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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.
I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
When an adult in Victoria is charged with summary offences, the matter is finalised in the Magistrates Court. If the offender pleads guilty, they will proceed to be sentenced. If the person pleads not guilty, the matter will be adjourned for a contested hearing. A contested hearing is when a magistrate hears evidence and submissions from the prosecution and the defence and decides whether the accused has been proven guilty beyond a reasonable doubt or whether the charges should be dismissed.
When a child is charged with summary offences they are dealt with by the Children’s Court. The process for a contested hearing in the Children’s Court is substantially the same as in the Magistrates Court.
Entering a plea
When a person pleads not guilty in a summary matter, they must enter a plea of not guilty. This is how the defendant formally tells the court that they are contesting the charge. A person may plead not guilty because they have a legal defence (for example, they are charged with assault but were acting in self-defence) or because they have a factual defence (such as an alibi).
A person can also make the decision to plead not guilty because they want to “put the prosecution to proof”. This means the prosecution must put all the relevant evidence before the court and establish beyond a reasonable doubt that the accused is guilty. If the prosecution case is not strong, the defendant may choose to put the prosecution to proof even where they do not have a defence and know they will be found guilty if the prosecution can establish all the elements of the offence.
Preparing for contested hearings
Once an accused has entered a plea of not guilty, they or their lawyer will be served with a brief of evidence by the prosecution. A brief of evidence is a copy of all the evidence the prosecution intends to rely on to establish its case at the contested hearing. This may include witness statements, CCTV footage, DNA evidence and police interviews. It is important for the defence to go through the brief of evidence carefully to determine the strength of the prosecution case and the strength of the defence the accused is planning to run.
Once a plea of not guilty has been entered and the brief of evidence has been received, the matter may need to proceed to a contest mention. This is a court mention where the defence and prosecution confirm that they intend to proceed to a contested hearing and let the court know:
- what issues are in dispute;
- how many witnesses they will be calling;
- how many days the contested hearing is likely to take;
- any other practical issues (for example, whether interpreters or video links are required).
At the contest mention, the accused can ask the magistrate for a sentence indication. This is an estimate of the penalty that they would impose if the accused were to plead guilty. If the prosecution has a strong case, it may be advisable for the accused to change their plea at this point. In some cases, the prosecution may be willing to withdraw some charges if the accused pleads guilty to other charges. Alternately, where the prosecution case is weak, the prosecution may agree to withdraw some or all of the charges rather than proceeding with a weak case.
If a matter does not proceed to a contest mention, it will generally go through a case conference. This is a meeting where parties can establish whether there are any issues they can agree on and whether there is any chance of resolving the matter.
If the matter cannot be resolved, the matter will proceed to the contested hearing.
Prior to the contested hearing, the defence must decide:
- which of the prosecution witnesses it will cross-examine;
- whether to call any witnesses;
- whether the accused should give evidence;
- whether any of the prosecution evidence may be inadmissible. If this is the case, the defence should seek pre-trial proceeding known as a voir dire, to determine it admissibility;
- obtain character references to tender to the court if the accused is found guilty.
Appeals against orders made after contested hearings
If a party is unhappy with the outcome of a contested hearing, it may appeal to the County Court. An appeal can be against the verdict, the sentence imposed, or both. Both the defence and the prosecution may appeal against the decision, although prosecution appeals are rare.
An appeal must be initiated within 28 days of the date the decision is handed down.
If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Armstrong Legal.
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