Get Helpful Information From Melbourne Criminal Lawyers

TABLE OF CONTENTS
Title The Three Most Important Tips To Hiring A Criminal Lawyer On Criminal Law What Happens When You Are Charged With An Offence The Effects Of A Sex Offender Registry Is The Sex Offender Registry Being Implemented For Its Real Purpose Charges, Procedure, And Trials- The Top Ten Things You Need To Know About Sexual Offences What Classifies As Sexual Assault Doogue & OBrien Post Discusses The Ban On Chocolate And Saffron Assaults Are The Most Common Criminal Cases In Victoria The Danger Of Corporate Criminal Liability 5 Key Steps To Getting A Drivers Licence Back After A Drink Driving Offence Page 3 5 7 9 11 13 15 17 19 21
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The Three Most Important Tips To Hiring A Criminal Lawyer

When you are facing criminal raps, your life may be on the line. From a drink driving charge to drug trafficking, from murder to any indictable crime, you are going to need a solicitor who can save you from doing time in jail, so there is no room for error in finding the best criminal defence lawyer. But how do you find the best one when there are so many criminal lawyers? Here are three of the most important tips you will need when choosing your criminal defence lawyer. 1. Your solicitors expertise should be criminal law. Never go to a tax lawyer if you are looking at a DUI charge or any serious crime that will get you indicted! Naturally, a tax lawyers experience and background will not be the same as a criminal lawyers experience and background. Criminal lawyers are not only deeply knowledgeable about the laws and procedures that correspond to specific offences. But they are also extremely accustomed to courtrooms, ensuring you receive the highest level of representation possible. Some criminal lawyers even specialise in handling specific cases like drug trafficking or murder. It would be in your best interests to hire a criminal defence lawyer that specialises in the offence you are facing.
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2. Your criminal defence lawyer should have the essential staff. The best criminal lawyer will have highly qualified staff like paralegals who will do research work on old cases that could benefit your own case. You will want to get a criminal law firm that has its own investigators who can gather evidence and find witnesses that could help your lawyer win your case. A strong legal team will reduce your anxieties and give you confidence in receiving a favourable verdict. 3. You should be able to trust your criminal defence lawyer . You need to be able to trust your lawyer with your case and your life. So you will want to look for criminal lawyers who are not just going to merely represent you. You need your solicitor to be passionate about the law in order to zealously represent you, whatever the offence.
Naturally, you want your criminal defence lawyer to be confident about your case. But you also need your defence lawyer to be realistic about your chances and to clearly explain your options. This should be done without forcing any decision on you, particularly when accepting a plea bargain, signing off on a deal, or taking the stand in your own defense.
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On Criminal Law What Happens When You Are Charged With An Offence
It happens. Making one wrong decision and sometimes being at the wrong place, at the wrong time can create a major impact on a persons life. That person could either be locked up in jail for a long time or face a lengthy, highly publicised trial that could damage his or her reputation. Either way, being charged with a criminal offence is never a good chapter in anyones life. What do you do when it happens to you? The Law and Order of Things There are two categories for criminal offences: summary (less serious) and indictable (very serious). Summary offences include drink driving, property damage, and minor assaults. Indictable offences include drug trafficking, indecent assault, manslaughter, and murder. Criminal law dictates, an investigation will take place and depending on the outcome, you may be formally charged. When you are charged with a criminal summary offence, your case will be heard in the Magistrates Court and will begin with the mention hearing. If you plead guilty during the mention hearing, the sentencing is almost always done on the same day. If you plead not guilty, the matter will move on to the contest mention, which is the preliminary hearing and then progress to the contested hearing, which is when both parties present their case. Meanwhile, indictable charges are heard before a judge and jury in the County or Supreme courts. Indictable charges start off with the committal mention wherein a date for the committal hearing and the required witnesses is determined. The committal hearing decides
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whether there is enough evidence for a trial. If the prosecutor fails to present sufficient evidence, the case is then dismissed.
Get Legal Representation For any offence, even for summary charges, you should always have proper legal support. Those who cannot afford their own solicitors may be given legal aid, which is free. However, whenever possible a top law firm that specialises in handling criminal offences would be a better option. As you may know, many public defenders may be overloaded with cases and you may not be able to get the dedicated attention your specific case needs. A private criminal lawyer would have more resources to manage your case, and hopefully secure a favourable verdict. Your criminal lawyer should be with you during all court proceedings, particularly when it is for grave charges such as drug trafficking or murder. He or she should also be able to explain each procedure to you so that you can better manage your situation. From dealing with the police investigation to being held in custody, from going to trial to hearing victim impact statements during sentencing, your criminal lawyer needs to tell you what is bound to happen next.
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The Effects Of A Sex Offender Registry

Accessing information in the digital age is easy. You can find out just about anything you want to know. As the current saying goes, all you have to do is Google it and you will be flooded with a stream of information. The trouble with getting information is having too much of it and knowing what to do with it. This is essentially the main concern behind a published registry of sex offenders. Sex Offences and Consequences Sex offences come in varying degrees, from sexual assault to sexual misconduct. Every jurisdiction will have its own corresponding legislation and will deal with sexual offences according to their degree. For instance, the sentencing for someone found guilty of rape will be different from someone charged with exposing himself or herself publicly. The graver the crime, the more serious the penalty. While a published sex offender registry is meant to serve the public, informing them of individuals who have been found guilty of sex crimes in an effort to alert neighbourhoods and prevent offenders from reoffending, the concept is still up for contention. Those who believe in the purpose of the published registry want victims, particularly children, to feel safe. Those who question the registry recognise how deeply unbalanced it can be. Even young people who have been found guilty of sexting have to be registered as sex offenders. But the courts do have discretion over the inclusion of children convicted of sexual offences.
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The Registry Once an individual has gone through the criminal courts and been charged with a sex offence, he or she will have to be listed (some may be registered for life). The registry includes names, photos, and the suburbs (though specific addresses are left out) where the sex offender resides. Aside from having their details virtually available to anyone, listed sex offenders also need to report back to their parole officers or the state about changes in location and any other relevant changes, which has confused some offenders. It turns out that buying a new car and failing to report said purchase is enough cause for the offender to land right back in jail. Other unclear provisions to the registry for sex offenders includes the lack of duration on reporting obligations and the seeming absence of automatic removal of names that have finished the reporting period.
The Australian Lawyers, according to a report from ABC, regard a published registry as a call for vigilantism, and feel that it may incite further violence. Meanwhile, other defence lawyers state that the only way to prevent further sex offences is to actually work on coming up with an effective rehabilitation treatment for offenders. Legally mistreating offenders who have served their time fully, some defence lawyers believe, will only condition them to re-offend, essentially defeating the primary purpose of the registry.
Is The Sex Offender Registry Being Implemented For Its Real Purpose?
An encounter with the law can definitely mark you for life, regardless of whether you were proven guilty or innocent. Theres a stigma to being accused of wrongdoing. But what is even more concerning are the legal policies that do not allow offenders who have served their time to move on from the incident. A great example of this is the Sex Offender Registry. The legal system calls for a strict implementation of the law naturally. However, sometimes, the legal system fails to effectively co-ordinate its activities. Those who are included in the Offender Registry, and who have already been punished by the courts, can be in danger of being charged with a new crime for an action that could just be the result of a misunderstanding. And this can simply be due to the failure of police officers to coordinate information properly. There are many criminal lawyers who point out the many grey areas about the terms and conditions of the Sex Offender Registry, especially on what needs to be reported and what does not. If the Registry is to keep tabs on the activities of repeat sex offenders to make sure they are no harm to society, then thats absolutely great the world will feel so much safer. However, in other situations where an offender is branded a repeat offender simply for not reporting administrative matters, such as failing to report a purchase of a car, or a switchback to a former employer, the law is clearly following due process at the expense of the offender.
With the way the Sex Offender Registry is being upheld by authorities, its actually quite tricky to define its real purpose. Those people included in this list who want to start anew are on the losing end they will never be allowed to fully move on. Complete rehabilitation is not possible if trivial human error that harms no one such as forgetting to call a parole officer about a recent life development results in a fine and a possible gaol sentence. Once again, a supposed simple system leads to a muddled path; even legal professionals struggle to make complete sense of the terms and conditions behind the Registry. However, the best course of action for anybody severely affected by the complexities of this legal provision is to seek the services of a criminal lawyer who will dissect the law and provide clear representation. Only with their help can real justice be achieved. Former sex offenders should be able to bury their past and make a fresh start. If it is their true intent to live as productive members of society again, the law should work for them instead of against them.
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Charges, Procedure, And Trials: The Top Ten Things You Need To Know About Sexual Offences
A high school teacher is charged with exposing a child under 16 to indecent material and indecently recording a child over 16. An old entertainer is arrested on suspicion of sex offences and later bailed without charges. Victorian teenagers who are caught with vulgar images of young girls (who sent the photos in the first place) are charged with child pornography and added to the sex offender registry. From adults committing indecent acts against children to children themselves participating in what is legally considered indecent, sex offence laws can be very complex and will vary according to jurisdiction. Extensive reforms have been implemented in different states and territories around Australia with respect to sex offences. The most notable reform involved language as in NSW, the law veers away from rape to sexual assault in an effort to emphasise the crime as an act of violence. Victoria, Queensland, Tasmania, and South Australia still use the word rape. Here are the top ten facts you may want to know about the set of charges, the procedures, and the trial related to sexual offences: 1. Sexual offences include sexual assault, indecent assault, acts of indecency, child sexual assault, sexual intercourse with someone who has cognitive impairment, assault with intent to have sexual intercourse, sexual assault by forced self-manipulation, and sexual servitude. 2. Offences against children are generally expressed in terms of their age. Depending on the jurisdiction, children under the age of 10, 12, and
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13 are classified as young children, and children under 16 are older children. Sentences for offences against young children are higher than those committed against older children. 3. Consent is stated as: a person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse . Consent as a defence may vary according to jurisdiction. In Victoria, it may be used when the victim is 12 and over, and the accused is two years older then the victim. 4. Consent can be withdrawn. Sexual assault may be filed if the person withdraws the consent. 5. Bail is often granted for sexual assault and indecent assault offences while aggravated sexual assault (use of force or weapon), attempts or sexual intercourse with a child under 10 hold no presumption in favour of bail. 6. When there is not enough evidence, or new information undermines evidence, the public prosecutor may decide to not proceed with the charge. This is known as a no-bill. 7. In NSW, should the prosecutor agree, an accused may choose to have an offence determined by a judge and no jury. This is known as the judge alone trial. 8. A defendant without a lawyer cannot cross-examine the complainant. The judge will appoint another person to do the questioning. 9. In NSW, Victoria, South Australia, and ACT, the prosecution must prove that the defendant knew that the victim was not consenting. This is referred to as mens rea, or the mental element of the offence. In Queensland, Western Australia, and Tasmania the prosecution only needs to prove intent. 10. When convicted of any sexual offence, the personal information (including photos) of individuals released from prison needs to be placed in the sex offender registry and they must meet reporting obligations.
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What Classifies As Sexual Assault?

Sexual abuses are rampant these days, and women are not the only victims young girls and boys have also become prey to sexual predators. Its important to mention as well that even with severe penalties, this violent sexual act has only gotten even more gruesome. Recent convicted sexual abusers reveal the vile extent of their acts. Oddly, though, a lot of people still do not understand the full nature of a sexual assault; most have the idea that it just pertains to rape, but legal experts define this as any type of activity that a person does not agree to, which includes the following: *Child molestation when an adult or older adolescent uses a younger child for sexual stimulation. There are different forms to this child sexual abuse and they include: asking or pressuring a child to take part in sexual activities (whether the child agrees or not), indecent exposure (of private parts) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact, or using a child to produce pornography. *Inappropriate touching This is very common especially in crowded places or while riding public transportation. This can also happen in a situation where authority is imposed. *Rape This includes marital rape (which is a sexual act committed by a womans husband or ex-husband), and acquaintance rape (which occurs when someone that a woman trusts or is greatly familiar with forces her
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to have sexual intercourse the rapist can be a boyfriend, friend, family member, teacher, or a medical professional). *Attempted rape *Forcible sodomy Also known as anal or oral sex against a persons will *Forcible object penetration Penetrating someones vagina or anus, or causing that person to penetrate herself or himself, against that persons will. *Any unwanted or coerced sexual act Which can be the result of blackmail Its crucial to point out as well that sexual assault can also be verbal or visual basically anything that forces a person to engage in unwanted sexual contact or attention, such as, voyeurism (hidden cameras to film or shoot images of private sexual activity), exhibitionism, incest and sexual harassment.
Any person whos been sexually assaulted should instantly seek the help of authorities. Its highly advised that they do not wash or change clothes so evidence can easily be collected. This makes tracking down the attacker a much quicker process. Police have a standard procedure of dealing with assault victims including providing them with immediate help to address physiological effects of the assault and helping them seek immediate justice.
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Doogue & OBrien Post Discusses The Ban On Chocolate And Saffron
Culinary experts are fuming over the passing of new laws that ban everybodys favourite food (chocolate) and the precious spice (saffron). People from all walks of life and all races that have made the state their home find these new laws completely absurd. Doogue & OBrien shared in a post that these laws passed by Queenslands government states that if the intent of a substance is to have similar effects to a banned or dangerous drug, the substance virtually becomes the drug. Hence, PEA or phenethylamine, the substance found in chocolate, which is a noradrenaline and dopamine agonist similar to amphetamine, methamphetamine, MDA and cocaine, has been reduced to a whack (using the late Whitney Houstons term) drug. Chocolate, which is rich in antioxidants and is known to trigger the release of the happy hormone called endorphin, essential in fighting autoimmune problems, is evil? Now, what will happen to the big chocolate industry of the state if the Criminal Law Amendment Bill 2012 is strictly imposed? And not only that, what will happen to the other industries that use chocolate for their products? The post even adds, Will the Queensland police now start raiding chocolate shops because under these new laws they will have every right to? And another thing, how can true intent of a substance be determined? Will there be a question-and-answer portion? Will there be
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sophisticated technology used to determine true intent of a food product? Seriously, the more people think about the new laws, the more they may snort in derision.
Meanwhile, saffron, which is a very common spice used in Asian, Mediterranean and Spanish cuisine, is a serotonin agonist and crocin which is a dopamine agonist. The illegal drug MDMA (or ecstasy) is also a serotonin and dopamine agonist, so basically what the laws claim about saffron is that its ecstasy saffron rice is ecstasy, lamb tajine is ecstasy, paella is ecstasy, chicken biryani is ecstasy! Following this line of thinking, then, would mean that the Asian grocery store is now a drug den, and the friendly Mr. Yuan who owns it is a drug lord and should be put to jail. Every properly-thinking person would find that ridiculous. Its just so hard not to mock these new laws, and everybody should really work to modify them. They seem to be such a poor representation of the law-making body of Australia. Hopefully, with the post provided by Doogue OBrien George, people will have a deeper understanding of the implications of these new legal provisions.
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Assaults Are The Most Common Criminal Cases In Victoria

Australians are some of the worlds friendliest people, and thats why the country is considered one of the top places to visit before you die. Despite the fact that history reveals it as the land where convicted British criminals were sent, it has emerged to be quite a progressive country. Safety is not as concerning an issue here as it is in other parts of the globe, though there surely have been gruesome crimes in its history. The crime rate in the great Land Down Under is rather low, especially in the lovely state of Victoria. But no place in the world (inhabited by people) has an absolute zero crime rate, and even the safest communities have their share of people with criminal intent. A perfect example was the tight knit community of Orthodox Jews in a small New York village. People said, and felt, that it was one of the safest communities to live because practically everybody knew and looked after everybody else. So it was a huge shock to learn of the disappearance of a young boy and later find out that one of the neighbours had killed that child. In Victoria, specifically Melbourne, CBD (Central Business District) assaults are the main concern. In 2007, the tragic CBD shooting in Melbourne started with a man physically assaulting an exotic dancer before assaulting his own girlfriend the situation ended with one person dead. Though that remains the most disturbing assault case in the last 10 years, many criminal cases in Victoria are still related to CBD assaults.
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A number of triggers have been determined by authorities and these factors are closely tied with the frequency of assault crimes. Law enforcers zoned in on the increasing number of watering holes and entertainment bars in the business districts. With large groups of people under the influence of alcohol, one can only expect a brawl (or several) and other types of misdemeanours to happen as the night deepens. Another factor is the fact that people in the CBD are mostly professionals; they have valuable items and money with them most of the time items that are attractive to less principled people who feel they have a right to what is not theirs.
On the other hand, friendly communities in Cairns have had to address childrens safety as there have been reported assaults on children walking home from school or even just crossing the street from the neighbours house to their own. More and more parents now a re setting aside time in their busy schedules to pick their children up from school to minimise the young ones exposure to adult strangers. Most reported assault cases are related to robbery and breaking and entering.
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The Danger Of Corporate Criminal Liability

Corporate liability is definitely not an easy aspect of criminal law. Theres an overlapping of variables and its very much like a balancing act because the main issue most of the time is how to properly determine the context of an illegal activity within the business, as well as the extent of its effects. Was the crime committed done for the companys benefit and was it with the knowledge of the company? Or was it carried out by one employee with the desire to serve themself? Did the company know about it? Did it orchestrate an agreement so one person will take the blame and save everybody? In criminal law, corporate criminal liability determines the extent to which a corporation or organisation, as a legal person (a private or public legal entity), can be liable for the acts and omissions of the natural persons (actual people) it employs. The most common and specific issues it addresses are fraud and secondary liability. Over the last 30 years, however, there have been numerous debates surrounding corporate liability and its actual purpose. There are so many angles to consider and theres always a web of connections that needs to be studied to properly establish truths. The problem is, along the way, truths can be twisted so blame and consequences are quite likely to shift. Apart from this, many believe that it has put corporations in great danger and at the mercy of national investigative bureaus whose own activities are highly questionable. A study revealed that big corporations that want to be left alone to their operations actually work with prominent investigative teams so there
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are not probes into the way they conduct their business that could potentially lead to an indictment. Blackmail is a core issue here, as even the smallest irregularity in the business, which is quite common, can be manipulated by authorities to appear even more serious that it actually is. This is the danger of corporate criminal liability it can be abused.
To make sure that the right legal process is followed should a corporation be held liable for an illegal activity, the best course of action, according to studies, would be to: 1. Implement an effective and full compliance program. 2. Report the activity to the appropriate authorities as early as possible. 3. Co-operate with the right federal agents and legal representatives. 4. Take full responsibility for the illegal activity of the business. 5. Conduct internal investigations. 6. Conduct proactive pre-indictment contact and negotiation with government prosecutors. This process will not rid a guilty corporation of the consequences of its illegal activity; however, its an effective protective strategy against the manipulation of certain entities that wish to serve their interest more than to present the truth.
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Five Key Steps To Getting A Drivers Licence Back After A Drink Driving Offence
Most drink driving offenders remain one-time offenders they learn their lesson and swear not to drive under the influence of alcohol ever again. While Australia is definitely not devoid of people like celebrity Lindsay Lohan (who just cant seem to get it right), most Aussies, much as they love their beer and lager, are pretty responsible drivers and those who do falter only require one brush with the law to completely learn their lesson and make a turnaround. Who in their right mind would ever risk losing their l icence, anyway? Its a pain not to be able to drive, considering how vast the country is! Of course, an offender after a drink driving offence, is prohibited from driving, as they are an established threat to the safety of other motorists. But after a 28-day period, the licence suspension will be lifted. However, its not as if authorities will hand back the licence once the clock strikes twelve on the assigned end date of the suspension; theres still a process to go through to have the licence restored. There are five key steps to the process for licence restoration, particularly for first-time offenders in the state of Victoria: 1. Attend the local Magistrates Court before the end of the licence disqualification period. Supply the Court with a copy of the infringement notice or a driving history extract from VicRoads, and then lodge an application for licence restoration.
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2. A payment of $81.90 has to be made and this can be done at the same time the application for licence restoration is lodged. 3. The Court will arrange a hearing date 28 days after the application is lodged. Early lodging of the application is definitely an advantage for those who wish to have their licences restored soon after the suspension period. 4. While waiting for the day of the hearing, the offender would have to complete a Drink Driver Education Course (offered by numerous groups in the state by the end of the course, a certificate of attendance will be provided which is required to be presented to the Court and/or VicRoads) and attend a police interview which typically takes place a week prior to the hearing date. 5. The last step is to attend the Court hearing and provide evidence that supports the application.
The five key steps to the process are also applicable to repeat offenders; however, they would have to comply with an additional requirement, which is to undergo a drink driving assessment during the 28-day period leading to the date of the hearing.
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TABLE OF CONTENTS

The Three Most Important Tips To Hiring A Criminal Lawyer

The Effects Of A Sex Offender Registry

What Classifies As Sexual Assault?

Assaults Are The Most Common Criminal Cases In Victoria

The Danger Of Corporate Criminal Liability

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