Criminal & Police Matters

In most cases, no. In Victoria you have the right to remain silent, and beyond giving your name and address you generally do not have to answer police questions or take part in a record of interview. There are some limited exceptions — for example, certain driving and vehicle situations require you to give specific information. The safest step is to politely say you wish to speak to a lawyer first, and then call us before the interview. What you say (or don't say) in those early hours can shape the entire matter.

Yes. You have the right to communicate with a lawyer before being interviewed, and police must give you a reasonable opportunity to do so. We can advise you on the phone about whether to answer questions, and in many cases attend with you. You don't have to face an interview alone — and you shouldn't. Even a short conversation with us first can protect you from saying something that's later used against you.

For most everyday offences you'll be given a date to appear in the Magistrates' Court, often by way of a charge sheet and summons or a notice to appear. More serious (indictable) charges follow a different path that may start in the Magistrates' Court before moving higher. Before any court date, we obtain the police brief of evidence, go through it with you, and advise whether to defend the charge, negotiate with the prosecution, or enter a plea. The earlier we're involved, the more options you usually have.

Yes. If a person is held in custody and refused bail by police, we can prepare and run a bail application in court, often urgently. Bail decisions weigh things like the seriousness of the charge, any risk to the community, and whether conditions — such as a surety, reporting, or a curfew — can manage that risk. We put the strongest, best-prepared case for release and arrange any supporting material needed. If a bail matter is urgent, please call the office straight away.

Many drink and drug driving offences in Victoria carry an automatic licence loss, and in some cases an alcohol interlock condition when you return to driving. How long, and whether anything can be done, depends on the reading, your history and the specific offence. We explain exactly what you're facing, look at whether the charge or evidence can be challenged, and — where the law allows — make submissions to reduce the impact. Getting advice early gives us the best chance to protect your ability to drive.

Sometimes. For some first-time or lower-level matters, the court may offer diversion, which — if completed — means the charge does not result in a finding of guilt or a conviction. In other cases, a magistrate can find a charge proven but decline to record a conviction, depending on the circumstances and your background. Whether these outcomes are realistic depends entirely on the charge and the facts, which is why early, honest advice matters. We'll tell you plainly what's achievable in your situation.