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Criminal Lawyers
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Types of Police or Criminal Law Cases
When you find yourself looking for a Criminal Lawyer, you want someone with experience both at the Magistrates' Court (including Committal proceedings) and at trial before judge and jury in the County and Supreme Courts.
Publicity Management
Some cases are of interest to the media, newspapers, and radio. However, a person charged will often want to minimise or stop any reporting of their case in the media. Paul has experience in dealing with this issue from a high profile case, and can arrange a strategy that will make sure your reputation, family and career are protected to the maximum possible extent.
Representation at Court?
We have worked with Australia’s top QC’s and a broad range of highly skilled barristers. Barristers range widely in experience, suitability to your case, and price. You will find information on barristers generally, and in particular, barristers who we will engage on your behalf at www.vicbar.com.au.
Types of Court Hearings
There are several types of hearings in the course of a criminal court case:
Filing Hearing
The first court hearing in a case where a person is charged with indictable
offences which must go to trial in a higher court. It is usually a very
short hearing where the prosecution advise when the brief of evidence will
be served on the defendant or their lawyer.
Committal Mention
The defendant must state whether they will plead guilty or not guilty at
this hearing. He or she must also state which witnesses they wish to
call at the committal hearing for cross examination, and in broad terms
the type of questions the witness will be asked.
Committal Hearing
Prosecution witnesses are called to tender their statements and are cross
examined to test the strength of witness evidence and the prosecution
case. If the Magistrate considers that there is sufficient evidence,
the case is sent for trial before a Judge and jury in the County or Supreme Court after the committal
hearing.
Plea Hearing
After a defendant has decided to plead guilty to a charge or charges, a
Judge or Magistrate hears a summary of the offence together with a
plea from the defendant’s lawyer. In the plea the lawyer argues
why the lightest sentence should be imposed, referring to a person’s
positive contribution in the community, hard work, good family background,
psychologist’s report etc.
Mention
This is a date when a case can only proceed if the defendant pleads guilty.
If he or she wishes to challenge any of the charges or allegations,
they should transfer the case to a later date (‘adjourn’ the
case) for a contest mention.
Contest Mention
This is an interim hearing or negotiation hearing. Witnesses do not attend
court at this hearing. The police officer who laid the charge (‘informant’),
a police prosecutor representing the informant, the defendant and their
lawyer need to attend this hearing. If the defendant is prepared to
plead guilty to any of the charges, or the police are prepared to withdraw
some or all of the charges, the case can be finalized on this date.
If the case cannot be resolved into a plea hearing, it is adjourned
off for a contested hearing. The witnesses required for that final
hearing are discussed, and how long that hearing will take.
Contested Hearing
This is a final hearing in a Magistrate's Court case when all witnesses
attend and give their evidence. Those witnesses are cross examined
by the defendant or his or her lawyer. At the end of the hearing, the
Magistrate decides whether they are satisfied of the defendant’s
guilt ‘beyond reasonable doubt’.
Paul Horvath is an accredited Criminal Law Specialist, a qualification he obtained in 1996. He has practised in Criminal Law since 1991, more than fifteen years. Paul also represents clients in defending prosecutions by local Councils, the Victorian WorkCover Authority, including Prosecutions under the Occupational Health and Safety Act (Vic) 1985, and or other Prosecution matters.
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