Criminal Law
Criminal lawyer in Melbourne
Being charged with a criminal offence can affect your freedom, employment, reputation, family relationships and future opportunities. It can also be difficult to know what to do next, particularly if you have never dealt with police or the courts before.
Hitchens Legal provides clear advice and representation for a range of criminal matters in the Magistrates’ Court of Victoria. Rachael Hitchens draws on 15 years of experience as a police prosecutor, giving her valuable insight into how police prepare charges, how prosecutors assess evidence and how criminal cases progress through court. If you have been contacted by police, released on bail or ordered to attend court, early legal advice can help you understand your position and make informed decisions.
Have you been charged or contacted by police?
You do not need to wait until your first court date to speak with a criminal lawyer. In many cases, obtaining advice early can help you avoid mistakes and prepare properly for what comes next.
What you say to police may later form part of the evidence against you. Before answering detailed questions, making a statement or participating in a recorded interview, it is important to understand your rights and the possible consequences.
Hitchens Legal can assist if you:
- Have been asked to participate in a police interview
- Have been arrested or charged
- Have received a summons or notice to appear
- Have been released on bail
- Have been refused bail and remain in custody
- Need to decide whether to plead guilty or not guilty
- Are required to appear in the Magistrates’ Court
How Hitchens Legal can help
Every criminal matter is different. The right approach will depend on the charges, the evidence, your version of events and the possible outcomes. The aim is to give you a realistic understanding of your matter and a clear plan for moving forward.
Rachael can review the allegations, explain the legal process in straightforward language and help you understand the options available. This may involve assessing the police brief, identifying weaknesses or inconsistencies in the evidence and communicating with prosecutors on your behalf.
We can help with:
- Advice about whether to plead guilty or not guilty
- Negotiations to withdraw, amend or reduce charges where appropriate
- Preparation for plea hearings and contested matters
- Bail applications and applications to vary bail
- Preparing supporting documents and character references
- Presenting your personal circumstances to the court
- Representation at the Magistrates’ Court
Criminal offences we assist with
Family Violence-Related Offences
Family violence allegations can result in criminal charges, intervention order proceedings, bail conditions and related family law issues. These matters often involve several legal processes happening at the same time, which can make them particularly stressful and difficult to navigate.
Hitchens Legal assists with family violence-related offences including:
- Contravention of a family violence intervention order
- Contravention of a family violence safety notice
- Assault-related family violence charges
- Stalking, threats or harassment
- Criminal damage and property damage
- Breaches of bail
- Breaches of other court orders arising from a family violence matter
A breach may still be alleged even where the protected person initiated contact or agreed to communication. It is therefore important to understand the exact terms of any intervention order, safety notice or bail condition. Hitchens Legal can also advise on how the criminal proceedings may affect parenting arrangements, separation and other family law matters.
Bail Applications and Bail-Related Matters
Bail allows an accused person to remain in the community while their charges are dealt with by the court. It usually requires the person to attend future court dates and comply with specific conditions. When police refuse bail, the person may be brought before a magistrate for a bail application. These matters can be urgent, particularly where someone is being held in custody.
Preparation may include gathering information about accommodation, employment, treatment, family support and other matters relevant to the application.
Hitchens Legal can help you with:
- Police informant bail applications
- Bail and remand hearings
- Applications to vary existing bail
- Alleged breaches of bail
- Failing to answer bail
- Failing to appear at court
- Contravention of bail conduct conditions
Assault and Violence Offences
Assault and violence charges can arise from incidents involving physical contact, alleged injury, threats or confrontations between individuals. Some matters involve no visible injury, while others carry the possibility of serious penalties. Charges may include:
- Unlawful assault
- Common assault
- Intentionally causing injury
- Recklessly causing injury
- Recklessly causing serious injury
- Threats to kill
- Threats to inflict serious injury
Several charges may arise from one incident. Rachael can assess how those charges relate to each other, review the available evidence and advise whether any allegations should be challenged, amended or negotiated.
Public Order Offences
Public order offences commonly arise from incidents in streets, licensed venues, public transport areas or other public places. They may also involve allegations about a person’s behaviour towards police.
Hitchens Legal can assist with charges such as:
- Drunk and disorderly behaviour
- Offensive behaviour
- Disorderly conduct
- Loitering
- Failing to move on when directed
- Resisting police
- Hindering police
The circumstances surrounding the incident, including witness accounts, body-worn camera footage and police conduct, may be important when assessing these charges.
Property Offences
Property offences can involve allegations of taking, damaging, entering or dishonestly obtaining property. Even where the value involved is relatively low, a finding of guilt may affect employment, professional registration, travel and future opportunities. Matters may include:
- Theft
- Shop theft
- Criminal damage
- Wilful damage
- Burglary
- Handling stolen goods
- Obtaining property by deception
The options available will depend on the evidence, the seriousness of the allegations, the value of the property and whether the accused person has a prior history. Some lower-level matters may be suitable for diversion, although this will depend on the circumstances and the position taken by the prosecution.
Driving and Traffic Offences
Driving charges can affect your licence, employment and ability to manage everyday responsibilities. Depending on the offence, possible outcomes may include fines, licence suspension, licence cancellation or imprisonment. Before electing to take a traffic infringement to court, it is important to understand the possible risks and outcomes. Court proceedings may result in a higher penalty than the original infringement.
Hitchens Legal provides legal services with matters including:
- Drink driving
- Drug driving
- Unlicensed driving
- Driving while suspended or disqualified
- Dangerous driving
- Careless driving
- Speeding offences
- Failing to stop
- Failing to provide details
Weapons Offences
Victorian law regulates the possession, carrying and use of controlled weapons, prohibited weapons, firearms and other regulated items. Weapons charges may arise after an item is found during a police search, carried in public, kept in a vehicle or stored at a home. The circumstances matter. The type of item, where it was found, how it was being used and whether there was a lawful excuse may all affect the defence or outcome.
Hitchens Legal can assist with:
- Possessing a controlled weapon
- Possessing a prohibited weapon
- Certain firearm possession offences
- Offences involving imitation firearms
- Possessing ammunition
Drug Offences
Drug charges can range from allegations of personal possession or use through to more serious offences involving trafficking or cultivation. The type and quantity of the substance, the location where it was found and the surrounding evidence will be important when assessing the matter. Where appropriate, advice may also cover diversion, treatment options and supporting material that could assist the court.
Our legal team can help you with:
- Possession of a drug of dependence
- Use of a drug of dependence
- Trafficking in non-commercial quantities
- Cultivation offences
- Possession of items allegedly connected with drug offending
- Other related drug charges
Court Order and Administration of Justice Offences
These offences generally involve an alleged failure to comply with bail, a court process, a legal direction or another obligation connected with the justice system.
Matters may include:
- Breach of bail
- Failing to answer bail
- Failing to appear
- Contravention of conduct conditions
- Resisting or hindering police
- Providing false details
- Perverting the course of justice-type offences
These charges can affect an existing criminal case and may also place a person’s bail at risk. It is therefore important to seek advice promptly.
Sexual and Stalking Offences
Allegations involving sexual conduct or stalking require careful, confidential and non-judgemental legal advice. These matters may involve complex evidence, competing accounts and significant personal consequences.
Hitchens Legal can assist with matters involving:
- Stalking
- Sexual assault
- Rape allegations
- Other sexual offences
- Repeated contact, surveillance or harassment
- Related intervention order proceedings
Some offences may be heard and determined in the Magistrates’ Court, while more serious charges may proceed through the committal process and into a higher court. Rachael can explain the likely court pathway, assess the prosecution evidence and advise on the steps required to prepare the matter.
Fines and Infringement-Related Matters
Traffic, parking and other infringement matters may sometimes be reviewed, enforced or taken to court.
This includes:
- Court-election matters
- Traffic infringement proceedings
- Parking infringement matters
- Enforcement applications
- Review applications
- Outstanding infringement matters
- Magistrates’ Court appearances
These processes may involve strict time limits and eligibility requirements. Before applying for a review or electing to go to court, it is important to understand the possible consequences. Contact Hitchens Legal for advice on what you need to do next.
CLEAR LEGAL STEPS
Understanding the Criminal Court Process
Every Criminal law matter is different, but most follow a similar pathway.
Initial Advice
The first step is to review the charges, court documents and your account of what happened. Rachael will explain the allegations and discuss the immediate steps you need to take.
Guilty Plea or Contested Matter
After receiving advice, you will need to decide whether to plead guilty or not guilty. A guilty plea may involve preparing references, reports and other material to support the best possible sentencing outcome. A not guilty plea will generally lead to further court hearings and preparation for a contested hearing.
Evidence and Negotiation
The police brief may include witness statements, photographs, recordings, body-worn camera footage, interview material and other evidence. Rachael can assess the strength of the prosecution case and, where appropriate, communicate with prosecutors about withdrawing, reducing or amending charges.
Evidence and Negotiation
The police brief may include witness statements, photographs, recordings, body-worn camera footage, interview material and other evidence. Rachael can assess the strength of the prosecution case and, where appropriate, communicate with prosecutors about withdrawing, reducing or amending charges.
Guilty Plea or Contested Matter
After receiving advice, you will need to decide whether to plead guilty or not guilty. A guilty plea may involve preparing references, reports and other material to support the best possible sentencing outcome. A not guilty plea will generally lead to further court hearings and preparation for a contested hearing.
Court Representation
Hitchens Legal can represent you at each stage of the Magistrates’ Court process, explain what is happening and present your matter clearly to the court.
Experienced Legal Advice
Why Choose Hitchens Legal?
Rachael Hitchens spent 15 years working as a police prosecutor before moving into private practice. This experience provides insight into how criminal allegations are investigated, how evidence is assessed and how prosecutors approach negotiations and court proceedings.
Clients receive practical advice without unnecessary legal jargon. Rachael takes the time to explain the options, possible risks and likely next steps, so you can make informed decisions. Hitchens Legal offers:
Personal representation from an experienced lawyer
Strong knowledge of police and prosecution processes
Experience across criminal law, family violence and family law
Practical and straightforward advice
Fixed pricing for many matters
A free initial 30-minute consultation
Criminal Law FAQs
FREQUENTLY ASKED QUESTIONS
Should I speak to a lawyer before a police interview?
Yes. What you say during a police interview may later be used as evidence.
A lawyer can explain your rights and advise whether you should answer questions, provide a prepared statement or make no comment beyond the information you are legally required to provide.
What should I do after being charged by police?
Read the documents you have been given and check the date, time and location of your next court appearance.
You should also comply with any bail conditions, intervention orders or other directions. Obtain legal advice as early as possible so the charges and evidence can be reviewed before court.
Do I have to attend my first court date?
That will depend on how your matter is listed and whether you are on bail.
If you are on bail, you will generally need to attend unless the court has made another direction. A lawyer can review your documents and confirm what is required.
What happens if police refuse bail?
If police refuse bail, you may be brought before a magistrate for a bail application.
A lawyer can help prepare the application and gather information about accommodation, employment, family support, treatment and other matters that may be relevant.
Can my bail conditions be changed?
It may be possible to apply to vary your bail conditions.
The court will consider the reason for the proposed change and any risks raised by police or the prosecution. You should continue complying with the existing conditions unless and until the court changes them.
Should I plead guilty or not guilty?
You should obtain legal advice before entering a plea.
The decision will depend on the evidence, your instructions, any available defence and the possible consequences of a finding of guilt. A lawyer can explain the strengths and weaknesses of the prosecution case before you decide.
Can criminal charges be withdrawn or reduced?
Sometimes.
A lawyer may identify evidentiary problems, inappropriate duplication or other issues that support negotiations with the prosecution. Whether charges are withdrawn, reduced or amended will depend on the facts and evidence.
Will I receive a criminal conviction?
Not every finding of guilt results in a conviction being recorded.
The outcome will depend on the offence, your prior history, the circumstances of the matter and the sentencing decision of the court. Diversion may also be available in some lower-level cases.
Can Hitchens Legal assist when criminal and family law matters overlap?
Yes.
Criminal charges, family violence intervention orders, parenting arrangements and separation issues may arise from the same circumstances. Hitchens Legal can consider how the different proceedings may affect each other and provide coordinated advice.
Get in touch with Hitchens Legal for criminal law cases
If you have been charged, contacted by police or required to attend court, early advice can help you understand your position and prepare for what comes next.
Speak directly with Rachael Hitchens about the allegations, the evidence and your available options. Contact us today to arrange your free 30 minute consultation.