Faq
Questions
How can I get legal advice and attend Court during covid-19?
Slink & Keating is offering in-person consultations (subject to Government Restrictions), zoom/webex/FaceTime/skype calls and telephone calls.
Court is conducted at present mostly remotely without having to attend Court in-person. In special circumstances, you can attend Court. If you have not got access to the technology required, you can attend our office for the purpose of Court. alternatively you can appear from home work or any other quiet place via the Online Magistrates’ Court.
Please note, given the nature of covid-19 restrictions, please call our office to ensure this is the most up-to-date advice.
Who is who at Court?
Defence lawyers are who represent you and give you advice. That’s us!
You may be referred to as ‘The Accused’.
The Magistrate or Judge is the person who decides your case. They are referred to as ‘You Honour.’
The person sitting below the Magistrate or Judge is the clerk. They organise the Courtroom and call each matter.
The Prosecutor is the person representing the Police. They will read the allegations against you.
What time should I arrive at Court?
You should contact your lawyer before Court to discuss your arrival time.
At present, most hearings are being conducted by Webex (over the internet). Generally, you will be provided with a link and a specific time of your hearing. You should click this link at the allocated time. Alternatively, you will be advised to attend our office and/or Court at a specific time.
What should I wear to Court?
You should dress appropriately for Court. A good example is what you’d wear to visit your elderly grandmother … no offensive words on t-shirts, bathers or revealing tops!
My case is called a ‘Mention’, what’s that?
Your case will progress through a number of different hearings, depending on whether your case is a criminal case and the seriousness of the charges, a DHHS case or an Intervention Order. Call us to discuss your specific circumstances!
Do I have to say anything at Court?
Generally, we will say everything on your behalf. Sometimes a Judge or Magistrate may like to speak directly to you. We will discuss this with you prior to your court date.
What will I be sentenced to?
The sentencing hierarchy ranges from Diversion and Good Behaviour Bonds (Undertakings) to monetary Fines, Community Corrections Orders and lastly imprisonment.What you will be sentenced to will depend on your individual circumstances. Contact us to discuss.
How does the Magistrate/Judge decide what I get?
The Magistrate or Judge is required to weigh up the factors put on your behalf by your lawyer, with the alleged offending. It is important to contact us as soon as possible. This will enable us to prepare your case and therefore put your circumstances to the Magistrate/Judge fully. This may include us obtaining a psychological report or other medical reports where suitable.
How will a solicitor help me at Court?
By having a solicitor from Slink & Keating you will be represented by a solicitor who has specialised knowledge in the area. This may make a huge difference in what sentence you are given, whether you lose your drivers licence and whether you receive a conviction on your record.
Where do I pay my Fine?
Most fines are now payable directly to Fines Victoria.
What is a Community Corrections Order?
A Community Corrections Order is a sentence that can both punish and treat an offender. Community Correction Order’s can include community work, treatment for drug and alcohol abuse, treatment for mental health, offending behaviour programs, curfews, non-association clauses, Mens Behaviour Change Programs, Road Trauma Awareness courses, a restriction on geographical areas etc. They are tailored towards what an Offender needs in the community.
It is important that if you are sentenced to a Community Corrections Order that you do not reoffend whilst you are on the Order and that you attend your Corrections requirements. If you commit a jailable offence or do not attend your appointments, you will be in breach of your Order and can receive up to 3 months imprisonment for this breach and be re-sentenced on the original charges, which you got the Community Corrections Order for. You should contact us if you are served with a Breach of your Community Corrections Order.
My Friend/Family member has just been arrested, what do I do?
I have been served with an Intervention Order, but I don’t want it, what can I do?
Contact us immediately! It is very important that if you have been served an ‘Interim’ Order or a ‘Safety Notice’ that you comply with this. Do not delay in contacting us!
My children have just been taken by DHHS, what can I do?
Contact our solicitors, who are experts in Child Protection. Child protection. We are available during office hours on 03 9791 7699 or after hours on 0481 988 003.
The Police have left a card/just turned up at my house, what should I do?
We highly recommend you contact one of our lawyers at Slink & Keating. Advice can be given on your legal rights. This advice could make the difference between being charged or not and can make a difference to the outcome of your case!
What should I say in a police interview?
The police can either ask you to come into the station for the purpose of an interview or they can arrest you for this purpose. You should insist on speaking to your lawyer prior to beginning the interview. Once the interview starts, you can also ask that you speak to your lawyer again, for additional advice. You have a number of options during your interview, including making a ‘comment’ or ‘no comment interview’. Timely advice on which option is most appropriate for you is imperative – anything you say in the interview, can be used against you later! What you should do depends on your case specifically.
I am on Centrelink but I need legal representation - help!
Can you be sentenced but not receive a ‘conviction’?
I have been charged with a driving offence, am I going to lose my licence?
I am eligible to get my licence back, what do I do?
What if I need an interlock installed?
Get in touch with us