Deciding to appoint a criminal lawyer is a personal choice. Being charged with a criminal offence can be daunting. You may be questioned by police, placed under arrest, taken to a watch house or you may need to appear in court for the first time in your life. Your lawyer should be someone that you feel comfortable with, someone that you can trust, someone who gets you and understands where you've come from, will listen to your concerns and can speak to you in plain english and not legal jargon. Importantly, your lawyer should be someone who can reassure you, take the stress out of some very stressful situations and guide you through the criminal law process.
Below are the most common scenarios that people find themselves in and the next best steps:
Criminal Law
Police are looking for me...
Have you arrived home to find a Police officer's card in your door?
Have you had a phone call from Police inviting you into the station for an interview?
Has a friend or relative been contacted by Police asking for your whereabouts?
If so, it's important to get advice prior to speaking to Police. If you do call the Police to find out what it's about they will not tell you. They will invite you down to the station to verify your identity, but in fact they want to get you talking and have you make admissions about their allegations. Police will often say "we just want to hear your side of the story or we just want the truth.' When in fact, these discussions could result in you inadvertently incriminating yourself.
Even if you believe you are totally innocent of all charges and allegations, it is imperative that you get the right advice on how to handle that situation before speaking to the Police or going to the Police station.
Someone I know has been taken away by Police
If someone you know or care about has been taken away by Police it's likely they have been placed under arrest and taken to a Police station or a Watch house. The person who has been taken away will be given an opportunity to phone a friend or legal representative as part of the arrest or questioning process.
The person arrested may reach out to you to ask you to come to the station or ask you to find them a lawyer. You have an important role to play in supporting your friend or loved one by contacting a lawyer to attend the station or watch house. Having a lawyer attend, gives your friend or loved one access to the best possible advice at the earliest opportunity. Our experience tells us that early advice leads to better outcomes.
Police are at my house with a search warrant
Opening the front door to find a number of Police with a search warrant can be daunting for anyone. The Police will enter your home and ask you to sit down somewhere, often the lounge or kitchen table and temporarily detain you to read you your rights and cautions. The Police will give you the opportunity to contact a legal representative for advice. You should take that opportunity to contact a lawyer immediately before saying or doing anything else. You will be given a reasonable amount of time for a lawyer to come to your address, provide you with advice and assist you. Having a lawyer present during the execution of a warrant will help you to stay calm, advise you of what cooperation, if any, you should give to Police and what will happen next once the search warrant is completed.
I have to appear in court on a certain date
You may have received a notice to appear after interaction with Police because:
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You may have been charged with drink/drug driving;
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Police may have been called to your address for a domestic violence issue;
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You may have been involved in a public incident;
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You may have been arrested by Police and released from the Police station or a watch house on bail.
Either way, you have a date where you have to appear in court. The average person waits for the court date, goes to court and then wonders what should I do next? Don't be average. The best outcomes happen when you get early advice from a lawyer before your court date so work can begin and you can develop a strategy to deal with the problem to give you the best chance of success.
What areas of law do we cover?
We deal with a number of different areas of criminal law at any one time. Whilst we cannot list every section of the criminal code here, here is a sample of some current matters:
Murder
Arson
Rape
Choking, Suffocation or Strangulation in a Domestic setting
Child Exploitation Material offences
Child abuse material offences (Commonwealth Offences)
Indecent treatment of children
Drug trafficking/supplying/production/possession
Dangerous operation of a motor vehicle causing death whilst adversely affected
Stealing/property offences
Fraud
Breaches of protection order (Domestic violence offences)
Drink/drug driving
Serious assaults
Offences against Police
Dealing with offences in the Mental Health court
Traffic Offences
Whether you have forgotten to pay your registration, been caught for drink/drug driving or been involved in a serious accident that has resulted in death, the consequences of traffic offences can have a serious impact on your ability to work and provide income as well as being stressful for you and your family.
Early advice is the key for dealing with traffic offences. Can you apply for a work licence? Should you apply for a work licence? Is it better to serve out a disqualification period? Are there courses you can do that can assist you in dealing with traffic matters? Will you need to install an interlock in your car? These are very important questions that you need to discuss with a lawyer so that you can have a clear strategy before entering the courtroom.