Case Summary
A professional with no prior criminal history was the subject of a police investigation following allegations that he had breached an interim intervention order during an acrimonious family law separation.
The allegations arose in a sensitive personal and legal context, with the potential for criminal proceedings to create further expense and complications for the client, including in ongoing family law proceedings.
The client sought legal representation to respond to the investigation and address the allegations before a decision was made about whether charges would be laid.
The Challenge
The complainant alleged that the client had breached the interim intervention order by attending at her premises.
In addition to the potential consequences of criminal charges, the investigation carried particular significance because of the ongoing family law proceedings. Being charged could have resulted in additional legal costs, stress and potential complications in those proceedings.
The challenge was to ensure that police considered relevant information beyond the initial allegations before deciding whether to charge the client.
Our Strategy
Sam Norton advised the client in relation to his police interview, during which the client provided a no-comment interview.
The defence then obtained relevant documents that raised questions about the allegations and the complainant’s account. Rather than relying solely on the police interview process, Sam provided the material to police together with written submissions explaining why the available evidence did not warrant charges being laid.
Early communication with police was an important part of the strategy. The defence requested that police defer their charging decision until they had received and considered the additional material.
This approach demonstrated the importance of intervening early in a criminal investigation. A police interview is not the only opportunity for relevant information to be brought to investigators’ attention. Where documents or other material may assist in assessing the allegations, providing that information and making submissions at the appropriate stage can help ensure the investigation considers a more complete picture of the circumstances.
The Result
Following the defence representations, no charges were laid against the client.
This avoided the expense and disruption of criminal proceedings and was particularly significant given the client’s ongoing family law proceedings.
The outcome highlights the potential value of early legal intervention, particularly where relevant documentary evidence can be provided to police before a charging decision is made.
Why Experience Matters in Criminal Defence
Being investigated by police does not necessarily mean that charges will follow. The way an investigation is approached from the outset can be important, particularly where documentary evidence or other information may affect how allegations are assessed.
Stary Norton Halphen & Galbally has extensive experience in criminal defence and dealing with police investigations. Our approach includes advising clients on police interviews, identifying relevant evidence and making submissions to investigators where appropriate.
Early legal representation can help ensure that clients understand their options and that relevant information is put before police at the appropriate stage.
If you are under investigation or have been accused of breaching an intervention order, obtaining legal advice early can help you understand your rights and the options available to you.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.