Criminal & Traffic Lawyers Melbourne

Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

Should I obtain legal advice before speaking to police?

Yes — wherever practicable. Anything said in a police interview can be used in subsequent proceedings, and the decisions made at that stage can significantly affect the outcome of a matter. Early legal advice helps you understand your rights, the nature of the allegation and the consequences of participating in an interview or declining to do so.

What happens at a first mention hearing?

A first mention is the initial appearance in the Magistrates' Court. The charges are formally before the court, and the matter is then either adjourned (commonly for legal advice, negotiation with police or preparation of materials), set down for a plea hearing, or listed for a contested hearing. Few first mentions are finalised on the day — they are usually the start of the court process, not the end of it.

Can I contest a traffic offence?

Yes. Many traffic offences can be contested — either on the basis that the alleged conduct did not occur, that an element of the offence is not made out, or on technical or evidentiary grounds. Whether contesting is the right path depends on the available evidence, the likely outcome on a plea and the consequences of a contested hearing. We give clients a clear assessment before that decision is made.

What are the consequences of drink driving?

Drink driving carries significant consequences in Victoria, which may include licence loss, fines, mandatory alcohol interlock conditions, behaviour change programs and — in more serious cases — terms of imprisonment. The penalty depends on the reading, the driver's history and the surrounding circumstances. Our Information Centre article on drink driving in Victoria gives a fuller overview of how the regime works.

What is an intervention order?

An intervention order is a court order designed to protect a person from family violence or from another person's conduct that causes them to fear for their safety. There are two main types in Victoria: family violence intervention orders (between family members or those in a domestic relationship) and personal safety intervention orders (between people who are not in a family-type relationship). Breach of an intervention order is a criminal offence.

Do I have to attend court?

Generally, yes — if you are the person charged or the respondent to an application, you are usually required to attend court on each listed date. In some matters a lawyer can appear on your behalf, particularly for procedural mentions or adjournments. We advise clients on when their attendance is required and when their lawyer can appear without them.

What happens if I plead guilty?

A plea of guilty resolves the question of liability and moves the matter to sentencing. The court considers the nature of the offence, any prior history, personal circumstances, character references and submissions from the defence and prosecution before deciding on penalty. A well-prepared plea — including thoughtful mitigation and supporting material — can have a significant impact on the sentence ultimately imposed.

What is a contested hearing?

A contested hearing is the trial of the matter in the Magistrates' Court. The prosecution calls evidence in support of the charge, the defence tests that evidence and may call its own, and the magistrate then decides whether the charge has been proven beyond reasonable doubt. Contested hearings require careful preparation — from analysis of the brief through to identification of witnesses, evidence and lines of cross-examination.

Can I appeal a court decision?

In most cases, yes. Both convictions and sentences imposed in the Magistrates' Court can generally be appealed to the County Court, and strict time limits apply (typically 28 days). An appeal is not simply a second chance — it should be approached with a careful assessment of prospects and risks, including the possibility of a different result on either conviction or sentence.

When should I engage a criminal lawyer?

As early as possible — ideally before any interview with police and certainly before any court appearance. Early engagement allows the brief to be reviewed properly, options to be assessed, negotiations to be explored where appropriate and a clear strategy to be put in place. Last-minute representation almost always limits the options that are realistically available.