The Swan River Law lawyers have appeared in the Magistrate, District and Supreme Court for a range of criminal matters. Our experienced team will be able to advise you on the criminal charge you are facing and represent you at each stage in your matter.
Our services include:
- Court Representation – Magistrate, District, Supreme
- Violence Restraining Order & Misconduct Restraining Order Applications & Responses
- Bail Applications
- Pleas in Mitigation
- Applications for Extraordinary Drivers Licence’s
- Road Traffic Matters
- Spent Convictions
Violence Restraining Orders (VRO)
If someone has threatened you, damaged your property, subjected you to violence or emotional abuse, or behaved in an intimidating manner toward you then it may be appropriate for you to seek a court order to protect you from that person. A VRO is a court order that is designed to protect you from a certain person and the acts of that person.
In order to get a VRO you need to make an Application to the Magistrates Court or Children’s Court (whichever is applicable in your case). In your Application for a VRO you need to demonstrate to the Court that the person you are seeking protection from has committed an act of abuse, is likely to commit further acts of abuse, or makes you fear they will commit further acts of abuse.
At Swan River Law we will assist you in making your VRO Application or Responding to a VRO Application. We will attend court dates with you and represent you at your VRO trial.
Misconduct Restraining Orders (MRO)
A MRO is a court order that prohibits a person from doing whatever it is the court thinks is necessary. MROs are very factually dependent and can include orders such as stopping a person from entering your residential or work premises, coming within a certain distance of you, intimidating or offending you, attempting contact with you, and possessing a weapon. In order to get an MRO you need to satisfy the court that the person could reasonably make you feel or does make you feel intimidated, will cause damage to your property, or act in a way that is considered a breach of the peace.
Our services at Swan River Law include advising you on the legal process involved, assisting you in making your Application to the Court and attending any court appearances.
Swan River Law is experienced in Bail Applications and will readily attend court to make your Application for Bail.
Unless you have been charged with what is called a ‘serious offence’ you will be entitled to bail. Where your Application for Bail is granted, you are entitled to be released from custody. Your Application comes down to your risk assessment –the court must be convinced that you are not a flight risk.
Your Application involves:
- how you wish to plea;
- convincing the court you will attend your next court date;
- convincing the court you will avoid re-offending;
- convincing the court you are not endangering another person’s safety, welfare or property;
- advising the court on your criminal and personal history; and
- assisting the court in imposing bail conditions.
If Bail is granted conditions will be enforced that you will need to abide by. A grant of Bail is accompanied with an undertaking, but may also include a cash deposit and/or a surety.
Plea in Mitigation
A plea is mitigation is your opportunity to reduce your criminal sentence after having been found guilty or pleading guilty to a criminal matter. Prior to the court deciding your sentence they will give you the opportunity to speak (present your plea). A lawyer is allowed to represent you and making the plea on your behalf.
The plea involves taking the sentencing judge through your personal history, criminal history, age and health, the circumstances of the offence, the seriousness of the offence, your circumstances since committing the offence, any remorse expressed by you and supplying the court with any character references.
It is beneficial to have a lawyer represent you when it comes to a plea in mitigation– the outcome being a reduced or more lenient sentence. The lawyers at Swan River Law are practiced in presenting pleas in mitigation and they can offer you advice, assistance and attend your court date.
Spent Conviction Orders
A spent conviction order means that you generally do not have to disclose your offence – you may not have to acknowledge that you have been charged and convicted of an offense, and the conviction will not appear on your criminal record. In order to be granted a spent conviction three requirements must be satisfied:
- trivial offense OR offender of good character;
- unlikely to re-offend; and
- offender should not be burdened with a recorded conviction.
At Swan River Law we can advise you on your eligibility for a spent conviction, we will prepare your case and represent you at your court date.