Fourtree Lawyers

Can an AVO be withdrawn or cancelled if I change my mind?

An AVO is an order from the court. AVO's are frequently taken out by the police to protect a person who is the victim of a crime. If the protected person changes their mind about the AVO it will still remain in place as the police are frequently the applicant especially in matters of domestic violence.

Can you reverse a plea of guilty?

An accused person may, at any time after conviction or an order has been made against the accused person; before the summary proceedings are finally disposed of; apply to the court to change their plea from guilty to not guilty. If you are considering reversing a plea of guilty you will need to obtain legal advice from an experienced criminal lawyer before reaching your decision.

I have been charged with a criminal offence. Do I need a lawyer?

Consequences of being charged with a criminal offence can be very serious. For example, if you are employed in the public service or a government body & you are charged with a serious offence & convicted there may be ramifications in terms of your employment. It may also affect your ability to travel overseas & obtain visas to enter certain countries. A criminal lawyer will be able to advise you on the strength of the police case against you & provide advice as to the best course of action.

What is a section 10?

If you are guilty of a criminal offence there are a number of penalties. You may receive a lifelong criminal record or be disqualified from driving for a traffic offence. A criminal conviction can impact your future employment prospects & your ability to travel overseas or obtain visas. In some cases it may be possible to avoid this by asking the magistrate for a section 10. A section 10 means avoiding having a criminal conviction recorded against you. We provide advice on section 10 for you.

I have been charged with assault but I was acting in self-defence. What can I do?

If you have been charged with assault you can raise self-defence if the alleged assault happened while you were trying to protect yourself, another person or your property. The actions taken to defend yourself must be reasonable & not disproportionate to the danger which you faced. Where self-defence is raised the prosecution must prove beyond reasonable doubt that you did not act in self-defence according to the law. If they are unable to do this you must be acquitted, & found 'not guilty'.

My driver's licence has been suspended, what can I do?

If your driver's licence has been suspended you must not drive a vehicle as it is a serious offence under the Road Transport Act 2013. There are many reasons a licence can be suspended and you will need to seek expert legal advice disclosing all of the circumstances which gave rise to the suspension in order to evaluate to best course of action.

Will I lose my licence if I am convicted of drink driving?

It will depend on the level of alcohol in your blood, your breath analysis and/or blood test results and your driving record. Getting proper legal advice in relation to drink driving offences is very important to ensure the best possible outcome.

Do you offer free first consultations & appointments?

Yes, we offer a 20 minute free first consultation, provided you have been accused of a crime and have also been issued with a court attendance notice.

I am not happy with my conviction or penalty. Is there anything I can do?

You may be able to appeal to a higher court however each set of circumstances will need to be closely reviewed prior to this course of action being undertaken. You should be mindful that there are strict time limits for lodging an appeal to go to a higher court.

I have been given a court attendance notice. What are my options if I go to court?

You may elect to plead guilty. If you plead guilty you will generally have to accept the police facts in relation to the alleged offence. You may elect to plead not guilty and in a criminal matter, it will then be necessary for the police to prove you are guilty beyond reasonable doubt.