+61 3 8592 7604
We provide legal advice and representation for the following criminal matters:
We understand that we all make mistakes throughout our lives, the same can be said for the police. Our duty is to ensure that any mistakes made by the police do not punish or imprison an innocent person or persons. There are times where you may have to answer questions or enquiries from the police. We strongly advise to exercise your Common Law Right to Silence.
If you have been charged by the police for an offence, it does not mean that you are guilty or will be found guilty by the Court for that offence. The police have the obligation to prove beyond reasonable doubt all the elements of that offence. Once they have established this you are then required to make a case in your defence. If the police are unable to establish any elements of the offence beyond reasonable doubt then you cannot be found guilty.
If you are charged with a minor offence (a summary offence) then this will generally be heard in the Magistrates’ Court. Most minor offences are started by summons, where you are required to attend Court in person. The summons is generally accompanied with a charge sheet (or a police brief) outlining the details of your alleged offence. We will sit down with you to make sure we understand your position in respect to the charges and work with you to find the best way forward.
If you are charged with a more serious offence (an indictable offence) this may initially be heard in the Magistrates’ Court then heard by the County or Supreme Court depending on the offence’s severity.
If you or an immediate family member has been charged with a criminal offence, please contact West Lawyers for assistance.