Some Cases Our Solicitors Have Conducted
We have successfully defended traffic offences of driving with an unrestrained child where the driver of the vehicle was unaware that the child passenger had unclipped the seat belt.
We have successfully defended an offence of using a mobile phone while driving when it was proved that the device being used by the driver was a volume control device and not a mobile phone.
We have successfully defended a driver who was charged with speeding based on the visual observations of a police officer.
Our solicitors have defended a range of criminal matters, including;
Drug possession, drug supply, robbery, larceny, fraud, assault, assault police, escape from police custody, offensive behaviour, offensive language, breach of bail, breach of AVO,
If a client instructs us to enter a plea of guilty then we will work to achieve the best possible sentence outcome. We will present to the Court sentencing submissions which present any special factors the Court should consider in giving you a lighter sentence than usually applied.
Sometimes we are able to negotiate with police to have particular charges downgraded or to have the police facts changed so that there is agreement between the client and the police as to what actually occurred.
An early guilty plea can result in a sentence discount of 25%.
In certain circumstances it is possible to submit to the court that a charge, after a plea of guilty, should be dealt with without a conviction being recorded. This is usually referred to as a ‘Section 10 dismissal’. If the offender has a previously clean record, is of good character, is not likely to re-offend and has good prospects of rehabilitation, then, a Local Court Magistrate may be convinced to deal with the charge by way of a Section 10 dismissal. We have successfully made Section 10 submissions in such matters as; PCA offences, common assault, not properly restrained with an approved seat belt, unlicensed driving, driving an unregistered and uninsured vehicle
Mental Health Issues:
Many clients end up before the courts as a result of incidents arising out of unresolved mental health issues. Sometimes it is possible to have matters diverted out of the court system so that the offender can seek treatment for the underlying mental health issues. Such applications are referred to as ‘Section 32 applications’. We have successfully made s32 applications in matters of larceny, assault and breach AVO.