Copyright 2019 ALFA Lawyers Pty. Ltd. | ACN 154 341 394 | Tel: 03 9823 1468

The information on this site is not legal advice. You should consult our lawyers for advice on your own situation.

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Criminal Defence Law

WE HELP YOU PROVE YOUR INNOCENCE OR MAKE A PLEA OF MITIGATION ON YOUR BEHALF
For a reasonable fixed fee (see below), we can defend you against state or federal charges in any of the following areas:
  • All Driving and Traffic Offences

  • All Summary Offences

  • All Indictable Offences

  • Assault and Affray Offences

  • Driving License Restorations

  • Drug Offences

  • Intervention Orders (IVO's)

  • Breach of an Intervention Order

  • Breach of Community Correction Order

  • Fraud, including social welfare fraud

  • Theft, Shop-stealing

  • Public Order Offences

  • Property Offences

  • Sexual Offences

  • Murder

  • Medicare Fraud

We provide experienced, expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with indictable offences, summary offences, or driving and traffic offences.

 

Call us now to see just what is possible, or book a free case assessment on-line.

Plea of Mitigation

If you decide to plead guilty, we will carefully explain to the court the reasons for the offence.  Your good character, provocation, whether you were undergoing a stressful time in your life, whether you were intoxicated, your genuine remorse, whether you have undergone any type of rehabilitation program, whether you have paid monies back to the victim (if applicable) are all matters that can serve to reduce your penalty.

A “plea of mitigation” is an opportunity to provide information that will help you when the court is deciding on the appropriate sentence.  As part of the plea of mitigation, our experienced criminal defence lawyer will skilfully explain to the court the reason why you committed the offence, inform the court about your background and personal circumstances, and they will make every effort on your behalf to persuade the court to apply the minimum sentence.

When you are charged with a criminal offence ALFA Lawyers criminal division in Toorak will provide you with expert advice and professional representation.  (Please see our reasonable FIXED FEES below.)

We can provide expert legal advice on sentencing and we will strongly advocate for your best interests in court.  It may mean the difference between a good behaviour bond or a short term of imprisonment. For offences that are low on the scale of seriousness, our criminal lawyers can submit matters to the court that may help to convince the court not to record a conviction.

Please note there is no guarantee as to the outcome of any court hearing.  However, if pleading guilty to your charges, our experienced and skilful defence lawyers will work closely with you to provide you with the most appropriate plea of mitigation, to help you obtain a minimum sentence from the court and, if appropriate, no conviction against you.

The Diversion Program

You may be eligible for the Criminal Justice Diversion Program which  provides mainly first time offenders with the opportunity to avoid a criminal record by undertaking conditions that benefit the offender, victim, and the community as a whole.

To be eligible for the Diversion Program, your matter must meet certain criteria before a Diversion can be recommended, including the following:

  • the offence is triable summarily

  • the offence is not subject to a minimum or fixed sentence or penalty (except demerit points)

  • the accused acknowledges responsibility for the offence

  • prosecution must also consent for the matter to proceed by way of Diversion

 

If you receive a Diversion Order from the Court, your matter will be adjourned to a future date. You must complete all conditions set by the Magistrate and notify the Court of their completion. if you complete all of the mandatory conditions, your matter will be dismissed without a finding of guilt and, importantly, without a conviction on your police record.

Obtaining a Diversion Order from the Court is not always easy.  Even if you fit the general conditions for Diversion, and even if the Police have recommended you for the Diversion Program, there is no guarantee the Magistrate will permit your entry into the program.  You will still be required to appear before a Magistrate, and the Magistrate will make the final decision.   If the Police have not recommended you for the Diversion Program, we can investigate your matter and discuss your eligibility further with the Police Informant and, if necessary, with the prosecutor.  Our experienced criminal lawyer acting on your behalf will advise you and guide you through the entire Diversion process, to ensure you have the best chance of obtaining a Diversion Order to resolve your matter without a conviction or criminal history.  Retaining counsel to act for you also demonstrates to the court that you making an effort to obtain the best outcome and that you are taking the criminal charges seriously.

Criminal Law Jurisdictions

We can provide representation to clients in all jurisdictions, including:

  • Pleas of mitigation

  • Contested Committal proceedings

  • Intervention orders (Restraining Orders)

  • Sexual Offences List

  • Directions hearings

  • Case conference hearings

  • Confiscation of Assets

  • Interlocutory applications

  • Customs prosecutions

  • ASIC prosecutions

  • Royal Commissions

  • Advice in relation to criminal prosecutions

  • Trials (County and Supreme Courts)

  • Bail applications (Magistrates’, County and Supreme Courts)

  • Contested hearings

  • Appeals against sentence and conviction (Magistrates’, County and Supreme Courts)

  • Coronial inquests

 

We practice in the following Courts:

  • Magistrates’ Court of Victoria

  • Coroners Court of Victoria

  • County Court of Victoria

  • Supreme Court of Victoria

  • Court of Appeal (Criminal and Civil)

  • Federal Circuit Court of Australia

  • Federal Court of Australia

  • Family Court of Australia

  • High Court of Australia

 

LEGAL COSTS FOR YOUR CRIMINAL DEFENCE

 

For a Plea of Guilty – FIXED FEES FROM $990

 

Our fees for acting for you in your criminal defence are exceptionally reasonable and economical.  If you are charged with only one summary offence, you have no prior convictions, and you are pleading guilty to the charge at the first court hearing, our fixed fees starts at $990.  This fixed fee is for one court appearance only, and it only applies to simple summary offences that can be resolved at the first court hearing.  This fee also includes our conference with you, taking your instructions, review of your character references, and our preparation of your plea of mitigation.  Disbursements, such as medical examinations or Counsel's fee (if required), will be billed to you at cost.  We also have a combination of fixed fee and hourly rate, which is very economical for more complex cases.  

For more complex criminal matters (typically more than one offence, or for a serious indictable offence), we may need to charge more than $990, and we will inform you at our first meeting (or shortly after we read the police charge sheet) if a higher fee applies.  For example, if you require a medical examination and pre-sentencing forensic report, we will encourage you to arrange your own.  However, if you prefer, we can arrange your pre-sentencing medical examination and report for you, but a small extra fee may apply.  Also, in indictable offences, or matters with multiple criminal charges and multiple police briefs, or if you have related previous criminal convictions, we may also need to increase our fees accordingly.  Applications for the Diversion Program may also attract a higher fee, or if we need to brief a medical professional or a barrister.  We will advise you in advance of any such extra fees.

For all conditions that apply to our fixed fees, please telephone our office.

Pleading Not GuiltyFIXED FEES FROM $990

If you are pleading not guilty and defending one summary charge, and if your case is simple, we will charge a reasonable fixed fee starting at $990 for each mention or directions hearing, and $1,650 for an appearance at a contest hearing.  These fixed fees includes our consultation with you, taking your instructions, and constructing the most appropriate defence for you to help you succeed in court.  There may be an extra fee charged for more complex matters, such as indictable offences or multiple charges, or if it is necessary to visit a police station to view evidence.  (See above paragraph for more information.)  Any disbursements made on your behalf, including the cost of a barrister (if required) are extra.  All disbursements will be billed to you at cost.

We also have a combination of fixed fee and hourly rate, which is very economical for more complex cases.  

We recommend that you investigate fees and costs before choosing a criminal defence lawyer. Our fees for criminal law matters can be based on a low fixed fee or combination of fixed fee and reasonable hourly rate, rather than using only a high hourly rate that many other criminal law firms charge their clients. We will explain our billing options to you and, with our help, you can choose the billing method that will be most economical for your criminal defence or plea of mitigation.

Intervention Orders – FIXED FEES FROM $990

We will vigorously defend you if you have a Personal Safety Order or a Family Violence Intervention Order (IVO) made against you.  These are Court orders which have the same basic purpose, which is to prevent one person from engaging in defined activities towards another person.  We will also advise you on the best course of action to take in your circumstances.  An Intervention Order is often followed up by police laying criminal charges, so you should obtain legal advice as soon as possible.

We have a reasonable fixed fee of $990 to appear at court directions hearings (including adjournments).  If the  hearing is a contested hearing, our fixed fee will start at $1,650, depending on complexity of your matter.  This fixed fee includes our consultation with you, taking your instructions, and constructing the most appropriate defence to help you succeed in your case. Any disbursements made on your behalf, including the cost of a barrister (if required) are extra.  All disbursements will be billed to you at cost.  

 

We also have a combination fee made up of a fixed fee and an hourly rate or scale rate, which is very economical for more complex cases.   For information on which fees apply to your matter, please contact our office.

Please note that any intervention order application brought against you by the Victoria Police may attract a higher fixed fee; however, we will advise you if a higher fixed fee is applicable during your first meeting with us.

We can also assist you to apply for an intervention order against another person.

We also cordially invite you to arrange a free case assessment with an experienced and friendly criminal defence lawyer who will sit down with you to discuss your circumstances, and explain the fees we will charge.  Or call us during business hours to discuss your case over the phone with a lawyer.