Frequently Asked Questions

  • If you have been contacted by police, asked to attend an interview or have been arrested, you should obtain legal advice from an experienced criminal lawyer in Melbourne before participating in any interview.

    What you say to police can be recorded and used as evidence in court. In many cases, it is in your interests to exercise your right to silence. Whether you should answer questions or provide an account depends on the circumstances of your case and should be considered carefully after receiving legal advice.

    Obtaining advice at an early stage can affect how your matter proceeds, including whether you are charged and how your case is prosecuted.

  • You should contact an experienced criminal defence lawyer immediately. Getting urgent legal advice at this stage is critical, as what you say and do can significantly affect the outcome of your case. Police must inform you of your right to contact a lawyer.

    You should not answer any questions other than your name and address until you have spoken to an experienced criminal lawyer and received clear advice on how to proceed.

  • You should contact a criminal lawyer as soon as you become aware that police wish to speak with you, or immediately after you have been arrested or charged.

    The decisions you make at an early stage – particularly in relation to a police interview – can affect how your case is defended. Obtaining advice at that stage will assist you to make informed decisions.

  • Yes. You are entitled to obtain legal advice before participating in a police interview.

    If you have been asked to attend a police station or are in custody, we can provide urgent advice. Call us 24/7 on (03) 8622 8200.

  • No. No adverse inference can be drawn from silence. You have a legal right not to answer police questions, and police are required to advise you of this right.

  • If you are charged, your matter will proceed through the court process.

    We will:

    • Explain the charges and the applicable law

    • Advise you on your options

    • Prepare your case

    • Appear on your behalf in court

    Our role is to ensure your case is properly prepared and presented, and to achieve the best possible outcome in the circumstances.

  • Generally police to require a warrant, but in special circumstances they may not. Click here for a more detailed explanation

  • Only in the short term. Any person arrested must either be released or brought before a court to determine whether they should be released on bail. While police can oppose bail, it is ultimately a decision for the Court after hearing the full application.

  • Yes. You may apply for bail more than once.

  • Once you instruct Stary Norton Halphen & Galbally, we will obtain your charge sheets and obtain a copy of the prosecution brief from Victoria Police. Once received, the brief will be analysed and you will be advised on the appropriate course of action to be pursued.

    Your first appearance in the Magistrates’ Court is called a mention date. The purpose of the mention date is to determine whether you will be pleading guilty or not guilty. The matter can only proceed on that day if you plead guilty to the charges.

    If charges need to be negotiated, the matter will be adjourned to a contest mention hearing. This is a negotiation stage. Many cases resolve at this point; however, if resolution is not possible, the matter may be further adjourned to a contested hearing. At a contested hearing, witnesses are called and cross-examined, evidence is presented before the Magistrate, and a decision is made as to whether you are guilty or not guilty of the offending.

    If you are not satisfied with the outcome in the Magistrates’ Court, an appeal may be lodged and the matter will then be heard in the County Court. This appeal can be against either the sentence imposed or the finding of guilt.

  • Some offences are so serious that they cannot be finalised in the Magistrates’ Court and are classified as indictable offences.

    While they cannot be finalised in the Magistrates’ Court, they do begin there.

    The first appearance is a filing hearing. At that hearing, dates are set for service of the hand-up brief and a committal mention is listed. A hand-up brief contains the majority of the prosecution evidence, including witness statements, CCTV footage, photographs, expert reports, and transcripts of any record of interview.

    The next stage is a committal mention. At this stage, the Court is advised whether you are pleading guilty or not guilty, and the next step your matter will take is determined.

    If you plead guilty, you will be committed to the County Court or Supreme Court for a plea hearing. If you plead not guilty, the matter will be adjourned to either a contested committal or into a superior court for trial.

  • This depends on whether you are charged with a summary offence, an indictable offence, or an indictable offence triable summarily.

    Summary offences are heard in the Magistrates’ Court and may be heard in your absence. Indictable offences are heard in the County Court or Supreme Court before a judge and jury. Indictable offences triable summarily may be heard in the Magistrates’ Court, but only if you consent to that jurisdiction.

  • Yes, in the Magistrates’ Court, this is at the Magistrate's discretion. There is no automatic entitlement to costs, but in some cases, Victoria Police may be ordered to pay part of your legal costs depending on the circumstances.

    Costs cannot be recovered in the County Court or Supreme Court.

  • An Accredited Specialist is a solicitor who has successfully completed a rigorous accreditation program set by the Law Institute of Victoria. This includes a written examination and further assessments designed to demonstrate a high level of practical and specialist expertise.

    Stary Norton Halphen & Galbally Lawyers have several Accredited Criminal Law Specialists including Children’s Law.

  • Solicitors generally prepare a case, while barristers usually appear in court to argue the case. However, some solicitors also perform advocacy work.

    At Stary Norton Halphen & Galbally, our lawyers are experienced in both case preparation and courtroom advocacy ensuring that you get the best defence.

  • Stary Norton Halphen & Galbally practises exclusively in criminal law and provides advice and representation in all criminal and traffic matters.

    Our lawyers can advise you:

    • Whether to participate in a police interview or exercise your right to silence

    • On the nature of the allegations and the evidence

    • On your options and the likely outcomes in your case

    Our team includes Law Institute of Victoria Accredited Criminal Law Specialists including Children’s Law and experienced advocates who appear regularly in the Magistrates’, County and Supreme Courts.

  • Stary Norton Halphen & Galbally is one of Victoria’s most experienced criminal law firms.

    We provide clear, practical advice and strong representation at all stages of a criminal matter.