Five things to ask a criminal lawyer in Melbourne before hiring them
Choosing the right criminal defence lawyer can make a significant difference to how your case progresses and the outcome that is ultimately achieved. If you are facing criminal charges in Victoria, it is important to seek legal advice from a lawyer with relevant experience and a clear understanding of the Victorian criminal justice system.
Below are five important questions you should consider asking before engaging a criminal lawyer.
1. Have You Handled a Case Like This Before?
When facing criminal charges, it is sensible to seek advice from a criminal lawyer in Melbourne who has experience dealing with matters similar to yours. Criminal law encompasses a wide range of offences — from driving matters and drug offences to fraud, assault and other serious indictable charges. Each type of allegation can raise different legal issues, evidentiary questions and strategic considerations.
Experience in cases of a similar nature can assist a lawyer in identifying the issues likely to arise in your matter and the steps that may be taken in response. It can also help them explain the relevant legal process, the potential penalties involved and the options that may be available to you. For that reason, when choosing a criminal defence lawyer, it is entirely appropriate to ask whether they have previously acted in cases involving comparable allegations.
A reputable criminal lawyer should be comfortable discussing their experience openly and explaining how it may be relevant to your case.
Another important consideration is how early legal advice is obtained. Many people first seek legal assistance only after charges have been laid. However, in most circumstances it is beneficial to obtain advice earlier — for example, if police have contacted you about an investigation or asked you to participate in a record of interview.
Early advice from an experienced criminal lawyer in Victoria will help you understand your rights and the investigative process. A lawyer can also advise you about how to approach a police interview, explain the possible consequences of different courses of action, and give consideration and preliminary advice as to the strategy that may be appropriate if charges are ultimately laid.
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law. As a result, we regularly act in a wide range of criminal matters across the Magistrates' Court of Victoria, County Court of Victoria, Supreme Court of Victoria and the Children's Court of Victoria.
This breadth of practice means our lawyers are frequently exposed to a wide range of criminal cases and court processes. In most situations, a member of our team will have experience in matters similar to yours. Where a case raises particularly specialised issues, we can draw on the collective experience of our colleagues within the firm.
2. How Will Engaging You Benefit My Case?
If you are facing criminal charges in Victoria, it is reasonable to ask how engaging a criminal lawyer will assist you in dealing with the allegations. A criminal defence lawyer’s role is not simply to appear in court, but to guide you through what can often be a complex and unfamiliar legal process.
An experienced criminal lawyer will take the time to understand the circumstances of your case and explain the legal issues that arise from the allegations. This includes ensuring that you understand the nature of the charges, the elements the prosecution must prove, and the possible consequences if the charges are proven.
An experienced criminal lawyer in Victoria can assist by:
Explaining the legal process and what to expect at each stage of your case;
Ensuring you understand the charges and the elements the prosecution must prove;
Identifying possible defences or weaknesses in the prosecution's case;
Advising you about whether it may be appropriate to contest the charges or resolve the matter by way of a plea; and
Explaining the potential outcomes if you plead guilty or if the matter proceeds to a contested hearing or trial.
Effective legal representation also involves careful preparation outside the courtroom. This may include reviewing the brief of evidence, identifying evidentiary issues, communicating with the prosecution where appropriate, and preparing the material necessary to properly present your case before the court.
Throughout this process, a criminal lawyer acts on your instructions while providing clear and practical legal advice. Their role is to ensure that you understand your options, that your rights are protected, and that your case is presented as effectively as possible, having regard to the evidence and the applicable law.
Our team of our lawyers practise exclusively in criminal law and regularly advise and represent clients facing criminal charges across the Magistrates' Court of Victoria, County Court of Victoria and Supreme Court of Victoria. Our focus is on providing clear advice, careful preparation and considered advocacy so that clients can navigate the criminal justice process with confidence and a proper understanding of their options.
3. What Can I Do to Help Myself?
Being charged with a criminal offence can be one of the most stressful experiences a person may face. While the legal process can feel uncertain, there are often constructive steps that individuals can take while their matter is before the court.
In appropriate cases, addressing underlying issues that may have contributed to the offending can be beneficial both personally and in the context of the court process. This may include seeking counselling or psychological support, engaging in treatment for substance use issues, or participating in educational or behavioural programs.
Courts in Victoria are generally concerned not only with the offending itself, but also with the broader circumstances of the person before the court. Evidence that a person has taken steps to address relevant issues, demonstrate insight into the offending, or make positive changes in their life is relevant when a court considers an appropriate sentence.
An experienced criminal lawyer can advise you about whether there are steps you can take that may assist in your particular circumstances. This might include obtaining reports from treating professionals, enrolling in appropriate programs, or gathering other material that may help place your situation before the court in its proper context.
It is not uncommon for people facing criminal charges to feel uncertain about what steps they should take. Obtaining early advice from an experienced criminal lawyer can help you understand whether there are constructive steps that may assist in addressing the issues relevant to your case.
We regularly advise clients about practical steps they may consider while their matter is before the court. Where appropriate, we can assist in identifying relevant support services and ensuring that any steps taken are properly documented so they can be placed before the court if required.
Taking proactive steps cannot change what has already occurred, but they can demonstrate a genuine commitment to addressing the issues that led to the charge and moving forward constructively. Evidence of these steps will be relevant when the court determines an appropriate sentence, so it is worthwhile to obtain advice about what steps are appropriate in your particular circumstances.
4. What Kind of Legal Work Will You Do for Me?
When considering whether to engage a criminal lawyer, it is reasonable to ask what work they will undertake on your behalf. While many people associate criminal defence with courtroom advocacy, a significant amount of the work involved in defending a criminal charge occurs outside the courtroom.
One of the first steps a criminal defence lawyer will usually take is to obtain the brief of evidence from the prosecuting authority. In Victoria, this is often prepared by Victoria Police, but prosecutions may also be brought by other agencies such as the Australian Federal Police, WorkSafe, local councils, or regulatory bodies.
A criminal lawyer will then carefully review the material contained in the brief. This may include witness statements, records of interview, CCTV footage, forensic material, photographs and other documentary evidence. Analysing this material allows a lawyer to identify the issues in the case, consider whether the prosecution can prove the charges, and determine whether there may be legal or evidentiary issues that need to be addressed.
Following this review, a criminal lawyer will explain your options and provide advice about how the matter may proceed. This may involve advising whether there are grounds to contest the charges, identifying possible defences, or advising about the implications of resolving the matter by way of a plea.
Where a client decides to plead guilty, preparation may involve gathering material that assists the court in understanding the person’s circumstances. This can include character references, medical or psychological reports, evidence of counselling or treatment, and other material relevant to sentencing.
If the charges are contested, the work involved will include a detailed analysis of the prosecution's case, developing an appropriate defence strategy, preparing for the cross-examination of witnesses, considering whether expert evidence may be required, and identifying legal issues that may arise at the hearing.
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law and regularly prepare and appear in contested hearings and trials across the Magistrates' Court of Victoria, County Court of Victoria and Supreme Court of Victoria. Our approach focuses on careful preparation, clear advice, and considered advocacy, so that each case is handled strategically and in accordance with our clients' instructions.
5. What’s the Difference Between a Criminal Lawyer and a Barrister?
In Victoria, the legal profession is divided into solicitors and barristers, and each performs a different role in the conduct of legal proceedings.
A criminal lawyer (also known as a solicitor) usually works within a law firm and manages a client’s case from beginning to end. This includes advising the client about the charges, reviewing the brief of evidence, preparing the matter for court, and appearing in court where appropriate. In many criminal matters, solicitors also appear as advocates in court, particularly in pleas, summary hearings and other contested proceedings in the Magistrates’ Court. A solicitor is typically the client’s primary point of contact and is responsible for the overall preparation and conduct of the case.
A barrister is an independent lawyer who specialises in courtroom advocacy. Barristers are members of the Victorian Bar and are usually engaged by solicitors to appear in more complex contested hearings, committal proceedings or jury trials. They are commonly briefed to provide specialised advocacy or advice on particular legal issues that arise in a case.
In many criminal matters, solicitors and barristers work together. The solicitor prepares the case, advises the client and instructs the barrister, while the barrister presents the case in court. This allows the client to benefit from both careful case preparation and specialist courtroom advocacy.
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law and regularly appear as advocates in a wide range of criminal matters. In appropriate cases, we conduct contested hearings and other proceedings ourselves. Where a matter would benefit from specialist advocacy, particularly in more complex trials, we also work closely with experienced criminal barristers while continuing to manage the preparation and overall conduct of the case.
This approach allows representation to be tailored to the needs of each client and each case. It enables us to maintain continuity in the preparation of the matter and remain closely involved in the strategic conduct of the case, while ensuring that the client is represented by an advocate with the appropriate experience for the particular proceeding.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.