funding for legal matters.

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