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Criminal Defence Lawyers in Perth WA

If you have been charged with a criminal offence or you are currently under investigation by the police, it is important that you understand your rights and get proper advice about the options available to you.

Our experienced criminal law team can provide advice and representation for all criminal law charges, including:

Possession and distribution of Child Exploitation Material
Indecent dealings
Public Indecency or Public Order offences
Firearms
Arson
Manslaughter; and

Courts that we appear in include :

Magistrates Court

Magistrates Court

Supreme Court

Supreme Court

District Court

District Court

Children's Court

Children's Court

Stirling Gardens Magistrates Court

Stirling Gardens Magistrates Court

We can appear in all Western Australian courts, both metropolitan and country. If your matter is being heard in a court outside of the Perth Metropolitan area, we can either travel to you to appear in person, or appear via an audio or video link (where allowed).

The types of matters we regularly deal with include:

Pleas in mitigation after a plea of guilty
Negotiation with the prosecution to discontinue, downgrade or amend your charge
Trials after a plea of not guilty
Bail Applications and variations
Spent Conviction applications both at the time of sentence and for old convictions and
Appeal of both conviction and sentence

If you plead guilty to a criminal charge, you will have the opportunity to provide a “plea in mitigation” to the sentencing Magistrate, Judge or Justice.

A properly presented plea in mitigation should include the circumstances of the offending, your personal circumstances, and any steps you've taken to ensure that you will not reoffend.

In certain cases, we will advise that you undertake counselling to address your particular issue. The aim is to show remorse, and show that you are being or have been rehabilitated, in order to obtain you the lowest possible penalty. Where imprisonment is involved, unless mandatory sentencing applies, the aim is always to avoid an immediate term of imprisonment, if viable in the circumstances.

If you do not agree with the facts of the charge, the charge itself, or if you have a valid defence to the charge, you will likely enter a plea of not guilty and proceed to a trial. All charges will first be heard at the Magistrates Court level, and as the matter proceeds, some more serious matters will be required to be transferred to the District or Supreme Courts.

At trial, the prosecution must prove the elements of the charge beyond a reasonable doubt. We will have the opportunity to cross examine the prosecution witnesses, and you will have the opportunity to provide your own witnesses, or give evidence yourself.

However, there is no requirement for you to give evidence as the burden lies solely with the prosecution. Certain defences will require you to prove your defence on the balance of probabilities.

If your matter is being heard in the Magistrates Court, the finding of guilt or acquittal lies solely with the presiding Magistrate.

If your matter is being heard in the District or Supreme Court, a jury of your peers will have this task.

Quite often, we find that some charges have prospects of being discontinued or being downgraded to a lesser charge with a lower maximum penalty. Also, sometimes you may agree with the essence of the charge, but disagree with certain alleged facts.

This is where we can present a submission to the prosecution on your behalf. A submission to the prosecution may be the difference between proceeding to trial and having your matter dealt with at an early stage, saving you in legal fees in the long run.

If you are charged with a criminal offence, the police have the option of releasing you with a court hearing notice, a summons, or police bail. If you receive police bail, you will be released into the community, but will need to abide by certain conditions and ensure that you attend your upcoming court date.

If the police do not release you on bail, they must take you to a Court, where you will need to ask the Court to release you on bail.

It is extremely important that you obtain proper legal advice and representation to make the application for bail, as if the application is made and refused by a Court, you cannot remake the application unless you can prove that your circumstances have changed.

As your circumstances can change, there may be an occasion where your current bail conditions become unreasonable or impossible for you to comply with. You are required to make an application to vary these conditions, and these conditions can only be varied by a Court.

We can advise you on your prospects of bail, and represent you in the process.

In some circumstances, it is possible is possible to get a “spent conviction” if you have been found guilty or have pleaded guilty to a criminal offence.

A spent conviction will not appear on your National Police Check, and can essentially allow you to “hide” your conviction. You will not be required to disclose the conviction unless required to by law.

A spent conviction order is made at the time of sentencing if the Court is satisfied that

  1. You are unlikely to reoffend in a similar manner;

AND

  1. You are of prior good character;

OR

  1. The offence is trivial;

and you should be immediately relieved of the adverse effect of that conviction.

In some cases, it is also possible to have old convictions “spent” after a certain waiting period has passed.

We can advise on the prospects of obtaining a spent conviction and represent you in the process.

We are also able to provide advice and representation in relation to appeals against sentence or conviction.

If you are found guilty after a trial or you consider that the sentence imposed on you is too long, you can consider an appeal.

The appeal process is generally lengthy and requires the person appealing, the “appellant”, to file extensive submissions setting out why they say they been incorrectly convicted or sentenced.

There are also strict time limitations on when you need to lodge your Appeal Notice. Lodging an Appeal Notice out of time will require leave of the Court.

We can advise you on your prospects of success of an appeal and represent you in the process.

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high level of service

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