A Criminal Law Specialist is a lawyer who is accredited as a specialist and recognised as having an enhanced skill level, as well as substantial involvement in established legal specialty areas. The Law Institute of Victoria requires such specialists to demonstrate superior knowledge, experience and proficiency in a particular area of law to ensure that recognition as an accredited specialist is meaningful and reliable.

As a Criminal Law Specialist since 1997, Tony Danos has expert knowledge and extensive experience in all areas of Criminal Law and, as a Criminal Law Specialist, Tony can help you achieve the very best possible outcome.

An Accredited Criminal Law Specialist must satisfy the following requirements as per the Law Institute of Victoria including:

• The performance standard benchmark for competent practice in Criminal Law which forms the basis for the Accreditation.
• The core areas of mandatory knowledge including Criminal Law Procedures, Protocol, Evidence, Research, Presentation Skills and Argument Skills.
• Assessment Criteria including a mock hearing in which applicants are required to undertake and be tested to demonstrate their advocacy ability.

Tony Danos Lawyers represent clients charged with all Criminal Offences in all courts. Most clients appear in the Magistrates Court, however, Tony Danos Lawyers also handle cases in the County and Supreme Courts.

In general you have the right to silence, however, if the arrest concerns a motor vehicle or you have witnessed a serious crime you are required to give your name, address and particulars of the incident to the police.

Remember, when in doubt do not say or sign anything until you have spoken to Tony Danos Lawyers.

Always remember the caution "anything you say or do can and will be used in evidence against you". The police will always try to have you give your version of events and to get you to make a statement.

Even if you are innocent, the statement you make is almost always used against you, even when you have done nothing wrong!

A member of the police force can arrest you if:  

• A written authority (warrant) for your arrest has been issued by a court and if;  
• The officer has a reasonable suspicion that you are about to (or in the process of) or have recently committed a crime (even if you are innocent);

A private citizen can arrest you if:  

• A private citizen can arrest you or make a (citizens arrest) where you have committed or are about to commit a crime.

When you enter into a bail agreement you are making a promise that you will appear in court on a specified date and time. Bail agreements may specify a monetary amount, which you only have to pay if you breach your bail.

A cash bail is one where you are required to pay the sum up front when entering the bail agreement. You get the money back (provided you don’t breach your bail) when the case is finished. A bail agreement can also specify certain conditions of bail, for example you may have to reside at a particular address, or obey a curfew, or be under supervision of a probation officer.

If you fail to attend court when you are required, or if you breach any other condition of your bail, a warrant for your arrest can be issued, and you may also have to pay the amount of your bail (or in the case of a cash bail, you may forfeit the amount you have already paid).

A bail agreement can also require one or more sureties. When someone acts as guarantor for you they are making a promise that you will appear in court at every required hearing and will obey all the conditions of your bail agreement. As with bail, a monetary amount is usually attached to the guarantee. If you breach your bail agreement, your guarantor may have to pay the amount of the guarantee (or in the case of a cash guarantee, the guarantor won’t get back the money they were required to pay up front).

A bail agreement lasts until your matter is finalised or until a court orders it to end or change. You can apply to the court to vary the conditions of your bail if you have good reasons for doing so. In particular, if your bail has a condition about where you live, if you have to change address you should apply to change your bail before moving.

The Magistrates Court can hear, determine and sentence on charges for offences which are defined as summary offences or minor indictable offences. The definitions are contained in the Criminal Procedure Act 2009.

While the definitions are complicated, these are generally offences which carry a maximum of two years imprisonment. For serious offences where the penalty can exceed two years imprisonment, the Magistrates Court conducts a preliminary examination to determine if there is enough evidence to put the defendant on trial in a higher court.

This preliminary examination is called a committal hearing. If the magistrate determines that there is enough evidence to sustain the charge, the defendant is committed to stand trial in either the County Court or the Supreme Court, depending on the seriousness of the charge.

In general you have the right to silence however if the arrest concerns a motor vehicle or you have witnessed a serious crime you are required to give your name, address and particulars of the incident to the police.

• The police may want to question you in what is known as an Electronic Record of Interview of a Suspected Person or ERISP.
• It is not advisable to speak with the police until you have spoken with Tony Danos Lawyers.
• You have the right to silence, that is you do not have to and can refuse to say anything.
• Providing false information can be used against you.
• You have the right to have a Tony Danos Lawyer present while you are being questioned.
• Do not sign any document other than a bail form.

No. If the police believe you have information about a crime, they may ask you to attend a police interview; but you do not have to attend. Only if you have been arrested can you be forced to attend.

Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence.

Yes Police have the right to search you without a warrant. This is immediately after arresting you.

If you have not been arrested Police do not have the right to search you without a warrant unless you consent.

If in doubt, Tony Danos Lawyers do not recommend that you consent to a search prior to any arrest.

A drink driving offence could mean the loss of your licence, the loss of your job and even the loss of your freedom.

Tony Danos Lawyers can provide expert legal advice on drink driving offences such as:

• Dangerous driving while intoxicated
• Attempting to drive a vehicle while intoxicated
• Accompany a learner driver while intoxicated
• Random Breath Tests and police breath analysis
• License suspension
• Arrest, court and bail matters

Issues about blood alcohol level analysis and time of intoxication are delicate areas impacting driving offences. It is highly advisable to seek legal advice from Tony Danos Lawyers before making any statement to police and/or after you have been charged. This is vital in cases involving death, grievous bodily harm and imprisonment.

If you plead guilty, and you have already had legal advice, your matter can usually be finalised there and then. You may be convicted, or the magistrate may find the charge proved without recording a conviction.

With or without a conviction, a penalty is usually imposed. The penalty may be a fine, good behaviour bond, community service order and/or (for driving-related offences) disqualification of your driver’s licence. For some more serious driving offences e.g. drink driving, a licence disqualification of some duration must be imposed.

Usually you will also be ordered to pay court costs (which vary depending on whether there is one offence, or two or more offences on the same charge sheet), a Criminal Injuries Compensation levy, and prosecution costs (the amount varies depending on the circumstances). The court can also order that you pay compensation if, for example, you are charged with damaging someone’s property.

For very serious offences which may incur a penalty of imprisonment, it is unlikely that your matter will be dealt with on the first occasion or without legal representation.

If your matter cannot be finalised on the first occasion, your case will put off to another date. This is called an adjournment. If you are on bail, it is called being remanded to another date.

Remand or adjournment, it is important that you know and remember the next date you have to appear. Usually the court orderly will give you a note with the next date on it. If that doesn’t happen you should ask the orderly for a written note of the date.

If you are pleading not guilty, your case may be set down for a pre-trial conference (PTC).

What is a pre-trial conference PTC?

The Magistrates Court Rules require parties to proceedings to be ready to proceed to trial by the date of the hearing at which a trial date is set. Once a trial date has been fixed it will not be postponed unless there are very good reasons.

Why has your matter been listed for a PTC?

To make sure that parties have complied with this rule and are ready for a trial date to be set, you are required to attend a PTC to find out:

• Can the matter be sorted out without a trial; and
• Sort out what evidence will need to be given, whether some of the evidence can be agreed and other matters to make the progress of the trial easier; and
• If a trial is needed, find out how long the trial will take and set a date that is convenient to the parties and witnesses.

How long will the PTC take?

A PTC will usually take between 5 and 20 minutes.

What am I required to do or bring?

• Prior to the PTC you should make contact with the prosecution unit to discuss the issues fully and frankly.  Their contact details should be on the court documents that were given to you.
• Examples of the sort of thing that should be discussed with the prosecution before the PTC date so that the prosecution can consider it before the PTC:
• any evidence of alibi (you could not have committed the offence because you were somewhere else at the time);
• any documents which may assist your defence;
• tell them your version of the events, including what witnesses you have and what you think that they will say

The Magistrate will need the co-operation of both parties to attempt to resolve your matter.

You must attend the PTC. If you do not attend either personally or by a solicitor/lawyer you may be found guilty and a penalty imposed in your absence. If you are on Bail you must attend or a warrant may be issued for your arrest. Your witnesses do not need to come to the PTC.

The purpose of a pre-trial conference is to:

• find out what facts or legal issues are in dispute;
• fully explore the possibility of dealing with the charge other than by way of trial;
• enable the length of the trial to be estimated as accurately as possible;
• decide if any evidence can be proved by affidavit (i.e, by using sworn written statements of witnesses as opposed to oral evidence given in court), and
• if a trial cannot be avoided, ensure that it ultimately runs as smoothly as possible.

If your case cannot be settled by the pre-trial conference or by subsequent negotiations with the prosecution, it will be set down for trial.

It is highly advisable to go to trial with legal representation.

Tony Danos Lawyers have extensive experience in traffic offences, ensuring you get the right legal advice and the help you need when you need it most.

Tony Danos Lawyers can advise you on alleged traffic offences such as:

• Demerit points
• Driving in a manner dangerous
• Driving on a suspended or disqualified licence                   
• Driving unlicensed
• Habitual offenders
• License appeals against RTA suspension
• Seat belt and helmet infringement
• Speeding

Traffic offences, especially in circumstances of excessive speeding and loss of licences, can be difficult to defend, however, Tony Danos Lawyers know how to deal effectively with prosecutors and court offering the highest quality legal defence, with extensive courtroom experience, providing you the very best defence possible for all alleged traffic offences and charges.