CRIMINAL LAWYERS | TRAFFIC LAWYERS | DOM VELCIC & CO ~ Solicitors and Barristers

CRIMINAL LAW & TRAFFIC LAW
LAW UPDATE
ARREST
BAIL
DRIVING OFFENCES: DUI
ATO - TAXATION PROSECUTIONS

F.A.Q.: QuickInfo

Arrested or served with a Court Attendance Notice?
If you have just been arrested or received a C.A.N. (Court Attendance Notice) remain calm and importantly access legal advice before you say anything to a police officer. Most people are not aware that a right to silence exists in almost all cases and we strongly recommend you do not give that right away, rather you should exercise your right to silence until a solicitor is spoken to. If you are arrested for a crime you should contact our solicitors as soon as possible as we have a better sense of what you should and should not say to police officers to avoid being misinterpreted or misunderstood.

Call for legal advice
If the matter is urgent please contact us on 0410 270 730. We are solicitors with a detailed understanding of the law and the experience to guide you in the right direction. Call 1300 557 243 for a complimentary consultation arranged promptly at a mutually convenient time or you may wish to initially discuss your matter over the telephone.

Court date fixed?
Do you already have a date to appear in Court? Preparation and presentations of substance are the key to any case. The earlier you commence your defence the better your result. Juries, Judges and Magistrates appreciate a well prepared and presented case. Maximising your outcome depends on the quality of the work done prior to your day in court as much as the value of the presentation on the day.

If you are facing charges, we are often considered the firm of choice. Coping with the complexity and confusion of any legal problem is a stressful process. Our team of solicitors and barristers are proven over time and in court.

It is imperative that you involve our solicitors as soon as practicable in the charging process given recent changes in criminal law including:

Recent changes to the Bail Act NSW, in particular s22A, has made getting bail in the Local Bail Court almost as difficult as getting it in the Supreme Court. Now, for most people they realistically only have one shot at bail in the Local Court;

Greater disqualification periods are being handed down for drink driving;

More frequent gaol terms for domestic violence and contravening AVO's are being imposed;

More charges have been added to the list of Standard Non Parole Periods that apply increasing the minimum periods served in custody if found guilty after a trial;

There have been 21 new amendments to the Evidence Act that affect the way evidence is given in court;

There have been changes to the admissibility of tape recorded interviews and the use of police in car video (ICV).

We will conduct your jury trails, hearings, discovery of evidence, interlocutory proceedings, sentences and appeals. Our experience extends to appearing in the NSW Crimes Commission, ICAC, Local Court, District Court and Supreme Court of New South Wales including murder trials, CCA appeals and media experience. If you require the services of a barrister we offer a selection of Senior Counsel or Queen's Counsel. After many years of in court experience we know who is good and who is not. We recommend only barristers who have proven themselves to be the best Counsel and charge reasonable fees for their services.

Real answers, a clear vision for your strategy and the right outcomes - what to ask a criminal law lawyer

The most important decision you can make is retaining the right criminal defence solicitor. Don't make a mistake of using a solicitor whose primary practice does not include criminal law. You wouldn't go to a dentist if you break your arm so don't hire a conveyancing or workers compensation solicitor to represent you in a criminal matter. Seek an experienced and reputable criminal defence practitioner. It is very important to retain your solicitor immediately. Time is not on your side. The sooner your solicitor gets involved on your side the better off you will be regardless of the charges you are facing.

For those of you who are considering representing yourself you are making a big mistake. There is an old saying that goes: 'He who represents himself has a fool for a client'. Don't make that mistake. Although you have a legal right to, you are seriously putting yourself at a great disadvantage. Also, criminal laws change all the time. That is why it is so important to consult with us immediately. Certain criminal convictions can have serious consequences on your life. BE AWARE. Not only should you hire a good solicitor but you should also be a good client. That means you should inform yourself and actively participate in your defence. Ask questions and be honest and straightforward with your solicitor. Remember what you tell your solicitor is privileged. Our firm's philosophy is such that we work together as a team with our clients to obtain the best results.

Here Are Some Questions You Should Ask us:
1. What are the charges against me? And what are the consequences if I am found guilty? What are some sentencing alternatives?
2. What are some of my potential defences and how will they apply to the facts of my case? What is the defence strategy? Plea bargain - Motions - Trial
3. How many similar cases have you handled and what have been some of the outcomes?
4. What kind of evidence will prosecutors present against me and how will you obtain this evidence (Discovery)?
5. How much defence investigation will need to be done and at what cost? What can I do to help?
6. What is an expert witness and will I need one? How much will it cost?
7. What can I do right now to improve the outcome of my situation? Should I enrol in any classes? Should I obtain employment? Should I seek any medical attention?
8. What if any evidence can be excluded based on improper police conduct? Do the current search and seizure laws apply to my case?
9. How should I act in court, in front of witnesses, with probation officers, and prosecutors?
10. What can I discuss with my friends and family members? How should I deal with those issues?

Tell you that you are under arrest; Tell you why you are being arrested;
Touch you, unless you submit by going with the police officer or staying where you are told.

Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you escaping. A judge or magistrate will decide whether or not the force used was reasonable in the circumstances. What happens if I resist arrest? It is an offence to resist arrest. Active resistance is required for a charge of resisting arrest to be laid. Lying down and refusing to co-operate is not resisting arrest. Police may arrest you if they reasonably believe you have committed an offence, even if, in fact, you are completely innocent. If you resist arrest, you are committing an offence with which you may be charged, even if the police do not charge you with any other offence. Do I have to submit to a search?Yes. Police officers have the right to search you, without a warrant, immediately after arresting you or later if you have been charged. Can I be arrested for questioning? NO. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your Solicitor. You should ask for a lawyer or independent witness to be present during questioning. What should I do when arrested and taken to a police station? Politely insist that you be allowed to contact a lawyer. You have the right to have a lawyer present while you are being questioned to give you advice. There is no legal aid for lawyers to attend police stations to advise you or be present during questioning. Do I have to answer questions if I am under arrest? In general you have a right to silence. However, if the arrest concerns a motor vehicle, you are required to give your name and address and particulars of the incident to the police. Police should caution you, before questioning, that no questions need be answered but that any answer given may be used in evidence. The police may want you to answer questions in what is known as a "record of interview". This may be recorded on video and audio tape. Give the police your name, address and date of birth, but do not answer any other questions unless you have your solicitor present. Do not sign any document other than a bail form! Do I have to submit to being fingerprinted or photographed? YES. The police may take your fingerprints and photographs of you for the purpose of identification. If you are subsequently acquitted or the charges against you are dropped, you may ask that your fingerprints and photographs be destroyed.

Do I have to participate in an identification parade?
NO! But the police may ask witnesses to identify you from photographs.

How long do I have to stay in custody?
Following arrest, the police may detain you for an initial period of up to four hours to conduct investigations; an application can be made to allow an extension of up to a further eight hours. Following this you must either be charged or released. If you are charged, you will usually be released on bail, with or without conditions. If you are refused bail, or cannot meet the conditions set, you must be brought before a court where you can apply for bail.

What questions do I answer?
A police officer can request a person to provide his or her name and address if those details are unknown to the police officer and if the police officer believes on reasonable grounds that the person may be able to assist in the investigation of an alleged offence because the person was at or near the place where an alleged offence occurred around the time when the offence occurred. It is an offence to refuse to supply a name and address. The penalty is $220. Where a police officer reasonably suspects that a motor vehicle was or may have been used in the commission of an indictable offence, the police officer can ask the owner, driver or passenger of the vehicle to supply details of the driver and passengers in the vehicle at the time of the offence. It is an offence to refuse to give an answer or to give a false name or address, carrying a penalty of $5500 or 12 months gaol. Police can demand proof of identification:

Recent changes to the Bail Act NSW mean once legally represented you effectively have one opportunity for bail unless your circumstances change. Any person charged with an offence not punishable by imprisonment, or an offence under the Summary Offences Act, generally has the right to release on bail. There is a presumption of bail for all offences except for offences where there is no presumption of bail or where there is a presumption against bail. There is a presumption against bail for the matters such as serious firearms or weapons matters, cultivation, manufacture, importation and supply of the commercial quantity of prohibited drugs. If a person is charged with two unrelated serious property offences i.e. robbery, break and enter, and car jacking - and has been convicted of a serious property offence within the past 2 years, there is a presumption against bail . There is now a presumption against bail for the offence of riot, or an offence carrying a maximum penalty of more than 2 years which is committed while the accused is participating a a large scale public disorder or 'in connection with the exercise of police powers to prevent or control such a disorder or the threat of such a disorder'. Where there is a presumption against bail the court must concentrate more on the strength of the Crown case.

'Exceptional circumstances' must exist before bail is granted to someone charged with murder. Similarly if someone is charged with a 'serious personal violence' offence, and has a previous conviction for such an offence, 'exceptional circumstances' must exist before bail can be granted. 'Serious personal violence' is defined as including murder, attempted murder, armed robbery and most forms of sexual assault.

Appeals bail to the CCA is only for cases there are special or exceptional circumstances. In practice this means it is necessary to show that the appeal is most likely to succeed. Where the appeal is against a sentence imposed in the District Court, it needs to be shown at least that if bail is not granted the whole sentence will be served before the matter is heard in the CCA, or that there is an overwhelming likelihood that the appeal will succeed in the CCA.

FAQ's about Driving Offences

Penalties for driving offences. The RTA provides voluminous information on penalties on the RTA Website. You do not need a lawyer to advise you what the penalty is - rather you need a great lawyer to present your case and influence the Magistrate or Judge with your mitigating circumstances. The government uses police prosecutors to advocate your breaking the law - and this is another reason why you need someone to get across your point of view about what happened. Prosecutors and police are not impartial and objective, they have a job to do and that is to get convictions and higher penalties. Do not attend court without a lawyer and a clear vision about your strategy to get a good result. We deal with complex and serious driving matters in including manslaughter/culpable driving and less serious cases such as licence appeals, speeding, drink driving and street racing.

The Guideline Judgment in respect of High Range PCA's has changed the landscape of sentencing for drink driving by imposing tough restrictions on what sentences can be imposed. Lenient sentencing has ceased and gaol has become a common form of deterrent and punishment for repeat offenders. Repeat offenders often receive cumulative disqualification periods being declared habitual traffic offenders and we are experienced in applying to quash such declarations.

Thousand of people are arrested for drink driving each year. Police officers are human, and can make mistakes when deciding whether or not to arrest someone. Breath tests can be misinterpreted. Blood alcohol testing equipment can malfunction. People can be treated unfairly. Important rights not read. If you feel your DUI charges are unfair or wrong, we can help. We have the knowledge and the experience to help you fight these charges. We have helped over a thousand people in similar circumstances, and we are ready to fight for your rights. Don't try to represent yourself. The consequences are too serious, loss of license, fines, gaol, damage to your reputation and the ability to keep or get a job.

Many taxi drivers and other driving professionals choose our firm to represent them when their livelihoods, homes and family's welfare are at stake. We are acutely aware of what a licence means to you. The Magistrates and Judges note the death and carnage on NSW roads as a result of poor driving and other mistakes people make. We represent our client's interest in the present circumstances. We are experienced in dealing with the media and are involved in high profile cases. Whatever your driving offence we can assist you. Call for a QuickAdvice 1300 557 243.

Alcohol Interlock Program Option

From 8 September 2003, courts can use the breath Alcohol Interlock Program as a partial alternative to licence disqualification for eligible middle, high range and repeat alcohol offenders. The Roads and Traffic Authority is in the process of sending an information package to NSW criminal law solicitors.

FAQ's about ATO/Tax Offences

The ATO has prosecution policies- please refer to the ATO website. Often individuals who have committed offences in the past whether they have done so deliberately, or through trusting others such as their bookkeepers and accountants, or deliberately - must account and take responsibility for the conduct now. We have conducted many defence cases against the ATO and the rules are complex and often defeat the defendant without careful legal consideration. The common saying and advice applies "if you are in an elevator with a gorilla, the last thing you want to do is upset the gorilla." The ATO is a powerful organisation with limitless resources and house specialists in prosecutions and investigations. They have unparallelled power to delve into your private and business financial affairs. If you have been charged with offences under the Commonwealth Criminal Code or Commonwealth Crimes Act for tax offences please contact our offices immediately as such breaches are punishable by gaol sentences. If your matter has not yet reached that position then we may assist you in your negotiations with the ATO.

For more information on charges, case law and articles please refer to our Legal Links page where there is a comprehensive range of relevant links.

AUSTLII provides great resources and access to case law and legislation:

Traffic Offences and RTA Licence Appeals
AVO and Domestic Violence
Habitual Offender Declaration Quashed
Assaults
Stealing and Fraud
Sex Offences
Drug Offences
Homicide
Gun Violations

The authors & publishers are not responsible for the results of any action on the basis of information in this website nor for any error or omission in or from it.

The information on this website is not legal advice and should not be used as a substitute for the advice of legal counsel.

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