Dribbin & Brown Criminal Lawyers

What is the difference between a public defender and a private criminal lawyer?

A public defender in Victoria is someone that works for Victoria Legal Aid, as an in-house trial counsel. Don’t get confused with the American system, the definition of public defender is different in Australia. In Australia public defenders are like barristers, but they work for legal aid. A public defender is different to the duty lawyer at the local magistrate’s court. This lawyer changes from day to day.

What is a Jury trial?

A trial commences when the accused pleads not guilty on arraignment in the presence of the jury panel (section 210 of the CPA).

When bail can be granted?

Bail can be granted at any stage of the criminal process from the point of arrest through to the trial, sentence and final appeal.

What is disclosable on a police check?

How long an offence on your record is disclosable by Victoria Police depends on whether your matter went to court, the court’s findings and the seriousness of the offence. All court appearances and outcomes of all criminal offences considered in court, from minor convictions to convictions for serious offences, are disclosable on your criminal record (except for diversion) until it becomes a spent conviction.

What does it cost to hire a criminal lawyer?

If it is a very straight forward matter that is finalised in one day, the fee will usually range from $2000 – $3000. If it requires multiple adjournments or is a serious matter, then the fees will be higher. Every case is different, it depends if the matter can resolve early or will be proceeding to a contested hearing or a trial. The best course, if you have a brief or a charge sheet, make an appointment so one of our lawyers can give you a costs assessment, from there you will know.

How long will my case take to be resolved?

Some cases will be resolved on the first day that the matter is listed, either because we negotiate a withdrawal, or because the matter proceeds as a plea of guilty. Other matters will only finalise once they reach a contested hearing or a jury trial. Either way the best way to determine how long your matter will take, is to sit down with an experienced criminal defence lawyer as soon as possible.

What is the maximum penalty that can be handed down in the Victorian Magistrates Court?

The maximum penalty that can be handed out in the Magistrates’ Court of Victoria on a single charge is 2 years but, on multiple charges, the maximum sentence that can be imposed increases to 5 years.

Will you be able to negotiate a plea bargain for me?

This is a difficult question to answer, as it will always depend on the evidence. If your instructions are to plead guilty, then that will be easy, if your instructions are to get the head charge withdrawn and resolve the matter on a lesser charge, it will really depend on the evidence and how the discussions with the prosecution unfold.

How will you communicate with me through my case?

We provide appointments, via zoom, via telephone and in person. All our lawyers have their landlines connected to their mobile phones so as to make client contact easier. We always make it easy to keep in touch with our lawyers as we understand the stress and embarrassment that can often be associated with having to attend court. We understand that communication is the key to alleviating any concerns our clients have about their impending case.

What are my rights during a criminal trial?

Your primary right during a criminal trial is the right to provide instructions to your legal representative and expect those instructions to be carried out. As an example, if you wanted to plead not guilty, then those instructions must be carried out, regardless of the advice provided by our office or a barrister. You also have a right to have your matter heard by a jury of your peers in relation to any indictable matter. There are several other rights but that is a larger discussion.