Criminal Process
If you have been charged you need advice and representation. When facing allegations of criminal behaviour what you do first is vital to the successful outcome of your matter. The first thing to do is to call us for expert practical advice and for an explanation of your legal rights.
If you're charged
I defend people charged by the police, whether it concerns a simple traffic offence or the most serious charge, murder, and all offences in between. The location and seriousness of the offence will determine which court the matter is heard in. There are two types of matters that the police may charge you with:
1. Summary Matters
This is a less serious offence and will usually be dealt with in the Magistrates Court.
- Arrest and interview
- Release pending summons or further investigation
- Charge and release on bail; or Remand into Custody
- If remanded in Custody, Bail Application
- Solicitor requests Brief of evidence from Informant
- Solicitor conducts a Summary Case Conference with the Prosecutor
- Mention date: Matter proceeds only if pleading guilty
- Mention date: Matter adjourned as plea of not guilty
- Contest Mention: Parties attend Court date to indicate areas of dispute and to arrange Contested Hearing. Court will encourage resolution. If case resolved can plead guilty at Contest Mention.
- Contested Hearing
2. Indictable Matters
This is a more serious offence and will be dealt with in the County or Supreme Court.
- Arrest and Interview
- Release pending summons or further investigation, or
- Charged, and either: Release on bail
- Charged, and either: Remand into Custody (then consider bail application)
- Filing Hearing in Magistrates’ Court
- Service of Brief on Solicitor
- Preparation of Form 32 – Request witnesses to be cross examined at Committal
- Committal Mention – Magistrates’ Court
- Committal – Magistrates’ Court. This hearing determines whether there is sufficient evidence to send the matter to trial
- Case conference – County / Supreme Court
- Directions hearing – County / Supreme Court
- Trial – County / Supreme Court
The Court
I defend people charged by the police, whether it concerns a simple traffic offence or the most serious charge, murder, and all offences in between. The location and seriousness of the offence will determine which court the matter is heard in. There are two types of matters that the police may charge you with:
Magistrates Court
The Magistrates Court hears traffic offences, less serious assaults, and dishonesty matters up to a value of $25,000 and less serious drug offences, among other things.
Melbourne County Court
The County Court hears cases involving serious assault, serious sexual assault and rape, armed robbery, major dishonesty and fraud offences and serious drug offences.
Victorian Supreme Court
The Supreme Court hears cases of murder, manslaughter, major drug cases and other such offences. These days it also hears Terrorism offences.
Appeals from the Magistrates Court are heard in the County Court. An Appeal of a County Court case is heard in the Court of Criminal Appeal (Supreme Court). If the defendant is under 18 at the time of the offence, he/she is dealt with in the Children’s Court. An inquest into a death is held at the Coroner’s Court.
Cases are dealt with at the Court closest to the alleged offence.