Have you been charged with an offence or asked to attend an interview?
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
Start by contacting a criminal lawyer in Melbourne
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.
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AssaultClick here to read about a case that we have handled.There are many charges that 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 police without delay – call today to discuss your matter.
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Family ViolenceClick here to read about a case that we have handled.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!
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Drug OffencesClick here to read about a case that we have handled.Certain drug offences result in what is called ‘reverse burden of proof’ – which means that rather than the prosecution proving you are guilty beyond all reasonable doubt, you need to prove that you did not commit the offence.
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TheftClick here to read about a case that we have handled. Click here to read about diversion.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.
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Sexual OffencesClick here to read about a case that we 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 place on the Sex Offence Register upon conviction.
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AppealsClick here to read about a case that we have handled.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. We have experience in Appeals all the way to the Supreme Court of Appeal.
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Stage 1 Mention -
Stage 2 Contest Mention -
Stage 3 Contested Hearing
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.
Architecture: Billard Leece Partnership; Photo credit: Hillary Bradford Photography
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.
Architecture: Billard Leece Partnership; Photo credit: Hillary Bradford Photography
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.
Architecture: Billard Leece Partnership; Photo credit: Hillary Bradford Photography
Our Team Focuses on Family Law and Criminal Law
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?
At Nardi Lawyers, our committed team of criminal defence lawyers in Melbourne offers expert representation for various criminal law matters. Whether you're dealing with assault, family violence, drug offences, theft, sexual offences, or considering an appeal, we provide tailored legal support to meet your needs.
When you hire a criminal lawyer at Nardi Lawyers, here's what happens, what you can expect, and the next steps.
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Initial
ConsultationStart with a free 15-minute phone consultation to discuss your case and receive preliminary advice.
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Detailed
ConsultationUpon formal engagement, we'll schedule a detailed consultation to analyse your situation and provide personalised legal guidance.
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Correspondence
with AuthoritiesAfter reviewing your case, we'll communicate with relevant authorities or parties, initiating discussions or responding to legal actions.
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We Walk
Beside YouNardi Lawyers stand by your side, skillfully navigating legal complexities at every step to ensure the best possible outcomes.
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There are some questions that you must answer when being interviewed – they include the following:
- Stating your full name and date of birth;
- Whether you want to exercise any of your rights;
- Whether you are a citizen or permanent resident of Australia;
- Whether your are of Aboriginal or Torres Straight Islander descent; and
- If relevant, the driver of your car, if your car was used in the commission of an offence.
A lot of lawyers then advise their client to answer ‘no comment’ to ALL other questions. We generally agree with this approach. The important point is that you must be consistent in saying ‘no comment’. If you give a comment to some questions and not others, a negative inference may be drawn and may be adduced as evidence. On the other hand, giving a total ‘no comment interview’ cannot be used against you in court and does not suggest that you are guilty.
There are two other options:
1. You can read a prepared statement that can be drafted with your lawyer – in those situations, you stick to reading just the statement.
2. You can answer questions fully. This can be a risky strategy as although it may seem that the police are asking ‘easy’ questions, the questioning is targeted and if you say something inconsistent, or something damaging, you may not even know until it is too late. In some cases, such as allegations of a sexual nature, it can be a good strategy to state your denial in the interview. This may be heard by the jury if your matter went to trial. However, again, you must be very careful.
Our advice is that you contact us or another experienced criminal lawyer before you answer any questions, as is your right.
You should call us immediately on 0491 626 283, no matter the date or time.
You should also ask to call a relative or friend.
You should tell the police your name and date of birth and whether you are of Aboriginal or Torres Straight Islander descent.
If you have been charged by police, then yes, you will need to attend court at some stage.
If you are on Summons (not bail, you can seek an adjournment of your first court date (known as a Mention Hearing), without needing to go before the Magistrate.
If you are on bail or your matter has already had its first Mention Hearing, then you will need to attend court.
You may be on bail because you were bailed from the police station, or you may be remanded and need to apply for bail in order to be released while your matter is completed.
If you are bailed at the police station, it means that you must attend court on the next hearing date, and you must also comply with any other conditions listed on your Undertaking of Bail (a document will be provided to you with this title).
If you are kept on remand, you will need to apply for bail. This is a critical step in your matter and you or your family/friends should contact us immediately.
We charge fixed fees for criminal matters. That means that our fee is fixed up to and including the next court date. Not all matters are the same of course. Some matters are in the Magistrates’ Court, some are in the County Court, some are Appeals etc. The fee will depend on your particular matter. Fixed fee means that you know exactly how much your matter will cost – there will not be any bill shock! Call us today for an estimate on your matter. We service all courts.
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Michael0491 626 283 -
Nicholas0493 141 014
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Email Address[email protected] -
AddressNardi Lawyers Pty Ltd
Suite 22 Level 1/797 Plenty Rd,
South Morang VIC 3752, Australia -
Address
456 Lonsdale Street, Melbourne, Victoria, 3000
