Criminal Law Frequently Asked Questions
Here is a list of common questions and answers. Whilst these questions are of a general nature, at your first meeting with us we will provide easy-to-understand advice pertaining specifically to your case.
You are only required to provide your name and address – you are NOT required to answer any other questions.
The police can only enter your house if they have reasonable grounds to suspect that you or someone in the house is committing an offence, has committed an offence or may commit an offence. The police ordinarily will have a Warrant to Search your premises and they are required to show you the warrant before they enter your house.
If you are on bail YES, if not and you have a lawyer representing you then possibly NO.
This depends on whether you are pleading guilty or not guilty and whether your matter can be dealt with in the Magistrates Court or the District Court or Supreme Court. We offer a fixed fee service so you will know right from your first meeting with us what your costs will be.
If you are on bail, the court may issue a bench warrant for your arrest. If you are on a notice to appear, the court may issue you with a notice to appear. If you miss court make sure you contact the court as soon as possible.
This depends upon the seriousness of the offence and whether you have a criminal or traffic history and the factors favourable to you.
This depends on whether the offence trivial in nature and whether a criminal conviction will cause you sever hardship in the future.
If you are attending your sentencing make sure your lawyer has the most up-to-date information about you. If you are attending trial make sure that you have reviewed what happened at the time of the alleged offence and the circumstances surrounding the offence.
This really depends upon the nature and seriousness of the offence but generally speaking one or two references from people in authority help considerably.
You can apply to the court to have the conviction set aside.
What you feel most comfortable wearing however, track suits, board shorts and pyjamas are not recommended!
This depends on whether you have been charged with a serious offence or a simple offence. If you are at prison risk then you may benefit from obtaining legal advice. If the matter is serious most magistrates often tell you to get a lawyer.
Make sure that you have written down the names and Regimental Numbers and contact details of the arresting office, the the police station where they intend taking your partner for questioning. Telephone a lawyer practicing in criminal law or traffic law for advice on what to do next.
You must then plead NOT GUILTY to the charge/s. Seek legal advice BEFORE you speak to police
You may end up pleading GUILTY to the charge/s. Seek legal advice BEFORE you speak to police.
If you have been arrested and taken into custody or simply asked by police to accompany them or meet them at a police station to participate in a suspect interview YOU DO NOT HAVE TO ANSWER ANY QUESTIONS except to provide your name and your address and YOU DO NOT HAVE TO PARTICIPATE IN A VIDEO RECORD OF INTERVIEW.
If you have been arrested or have been asked by police to attend a police station to help them with their inquiries CALL Marc NOW on 0422 656 589 to discuss the matter and he will contact the relevant police officer.