Criminal Proceedings
See How Our Criminal Lawyers in Melbourne Can Help you
Why engage Nardi Lawyers for your criminal matter?
Criminal law matters have the potential to impact your life forever. Early advice can make a huge difference. The police often question a person having already identified key elements that they want confirmed. It may not be in your interest to give comments, and you have the right to make two phone calls (not one like in the movies) – you can call a friend/relative AND your lawyer. Not everyone who is charged will have a formal interview.
If you have been asked to attend an interview, have been arrested, and/or you have received charges, contact our criminal lawyers in Melbourne today to find out how we can help you achieve the best outcome – it just might change your life!
Approximate Criminal Offences Per Year In Victoria
Approximate Family Incidents Per Year In Victoria
It can be difficult to know where to begin when the police contact you regarding an interview or when you have been charged with a criminal offence. Perhaps this has all come out of nowhere or maybe the situation has become more complex than you initially thought.
The Nardi Lawyers team has more than a decade of experience and works exclusively in the areas of criminal law, family law, and traffic law. We often find that family law and criminal law matters intersect, and having a lawyer who knows the full picture and can take the right steps can be invaluable in these cases. We highly recommend contacting a criminal lawyer in Melbourne at the earliest possible stage in the process.
Many charges fall under the category of assault. Often, you will be charged with intentionally cause injury, recklessly cause injury, and summary assault, all for the one incident. Normally, only one of these charges will proceed and it is important that we talk with the police without delay. Call our criminal lawyers in Melbourne to discuss your matter.
Offences of this nature are increasingly before the courts (as seen in the stats above) and often involve an attached intervention order where the police are the Applicant. Early advice is critical, so don’t hesitate to call us!
Certain drug offences result in what is called ‘reverse burden of proof’ – which means that you need to provide that you did not commit the offence rather than the prosecution proving you are guilty beyond all reasonable doubt.
Click here to read about a case handled by our Melbourne criminal lawyers.
Theft can involve either a small sum of property or a large sum, but either way, it is an indictable offence. This means it is in the higher category of offences and legal advice is very important. These ‘dishonesty’ type offences can affect other aspects of your life in the future, such as insurances.
If you have been charged with a minor theft, and you have limited or no prior matters, you may be eligible for Diversion.
Click here to read about a theft case that our criminal lawyers have handled.
These matters are also increasingly before the court. Some are historic matters, where the alleged incident occurred many years ago, and others are current-day matters. Certain sexual offences can also result in the accused being placed on the Sex Offence Register upon conviction. For assistance, please contact our criminal lawyers in Melbourne immediately.
Appeals are in the spotlight at the moment, with reform on the way. Currently, you can have a complete rehearing from the Magistrates’ Court to the County Court. You are not bound by what occurred in the Magistrates’ Court and you can change your plea. As experienced criminal lawyers in Melbourne, we have handled Appeals all the way to the Supreme Court of Appeal.
All matters begin in the Magistrates’ Court. Highly serious matters begin as a filing hearing, then move to a Committal Mention, and then to a Committal Hearing, where it is determined whether the Accused will stand trial in a higher court. In 2018/19 over 660,000 criminal hearings took place in Victoria’s Magistrates’ Courts.
The vast majority of matters (about 90%), begin and end in the Magistrates’ Court, and the first hearing for these matters is known as a Mention Hearing. At this stage, your matter is first ‘mentioned’ before the court and you are able to discuss your matter with the prosecution (called a case conference). Your matter may resolve on the first day if you are pleading guilty or if the police are withdrawing the charges. If not, your matter may be adjourned for another Mention (e.g., to give you more time to get character references), or it may be adjourned to a Contest Mention.
If you have entered a plea of ‘not guilty’ in the Magistrates’ Court or your matter is proceeding to a Contested Hearing, you may need to attend a Contest Mention. This is a preliminary hearing where your lawyer may attempt to narrow the issues or have the charges withdrawn, where appropriate. These hearings may also involve the Magistrate ordering that further evidence is provided. Other matters typically discussed at this stage include the availability of witnesses, confirmation of legal representation, time estimates, confirmation that the prosecution and defence intent to proceed to a Contested Hearing, and other relevant issues.
As a highly technical process, it is highly recommended to contact a criminal lawyer in Melbourne ahead of your Contest Mention hearing.
Contested Hearings are the next step in the process. Heard in front of a magistrate, these hearings are where submissions and evidence are provided by both the prosecution and the defence. At the conclusion of the Contested Hearing, the Magistrate will determine or not whether, beyond reasonable doubt, the accused is guilty.
As your criminal lawyers in Melbourne, Nardi Lawyers will represent you at Contested Hearings and may take a range of actions, including cross-examination of witnesses, calling our own witnesses, determining if any evidence is inadmissible, securing and providing character references, and deciding with you whether or not you should give evidence as part of the process.
Nardi Lawyers will provide comprehensive representation in the Magistrates’ Court and all other courts, and we will assist you with appealing a decision handed down at a Contested Hearing if required.
Too often, clients feel like just another number when talking to lawyers. They feel like they are just one of many matters in many areas of law that the firm is handling. At Nardi Lawyers, we’re different. We’re a small BIG firm, meaning our services are personal, accessible, and transparently priced while giving you access to state-of-the-art legal resources and representation. We focus exclusively on family law and criminal law matters (including traffic law matters), and we can guarantee that we are completely focused on achieving the best outcome for your case when you engage our team. We have hundreds of 5-star reviews across multiple online platforms, and we can provide the same exceptional services for you. Contact our criminal lawyers in Melbourne to discuss your circumstances.
Why engage Nardi Lawyers for your criminal matter?
Access your free legal guide here!
Access your free legal guide here!
Access your free legal guide here!