What Is A Criminal Matter
This is a matter where a person who is accused of committing a criminal offence, states his case and is either guilty or not guilty of the offence.
If you have received a penalty or infringement notice or a fine and would like to have the matter heard by the Local Court, contact our office and we can appear on your behalf.
These matters are typically heard by a Local Court Magistrate.
Driving Offences – Fines
If you don’t believe that you have broken the law, you can plead not guilty and one of our solicitors can defend the case against you. If you believe there is a good reason why you broke the law, you can plead guilty and your solicitor can ask for a smaller fine, or no fine at all.
Working out whether you have a defence to a driving charge can be very difficult, and you should seek legal advice.
Court Attendance Notice
If you have been served a court attendance notice (CAN) you will have to attend court, as these offences are more serious. If you are found guilty of a more serious offence you may be given a term of imprisonment, so it is important to seek legal advice and representation before you attend court.
Some examples of more serious driving offences include:
- Exceed speed limit by more than 30klm over the limit
- Negligent driving causing death or grievous bodily harm
- Driving under the influence of drugs or alcohol
- Refuse to undergo a breath test
- Driving while suspended or disqualified.
Appeals Against Local Court Decisions
You should get legal advice if you are thinking about lodging an appeal. The solicitors at Aaron Legal can give you advice if you are thinking of lodging a s.4 application, Severity appeal to the District Court or a Conviction appeal in the District Court. There is a time limit for al District Court appeals.
What Is Expected From You In Court
When your matter is called and the judge or magistrate is speaking to you, you should stand up whenever you speak. This will assist the judge or magistrate to identify you.
When addressing judges or magistrates you address them as ‘your honour’.
Things you must NOT do:
- Forget to turn your mobile phone off
- Eat or drink in court
- Interrupt proceedings
- Take photographs
- Make any recordings of the proceedings (this is an offence without the permission of the court)