Frequently Asked Questions

Getting Started

What should I do if I've been charged with a criminal offence?

Get legal advice as soon as possible. The earlier you speak to a lawyer, the better positioned you will be to deal with the charge. We offer a free first appointment where we can explain the process, your options, and what to expect. Even if your court date is weeks away, early advice helps. Get in touch to book a free appointment.


Do I need a lawyer if I'm pleading guilty?

Yes. Even if you intend to plead guilty, a lawyer can make sure the court hears the full context of your situation. A well-prepared plea can often achieve a significantly better outcome than representing yourself, including the possibility of avoiding a conviction altogether. We regularly represent clients on guilty pleas in both the Magistrates Court and the Supreme Court.


What happens at the first appointment?

Your first appointment is free and usually takes about 30 minutes. We will ask you about the charges, listen to your side of things, and give you straightforward advice about your options. We will also explain the likely costs if you decide to engage us and whether you might be eligible for Legal Aid. Book an appointment to get started.


How much does a criminal lawyer cost?

It depends on the complexity of the matter. Your first appointment with us is free of charge, and we will give you a clear idea of likely costs at that meeting. We offer fixed fees for some matters and charge on an hourly basis for others. We also take on Legal Aid cases and can apply for funding on your behalf if you are eligible.


Am I eligible for Legal Aid?

It depends on the type of charge and your financial circumstances. Legal Aid Tasmania funds representation for many criminal matters, particularly more serious charges. We regularly act on Legal Aid grants and can assess your eligibility and apply on your behalf at no cost to you.


Can you help me if I'm not in Launceston?

Yes. While our office is in Launceston, we regularly appear in courts across Tasmania including Hobart, Devonport and Burnie, and regional courts. We can arrange appointments by phone or video if travelling to our office is not practical. Distance is not a barrier to getting proper legal representation.

Police and Investigations

Should I talk to the police if they want to interview me?

You should speak to a lawyer before attending any police interview. What you say in an interview can have a significant impact on your case, and you have the right to get legal advice first. We regularly advise clients before interviews at police stations across northern Tasmania. Getting advice beforehand can make a real difference to the outcome.


Can the police search my house without a warrant?

Generally, no. Police usually need a search warrant to search your home. However, there are exceptions, including where you give consent, where police have the power of arrest or in certain urgent circumstances. If police have searched your property, get legal advice about whether the search was lawful.


What are my rights if I'm arrested?

You have the right to remain silent, the right to contact a lawyer, and the right to apply for bail. You do not have to answer police questions beyond giving your name and address. If you are arrested, ask to speak to a lawyer before saying anything else. We can advise you and, if needed, make a bail application on your behalf.

Court Process

What happens at my first court appearance?

Your first appearance is usually brief. The court will confirm the charges against you and ask whether you want to plead guilty or not guilty. In most cases, the matter is adjourned to give you time to get legal advice and prepare. You do not usually need to say anything beyond confirming your name. Having a lawyer there helps. Get in touch to arrange representation.


What is the difference between the Magistrates Court and the Supreme Court?

The Magistrates Court deals with less serious criminal charges and is presided over by a magistrate sitting alone. The Supreme Court handles the most serious offences such as murder, serious sexual offences, and major drug trafficking. Supreme Court trials are heard before a judge and jury. The penalties available in the Supreme Court are significantly higher.


How long does a criminal case take?

It varies. A straightforward guilty plea in the Magistrates Court can be resolved in a few weeks. Contested matters and hearings take longer, often several months. Supreme Court matters typically take more than a year from committal to trial. We will give you a realistic timeframe once we understand the details of your case.


What happens if I plead not guilty?

If you plead not guilty, the prosecution must prove the charge beyond reasonable doubt. The matter will be set down for a hearing or trial. We will review the evidence, advise you on the strength of the case, and prepare your defence. You have every right to contest a charge, and we will guide you through the process.


What is a jury trial like?

A jury trial takes place in the Supreme Court before a judge and twelve jurors. The prosecution presents its case first, then the defence. Witnesses are called and cross-examined. After both sides have finished, the judge directs the jury on the law, and the jury deliberates in private. We handle serious matters including murder and manslaughter and sexual offences.

Bail

Can I get bail if I've been charged with a family violence offence?

It is possible, but there is a presumption against bail for family violence offences in Tasmania. You will need to show the court that releasing you would not pose an unacceptable risk to the safety of the affected person. Having a lawyer prepare your bail application significantly improves your chances. We handle bail applications across Tasmania at short notice.


What conditions can be put on bail?

Common bail conditions include reporting to police, not contacting certain people, living at a specified address, obeying a curfew, surrendering your passport, or providing a surety. The conditions depend on the nature of the charge and any risk factors. We can negotiate appropriate conditions as part of your bail application.


What happens if I breach my bail conditions?

Breaching bail conditions is a separate offence and can result in your arrest. You will be brought before a court, which may revoke your bail and remand you in custody. Even minor breaches are taken seriously. If you have been charged with breaching bail, get legal advice immediately so we can help you respond.

Sentencing and Outcomes

Will I get a criminal record?

If you are convicted of a criminal offence, yes. A conviction will appear on your criminal record and can affect employment, travel, and other aspects of your life. However, it is sometimes possible to avoid a conviction even when pleading guilty, depending on the offence and the circumstances. Getting legal advice early gives you the best chance.


Can I avoid a conviction?

Sometimes. Tasmania has provisions that allow a court to find an offence proved without recording a conviction, such as under section 7(f) of the Sentencing Act. Whether this is available depends on the offence, your history, and how the matter is presented to the court. A well-prepared submission from a lawyer makes a real difference. Get in touch to discuss your options.


What is a suspended sentence?

A suspended sentence is a term of imprisonment that you do not serve unless you commit another offence during the suspension period or otherwise breach the terms of the suspended sentence. It is still a sentence of imprisonment, but you remain in the community. If you reoffend during the suspension period, you may be required to serve some or all of the original sentence.


What is a community corrections order?

A community corrections order requires you to perform a set number of hours of unpaid work in the community or be supervised by Community Corrections. You must complete the hours within a specified timeframe. Failing to comply can result in being brought back before the court for re-sentencing.

Driving Offences

Can I get a restricted licence after a drink driving charge?

Often, yes. Many people disqualified for drink driving are eligible to apply for a restricted licence, which allows limited driving for work or essential purposes. However, eligibility depends on the specific offence and your driving history. Some circumstances, such as a reading over .15% or a recent prior disqualification, will make you ineligible. We can advise you on your options.


Will I lose my licence for drug driving?

Yes. A drug driving conviction carries a mandatory period of licence disqualification in Tasmania. The length of disqualification depends on the substance detected and whether you have prior offences. In some cases, you may be eligible to apply for a restricted licence after a period of disqualification. We can advise you on likely penalties and your options.


What happens if I'm caught driving while disqualified?

Driving while disqualified is a serious vehicle offence that carries a real risk of imprisonment, along with further disqualification and substantial fines. The court treats these matters seriously because you are driving in defiance of a court order. If you have been charged, get legal advice urgently so we can help you prepare for court.

If your question is not answered here, please get in touch to book a free appointment and discuss your situation.

Get in touch

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