Criminal Law
At Andersons, we have a team of lawyers working in Criminal Law in Adelaide, Port Adelaide, Nuriootpa, Morphett Vale and Murray Bridge. Our Criminal Law team specialises in summary offenses, major and minor indictable offences, road traffic offences, and intervention orders. We are also able to act for you in relation to expiable offences (that is, matters that you receive an expiation/fine from police) and when a youth is charged with an offence.
We understand that no matter what the allegation or charges, criminal and police matters can have a devastating effect on the defendant and their families. Our criminal lawyers take a very understanding yet professional approach to the work we do in this field. It is important to seek timely legal advice – criminal law matters require your urgent attention.
What we can help you with:
It is important to be seek assistance and be represented for criminal matters in the following ways:
• bail applications;
• providing general advice in relation to criminal matters;
• pre-trial hearings;
• negotiations with prosecution in relation to downgrading the charge;
• negotiating with prosecution about the withdrawal of the charge;
• negotiating with prosecution an agreed factual basis; this is relevant when you do not agree with what prosecution are alleging happened;
• negotiating with prosecution an agreed penalty;
• representation for guilty plea submissions in mitigation of penalty (that is, explaining to the court the circumstances of the offending and your own personal circumstances in an attempt to receive a lesser penalty); and
• trials.
Summary Offences
If you are charged with a summary offence you will appear before a Magistrate in a Magistrates Court. It is a Magistrate who decides if you are guilty of an offence and what penalty should be imposed.
Summary offences encompass a wide range of matters including:
• Street offences: disorderly behaviour, cease to loiter, marking graffiti and carrying an offensive weapon
• Offences against the person: assault, assaulting a police officer, breaching an intervention order
• Offences against property: property damage, trespass, unlawful possession, theft
• Drug offences: possession of a controlled drug for personal use, possession of prescribed equipment and cultivating cannabis
Minor Indictable Offences:
If you are charged with a minor indictable offence, you will initially appear before a Magistrate in a Magistrates Court.
Minor indictable offences encompass a wide range of matters including:
• Street offences: gross indecency and interference with a motor vehicle
• Offences against the person: aggravated assault (e.g., with a weapon or against a spouse of child), causing harm, indecent assault and stalking
• Offences against property: theft and receiving (over $2,500 but under $30,000), serious criminal trespass
• Drug offences: possession of a controlled precursor or prescribed equipment with the intent to manufacture, possession of a prescribed quantity of precursor or prescribed equipment.
Major Indictable Offences:
If you are charged with a major indictable offence, you will initially appear before a Magistrate in a Magistrates Court for what is called the Committal Process. A solicitor from the State or Commonwealth Director of Public Prosecutions (DPP) will have conduct of major indictable offences. Committal is a decision by the Magistrate that the Director of Public Prosecutions has filed sufficient evidence with the Court to justify a trial in a superior court.
Major indictable offences are our most serious category of offences and the maximum penalty that can be imposed for a major indictable matter is life imprisonment.
Major indictable matters encompass a wide range of matters including:
• Offences against the person: murder, rape and sexual offences against children
• Offences against property: theft and receiving (over $30,000), aggravated serious criminal trespass (e.g., in place of residence or in company with another person) and aggravated robbery (e.g., with a weapon or in company with another person).
• Drug offences: manufacture of a controlled substance, traffic of a controlled substance and importing a controlled substance.
Road Traffic Offences:
Road traffic offences are offences that are expiated (that is, when you receive a fine) by police such as driving whilst using your mobile phone, driving without a seatbelt and speeding. These matters will generally not go before a court unless you elect to be prosecuted.
There may be many different reasons why you elect to be prosecuted. For example, you may dispute the allegations or you may wish to reduce your demerit points in an attempt to keep your licence.
There are serious traffic offences including driving whilst disqualified, reckless or dangerous driving, and causing death by dangerous driving. All of these offences have a maximum penalty of imprisonment and licence disqualification.
Drink driving Offences:
Drink driving offences fall into two categories of driving with the prescribed concentration of alcohol (PCA); and driving under the influence (DUI).
The difference between the two depends on the alcohol reading and the standard of driving. Whilst there is mandatory sentencing, there is a range of penalties available to a Magistrate. If getting the minimum disqualification period is important to you then seeking legal advice and being represented by a lawyer is highly recommended.
Intervention Orders:
An intervention order (formerly referred to as a restraining order) is a court order to prohibit a person from committing an act of abuse on a protected person.
An act of abuse may include physical, sexual, emotional, psychological or economic abuse, where the act is intended to or results in:
• Physical injury; or
• Emotional or psychological harm; or
• An unreasonable and non-consensual denial of financial, social or personal autonomy; or
• Damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.
Find out more about intervention orders here.
Our Criminal Lawyers specialises in summary offenses, major and minor indictable offences, road traffic offences and intervention orders.
