Criminal Law advice from Criminal Lawyer Melbourne
Having an experienced criminal defence lawyer is critical to achieving the best result. You’ve been arrested or charged. You need help and expert advice. We’re here to help you. You need a lawyer who knows the court system intimately and who has experience across all matters relating to criminal defence. Someone who can organise bail if needed quickly and effectively and most importantly, someone who will help you get the best result .
Arrests, searches and police interviews
- police interviews
- execution of search warrants
Searches take place at all hours. As the firm provides a 24-hour, 7-day service, a solicitor will promptly attend at a client's premises or at a police station, when necessary. Experience shows that clients often act to their disadvantage during the initial period of contact with police or investigative bodies. Many clients by their conduct, admission or explanation, limit or preclude defences that would otherwise be available. An inexperienced and frightened client, who tries to talk his or her way out of trouble, may achieve the opposite. It is vital that experienced legal advice protects the client's rights from the outset. While the need for such advice may be apparent in the case of arrest, search warrant or investigation, it is equally important when the client is asked to participate in a voluntary interview or to assist the police with an investigation or with their enquiries.
- preparing bail applications – Magistrates Court, County Court and Supreme Court, and pending Appeal
- obtaining evidence of surities, calling witnesses,
- implementing security for bail eg mortgages
The nature of many charges will cause the client to be taken into custody, with bail initially refused at the police station and later opposed at Court. The client's prospects of retaining liberty can be considerably improved by skilful management and assertion of the clients rights in the period immediately after their arrest and by effective preparation and presentation of a bail application.
Retainer, confer with clients and witnesses
- arrange retainer for representation
- establish facts
- analyse legal issues
- obtain evidence from client and witnesses
- report developments
- visit clients in custody
The firm acts as soon as retained to prepare and advance the client's interests. These are best served by identifying the issues in the case, ensuring that evidence is obtained and preserved to answer the charge(s), and by ensuring that full communication enables the client to understand those issues and what needs to be done to mount a defence, or to achieve the best outcome on sentence.
- obtain documents from Police, Director of Public Prosecutions and other prosecution authorities
- prepare, issue and call on subpoenas
Whilst the procedure for the conduct of criminal cases may vary between jurisdictions, common to all cases involving prosecution for a criminal offence is the requirement for the prosecuting body to disclose its case to the defence by serving written statements of the evidence of proposed witnesses and copies of proposed exhibits where practicable to provide copies, or making these available for inspection where it is not practicable to copy them. Some information can be obtained by appropriate enquiries, and advice then given. In prosecutions, the use of carefully drafted subpoenas to produce records is one of the most significant means by which the defence can obtain additional information the prosecution has failed, or does not wish, to disclose .
We advise clients on plea, evidence, jurisdiction and if requested, choice of counsel.
Timely discussions with the prosecuting authority may save cost, delay, and bring about a more satisfactory result. In those cases where a plea of guilty is appropriate, significant discounts are available in sentence if the plea is entered at the first proper opportunity, and further discounts may be available for cooperation with the authorities, although there are always other considerations if this course is being contemplated. The firm provides representation through Martin Amad, and, where a client specifically wishes to have the services of another advocate, will recommend and brief accordingly. We have excellent relationships with all leading QC’s , Senior and Junior Counsel.
Proceeds of crime
- advice on applications to release funds for living and legal expenses
- preparation of financial affairs statements
- opposing property forfeiture and pecuniary penalty orders
- applications to exclude property from restraining orders
- representation in examination proceedings
State and Federal legislation provides for the seizure, restraint and forfeiture of assets as part of a policy directed to the preservation and recovery of proceeds of crime. The procedural steps taken by law enforcement bodies makes this a complex area. Restraining orders, initially obtained ex parte, impinge on the client's ability to operate bank accounts, borrow monies and to deal with or dispose of assets. In turn this restricts the client's ability to provide for self and family and to retain a legal defence team of choice. Any prospect of assets forfeiture or financial penalty calls for advice from experienced practitioners as early as possible in proceedings.
Preparation for hearings
- procedural steps
- orders for service of prosecution brief
- reading and analysis of prosecution evidence for client
- applications to cross examine witnesses
- liaising with witnesses
- personal appearance or briefing counsel
- drafting affidavits, subpoenas, applications
- researching law
- correspondence, telephone and personal communication with prosecutors
Amad Lawyers have many years experience in defending clients against a wide range of charges, from dishonesty involving modest sums to major fraud involving millions of dollars, and in drug offences ranging from possession of small quantities for personal use to charges involving quantities measured in tonnes. Cases handled over many years span cultivation, manufacturing, importation, trafficking, supply of drugs and conspiracies to do these. We have significant experience in sexual assault cases, murder trials and all areas of criminal law. We have acted for clients in thousands of cases in the Magistrates Court, County Court , Supreme Court , Court of Appeal and the High Court. Our experience has provided the firm with a depth of knowledge that is paramount to successfully defending our clients.
- arranging forensic and expert evidence eg chemical analysis, handwriting, fingerprint, DNA, voice identification, pathology
- medical and psychological assessments
Increasingly the prosecution of criminal cases may involve issues calling for the defence to have expert witnesses able to provide qualified opinions in areas of forensic scientific expertise, whether DNA testing, handwriting analysis, ballistics, voice identification by spectrographic analysis, pathologist reports on cause of death, drug analysis or a host of other disciplines. Frequently evidence is sought from psychiatrists and psychologists to support and assist in the presentation of a defence case on plea of guilty.
Client liason and advice
- informing client of developments in case and the law
- communication with client by telephone calls, letters, e-mail and advice
All clients wish to be kept informed and to be consulted on a regular and timely basis. They wish to understand what to expect in order to prepare for the running of the case and possible outcomes. We are committed to fostering communication and encourage our client's to contact us whenever necessary. We report to clients by all methods to suit the clients needs, whether in person, by telephone or written format, providing advice when relevant.
We have the latest internet and legal research technology including use of databases, litigation support, text retrieval, internet research subscriptions, unreported judgments and subscriptions.
Amad Lawyers has an on-going commitment to the best of new technology and the latest in communications. The firm's library/resource centre provides a comprehensive up-to-date range of law reports, legal practice services, textbooks and reference works together with access to on-line legal databases.
The firm represents clients on referral from other firms throughout Australia and overseas, appears in other States and Territories and consults to practitioners in Australia and Overseas. When on the ground assistance is needed interstate we are happy to provide referral to other local qualified lawyers, or to travel as necessary.