If you have been charged with a criminal or traffic offence then the team at Lynn & Brown Lawyers can help you to understand your rights in order to achieve the best possible outcome.
Lynn & Brown Lawyers have a wide range of experience practising in the following areas of law:
- Burglary / Theft / Vandalism
- Robbery / Shoplifting
- Perjury /Fraud / Forgery
- Domestic violence / Stalking
- Threatening to kill
- Probation violation
- Breaches of Violence Restraining Orders
- Disturbing the peace /Disorderly conduct
- Destruction of property
- Drug offences
- Bail applications
- Pleas of guilty
- Not guilty pleas
- Legal assistance whilst in custody (gaol)
- Centrelink fraud
- All Magistrates Court matters
- District and Supreme court serious offences
- Assault / grievous bodily harm (GBH)
- Drink Driving offences
- Drug Driving offences
- Dangerous Driving
- Extraordinary Drivers Licences (EDLs)
- Hoon Laws
- Removals of permanent disqualifications from holding or obtaining a drivers licence
- Loss of points
THE THREE KEY AREAS TO CRIMINAL LAW
If you have been served with a prosecution notice and statement of material facts or arrested, then it means you have been charged with a criminal offence. For serious offences such a charge can result in a prison sentence and a criminal record. We can defend you at trial or work to minimise any punishment that will be ordered by the court.
Traffic law is the law that governs our use of public roads. We are able to provide advice and representation if you have been charged with a Road Traffic Act offence. Minor traffic offences can often result in a fine, but more serious offences can result in a prison sentence.
There is no requirement that you have to have a lawyer to go to court. However courts are very formal places and there are a number of rules and procedures that must be followed. Even if you do wish to represent yourself, you should still seek legal advice beforehand in order to understand the complexities of your case and ensure you obtain the best possible outcome. Our lawyers have years of experience in court rooms. That experience will help you obtain the best possible outcome for your matter.
RISKS (TO BE AWARE OF)
What are the repercussions if you get a criminal conviction?
Having a criminal record can have serious consequences for you. Significantly a criminal record can affect your employment prospects and your ability to travel overseas.
What does it mean if you don’t get legal representation?
Without legal representation you are in danger of going to jail with the Court often having the discretion to impose a custodial sentence. All criminal convictions go on your criminal record, but you may be able to apply for a spent conviction order that generally means that you do not have to acknowledge that you were charged and convicted of an offence, and it is not recorded on your criminal record.
FREQUENTLY ASKED QUESTIONS – CRIMINAL & TRAFFIC LAW
What does it mean if you don’t get legal representation?
Without legal representation you are in danger of going to gaol with the Court often having the discretion to impose a custodial sentence. All criminal convictions go on your criminal record, but you may be able to apply for a spent conviction order that generally means that you do not have to acknowledge that you were charged and convicted of an offence, and it is not recorded on your criminal record.
What should you do if you want to plead guilty?
If you accept what you are being charged with and do not want to defend your case you can plead guilty and we can prepare a plea in mitigation on your behalf. A plea in mitigation is where we advise the court of various factors (known as antecedents) to try to reduce your penalty. A good plea in mitigation can have a significant effect on your level of penalty. By pleading guilty at the earliest opportunity you will often receive a discount from the Court in terms of sentence. However, if the charge is serious, you may still face the prospect of a prison sentence.
In some circumstances it may be appropriate to negotiate with the prosecution to have the charges downgraded, so that you plead guilty to a lesser charge that does not involve a prison sentence.
What is a Barrister and how is a Barrister different from a Solicitor?
You instruct a solicitor but in cases where a more senior opinion or representation is required or desirable your solicitor provides instructions to a barrister. We brief barristers who specialise in criminal law who we can seek advice from, if we believe that their specific expertise would assist your case.
What happens if you can’t afford a Lawyer?
You can apply for legal aid to assist in paying your legal bills. You can also utilise the Duty Lawyer service if you appear at Court without representation. In certain circumstances we will undertake to accept grants of legal aid to assist you.
What is a Violence Restraining Order (VRO) and how can I apply for one?
A VRO is a Court order which tells the person bound by the order to stay away from the person protected by the order and/or to stop behaving in certain ways towards the person protected by the order.
We can advise you and assist you in making an application for a VRO.
We can also advise you as to your prospects of defending a VRO application which has been made against you (for example when you have been served with an “Interim VRO”). We have experience in attending VRO hearings and resolving these cases through undertakings without the matter necessarily proceeding to a hearing, which can be both time consuming and expensive.
What is the cost of a Criminal lawyer?
Every case is different and we cannot provide you with a cost estimate until you come in and meet with us and provide us with all the relevant documentation (documents received from the police and the Court). At our first consultation with you we will provide you with an initial estimate of costs and advise you as to the work we will undertake for you.
HOW CAN WE HELP YOU?
- We will help you to obtain a clearer understanding of the charges and how they could affect you
- We will offer you advice on your best options and how to plead
- If you want to plead guilty we can assist in achieving the minimal sentence possible
- If this is your first offence we will assist you with the complexities of the court system here in WA