FAQs
INVESTIGATION & BEING CHARGED
The Police have contacted me and want me to do an interview, what should I do?
Immediately contact us. You do not have to attend and participate in an interview with the Police if you don’t want. However, if you are under arrest, the Police may conduct an interview whilst you are in their custody.
Do I have to answer the questions the Police ask me?
You do not have to answer any questions that the Police ask you. We advise all clients who are questioned by the Police to give “no comment” responses.
How do I book a consultation?
You can book an initial consultation by clicking here
Why should I book a consultation?
When facing criminal charge(s) it is vital to obtain clear and accurate advice from a criminal lawyer. In our experience, clients who engage with a criminal lawyer at the earliest opportunity often obtain the most favourable outcomes
What happens at my first court date?
Your first court appearance is called a Mention. At the first court appearance for your matter, the Magistrate will confirm your identity, the charge(s) against you will be read aloud and your lawyer will ask the Magistrate for what they are seeking on your behalf.
Do I have to attend court?
If you are on bail you will be summonsed to appear and must attend court to have your bail renewed at each court appearance. If you are not on bail, you do not have to attend court and your lawyer can appear on your behalf in your absence.
Can we negotiate with the Police?
Yes. We often negotiate charge(s) with both the Police and if necessary, the Office of the Director of Public Prosecutions.
What will my case cost me?
Every client’s matter and circumstances are unique, however we offer fixed-fee arrangements in most circumstances and our fixed-fee approach enables us to provide value to all our clients in a cost-effective manner.
Do I need a lawyer to attend the interview?
You do not have to have a lawyer attend a Police interview with you, however if you wish to participate in an interview, we strongly advise speaking to one of our lawyers beforehand.
Why should I engage a criminal lawyer?
Engaging a lawyer who practices exclusively in Criminal Law ensures that you are talking to a lawyer who works only in this area of law and is not a generalist lawyer.
How much does the consultation cost?
The initial consultation fee is $440 incl. GST.
What happens at a consultation?
At your consultation, we will discuss your charges with you including the potential penalties and the various courses of action available to you. We discuss your circumstances to understand you better and will explain the process of your charge(s) through the court system. Ultimately we will provide you advice as to how we think you ought to proceed.
Should I just plead guilty to get it all over with?
We will never advise a client to plead guilty without first considering all the circumstances of their case at the time they engage us. There are a number of ways you can deal with your charge(s) and pleading guilty at the earliest opportunity may not necessarily be the right choice for you. We can advise you on this.
If I don’t want to plead guilty, what else can I do?
If you don’t want to plead guilty, you make wish to plead not guilty and take your matter to a trial. You may also wish to instruct us to write to the prosecution to seek a downgrade or discontinuance of your charge(s). In many circumstances we often write to the prosecution on behalf of the client.
What is a spent conviction?
If you are convicted of an offence, it will form part of your criminal record. If that conviction is ‘spent’, you generally do not need to tell anyone about that conviction. The conviction will not appear on your National Police Certificate.
I’ve been served a restraining order, what should I do?
Book a consultation with us. We will explain the various courses of action are available to you. If appropriate, we can assist you in filing an objection and progressing the matter through the Court.
I’ve been charged by the Police, what happens next?
Once the Police have charged you, they will decide whether or not they grant bail. If bail is granted, you will receive paperwork advising you of your next court date, if bail is refused you will be remanded to custody.
Will I get bail?
Whether or not bail is granted is a matter for the Police at the time you are charged with an offence. If you are not granted bail, we can make an application on your behalf.
YOUR CONSULTATION
What happens after the consultation?
Following your consultation, we will send you a formal costs disclosure, setting out our fees for your matter so fees are clear from the start. We will also confirm your instructions and our appearance at your next court date.
What should I bring to the consultation?
You should attend the consultation with any materials you’ve been provided by the Police. This may include a Statement of Material Facts, History for Court, Bail Papers or in some circumstances, initial disclosure.
GOING TO COURT
What courts do you represent clients at?
We appear for clients in all courts of all jurisdictions across Western Australia, including Magistrates Court, District Court and Supreme Court. Our lawyers appear in Courts across Perth on a daily basis.
Can you make a bail application?
Yes. Our team are well experienced in making bail applications in all manner of circumstances. This includes simple bail applications as well as complex applications, including Schedule 2 applications.
OTHER QUESTIONS
A loved one has been taken into custody, what should I do?
Contact us immediately.
Can you help me get an Extraordinary Drivers License?
Yes we regularly appear in the Magistrates Court for Extraordinary Drivers License applications