Why do I need a lawyer?
Whether you have been charged with a minor Police matter such
as a traffic offence or you are facing a serious criminal offence,
a solicitor is able to assist you in dealing with these matters.
We can advise you about the following:
• What is legally required for the Police
to prove the charge
• Whether you have a defence to the charge
• Whether the Police are likely to withdraw the charge
• The penalty you are likely to receive and what steps
should be taken to improve your chances of achieving the best
result for you
We can also be present at Police interviews
with you.
Whether the offence is dealt with in the Magistrates
Court, District Court or Supreme Court, you can certainly benefit
from Legal Representation.
What should I bring to an appointment?
Any documents received from the Police
i.e. Summons, Complaint, Bail Forms, Property Receipt or other
Police documentation.
Convictions
When a Court hands down a penalty, a conviction for that offence
will generally be recorded against your name.
Convictions can sometimes affect your future
employment, your ability to travel overseas and/or your ability
to obtain certain licences.
A Court, in certain circumstances, can
deal with your matter without a conviction if there is a good
reason. Getting the proper advice on this issue is extremely important
if an application is to be made for no conviction.
Speed Cameras / Traffic
Light Fines
If you want to defend/appeal against a fine for a traffic offence
or to avoid loss of demerit points you MUST NOT PAY THE FINE and
you should seek urgent legal advice. Defending a speed camera
or traffic light camera fine generally requires you to show that
the Police equipment may be inaccurate.
We may still be able to help you avoid demerit
points even if you cannot dispute the fine.
Demerit Points
If you accumulate 12 or more demerit points
in any three year period, you will be disqualified from driving
(based on the offence date).
If you were not the driver of the vehicle when
the offence occurred you should complete the Statutory Declaration
provided with the fine notice. The fine and demerit points will
then generally be transferred to the actual driver.
Demerit points are allocated to a range of traffic
offences against the Road Traffic Act and the Australian Road
Rules.
A “good behaviour” bond option
is first available when 12 demerit points are reached but if you
breach this bond your licence will be disqualified for twice the
original disqualification period.
Driving whilst Disqualified / S uspended
The maximum penalty for driving whilst
suspended due to loss of demerit points or disqualified pursuant
to a Court order, is imprisonment. A first offence can carry with
it a maximum penalty of six months imprisonment.
In some circumstances it is possible to
submit to a Court that a person should not be imprisoned and that
there are good reasons to suspend any term of imprisonment
Drink Driving
Where you are found to be driving a motor
vehicle with an excessive amount of alcohol in your blood (over
0.05) you will be charged with an offence.
The law now allows the Police to immediately
disqualify you from driving where you are suspected of committing
a drink driving offence. (This can also occur if you are charged
with “Refuse to Submit to an Alco or Breath Test”).
In some circumstances it is possible to make
an application to the Court to revoke any immediate disqualification
imposed by the Police pending the resolution of the matter.
If sentenced on these offences, you will
incur a fine and licence disqualification. We can help you to
explain to the Court why you were driving in this manner and why
you should receive a minimal fine and the shortest possible licence
disqualification period.
Other Offences
We can help you with advice on any other
Police matter including:
• Theft
• Trespass
• Assault
• Sexual Assault
• Social Security / Taxation matters
• Manslaghter
• Murder
• Fraud
• Drug Trafficking
How to deal with the
Police
If you are approached and questioned by Police, it is important
that you know your rights.
Know
your rights
It is important that you remain cooperative and polite with Police
but we recommend that you exercise your right to remain silent
until you have received legal advice. We note, however that there
are some questions that you are required by law to answer otherwise
you will be charged with further offences. The information that
you are lawfully required to provide to Police is:-
| (i) |
Your full name; |
| (ii) |
Your address; |
| (iii) |
If the Police inquiry relates to a motor vehicle then it
will be necessary for you to provide the name of the person
that was driving the motor vehicle at the date and time nominated
by Police |
To other questions simply reply, “I
exercise my right to remain silent until I receive legal advice”.
What we will achieve for you
We will achieve the best possible outcome
for you. Our service includes face to face appointments with you
during which we obtain your detailed instructions about the allegations
you are facing, advise you fully about your matter and agree on
the best possible strategy to achieve the very best outcome for
you. We have long term experience in this area.
FOR URGENT ADVICE
Call 0412 975 081 – after hours
service
