FAQ

Q: WHAT ARE THE ADVANTAGES OF HIRING BALOT REILLY CRIMINAL LAWYERS IN MELBOURNE OVER A LARGE CRIMINAL LAW FIRM?
A: Unlike large criminal law firms, you are our number one priority and we take pride in your court outcome. We will not overload our practice with too many clients and will definitely not assign your case to inexperienced criminal law Solicitors or Barristers, to meet quota or number targets to presumably maximise profit as a first priority instead of prioritising your court outcome. We have the necessary time to spend on your file, and our entire team of criminal law defence lawyers are committed to dedicate ample time to work on your case to achieve the best possible outcome for you. Remember at Balot Reilly criminal lawyers in Melbourne we are focused on achieving the best outcome for your criminal charges by investing in your case all our due diligence, professional skill and ability and legal representation that we deliver to all our clients, not focusing on turnover.

Q: I'VE BEEN ARRESTED NOW WHAT?
A. As soon as the police arrest you for a criminal offence, ask for a criminal defence lawyer and refrain from answering questions so you do not incriminate yourself further. Request to call an experienced BALOT REILLY CRIMINAL LAWYER FROM OUR CRIMINAL LAW DEFENCE TEAM IMMEDIATELY, we will then advise you on how to handle your case as soon as you are arrested and potentially SAVE YOU from criminal charges and possible imprisonment.

Q: WHAT IF I'M UNHAPPY WITH MY CURRENT LAWYER, CAN I CHANGE DURING A TRIAL?
A: YES! it is quick and very simple! You don't even have to talk to your former lawyer or law firm at all! Simply sign an authority form and it's done! They are required by law to act on your lawful instructions and transfer your file to your authorised criminal lawyer from our office in Melbourne who will take great care of your criminal charges in your unique situation.

Q:WHAT DIFFERENCE DOES HAVING A GOOD CRIMINAL LAWYER MAKE TO MY CASE?
A: PHENOMENAL DIFFERENCE!!!! POTENTIALLY YOUR FREEDOM!!! Putting your best case forward in court requires not only knowing what to say and how to say it, but just as important knowing when to stop talking and what NOT TO SAY! Don’t be fooled by some articulate lawyers who speak unnecessarily in court for the sake of putting on a show for you, when in actual fact they’re getting the Magistrate off side and placing you at risk of a bad outcome for your criminal charges or driving charges ! Ask your criminal defence lawyer for proven results for your criminal or driving charges.

Q: WHAT ARE THE THINGS TO WATCH OUT FOR WHEN RECEIVING A QUOTE FROM A CRIMINAL LAWYER?
A: Whilst some criminal lawyers' appearance fees might on the face of it appear to be lower than others, they might unnecessarily adjourn your case, charge a high preparation fee and other hidden fees, and end up costing you more than the original quote and even more than the higher quotes which you initially thought were expensive and stretching your budget. This situation is bound to cause you unnecessary stress and frustration and potentially make you exhaust your funds for your criminal lawyer to defend your criminal charges and you might ultimately have to represent yourself.

At Balot Reilly criminal lawyers we will:
• Not engage in unnecessary adjournments or
• Not have hidden costs.

If your criminal charges or driving charges can be finalised on the first hearing, you can rest assured that they will be! We can offer you a lump sum fee agreement so you can realistically budget and have a peace of mind!

Q: HOW DO I CHOOSE MY CRIMINAL LAWYER?
A: Ask for their experience in the field of criminal law:
• Ask for proven results in the area of expertise relevant to your area of criminal law and confirm the results.
• Ask the lawyer of your choice, if he/she is prepared to personally appear for you rather than an inexperienced employee.
• Search the internet for any disciplinary actions against them or
• Study their client reviews and make sure they are not fake..
• Research, ask a lot of questions then read our site and call our best criminal lawyers in Melbourne.
• Schedule a conference and check whether you’re comfortable with the criminal lawyer who will appear for you.
• Ask what they think the outcome of your case is likely to be.
• Contact Balot Reilly criminal lawyers in Melbourne for more information

Q: WHAT ARE YOUR RIGHTS IN DRINK DRIVING & DRUG DRIVING SITUATIONS IN VICTORIA?

A:
• When instructed by police to stop your vehicle or pull into a designated drug & alcohol testing station or a booze bus you must do so. Failure to do so attracts a mandatory loss of drivers licence and a fine.
• You are under no obligation to answer any questions asked by police other than your name and your address to prove your identification.
• When testing for your blood alcohol content there are usually two tests conducted by police:
* A preliminary breath test – which only indicates the presence of alcohol on your breath (although it provides police with an approximate blood alcohol content reading it will usually not be disclosed to you)
* An evidentiary breath test – if the preliminary breath test indicates a positive result for the presence of alcohol, the police may require you to attend a booze bus or police station for the purpose of conducting a further more accurate test, known as an evidentiary breath test. This evidentiary breath test will provide an actual reading of blood alcohol concentration which will be alleged and relied upon against you.
• Police must wait at least 15 minutes between conducting a preliminary breath test and an evidentiary breath test.
• The police can wait up to 3 hours to test you from the time of driving, but not any longer. You are not obliged to comply with a request for a breath test if 3 hours have passed since you drove a motor vehicle.
• You have the right to ask for a blood test after your evidentiary breath test.
• If you have been taken to hospital as a result of a car accident, you must allow a doctor to take a sample of blood for analysis.

It is important to contact our Melbourne drink driving and drug driving lawyers to explain your rights in further detail and to defend your drink driving and drug driving offences as well as possible.

Q: CAN YOU BE ARRESTED FOR EXCEEDING THE PRESCRIBED CONCENTRATION OF ALCOHOL OR REFUSING TO ACCOMPANY A POLICE OFFICER IN VICTORIA?
A:Contrary to popular belief Victoria Police has no power to arrest drivers for exceeding the prescribed concentration of alcohol or refusing to accompany a member of Victoria Police to a booze bus or a police station. Nevertheless, the consequences of a refusal to accompany are punishable by mandatory 2 year driver licence disqualification and for a second offence double the driver licence disqualification and possible imprisonment.

For more Australian Legal information please go to http://www.austlii.edu.au

Q: CAN YOU BE ARRESTED FOR DRUG DRIVING OR REFUSING TO ACCOMPANY A POLICE OFFICER IN VICTORIA?
A:Contrary to popular belief Victoria Police has no power to arrest drivers for drug driving or refusing to accompany a member of Victoria Police to a drug detection booze bus or a police station. Nevertheless, the consequences of a refusal to accompany are punishable by mandatory loss of driver's licence and a fine and for a second offence double the driver's licence disqualification and possible imprisonment.

Q: WILL I HAVE A CRIMINAL RECORD IF I PAY MY FINE FOR A DRINK DRIVING OR DRUG DRIVING OFFENCE?
A: Any infringement which is not contested in court is considered a conviction for the purpose of the Road Safety Act.
http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125

Q: WILL I HAVE A CRIMINAL RECORD FOR A DRINK DRIVING OR DRUG DRIVING OFFENCE IF THE CHARGES ARE PROVEN AGAINST ME IN COURT?
A: The outcome of your court proceedings may appear on your driving record and criminal record as a driving conviction or a finding of guilt where a conviction is not recorded by the court.

Q:HOW DO I GET MY DRIVER LICENCE BACK IN VICTORIA?
A: Generally first time drink driving offenders in Victoria with a reading less than 0.10 blood alcohol content(BAC) caught drink driving after 30 September 2014 need to attend a VicRoads office to apply to be relicensed provided that it was;
1. The driver's first offence;
2. The reading was not over 0.10 BAC ; and
3. The driver was a fully licensed driver.
In other situations, the requirements are more onerous because the driver will need to apply to the local Magistrates’ court to be relicensed.

The above information contains only some of the relevant concise information drivers need to know. It is important to contact our Melbourne drink driving lawyers to provide you with further detailed information about your rights and obligations including any assessment of your unique drink driving situation and advise you accordingly.

Q: WHAT ARE MINIMUM DRIVER LICENCE DISQUALIFICATION PERIODS FOR DRINK DRIVING IN VICTORIA?
A: If you accept responsibility for a drink driving infringement or plead guilty to the charge in open court the minimum mandatory periods (with limited exceptions see hereunder) are as follows:

DRINK DRIVING OFFENCES IN VICTORIA - http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1.html

You need to ensure that you retain a Balot Reilly drink driving lawyer from Melbourne to maximise your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible.

Although there are mandatory periods of disqualification of drivers licence for drink driving offences in Victoria, there are limited exceptions. For example, in drink driving offences with readings under 0.07 where the driver is also able to demonstrate other strictly confined preconditions. Our drink driving lawyers in Melbourne are experts in effectively preparing and presenting your case to the court, where possible,to accept that the exception is applicable to your unique case.

Q: WHAT ARE MINIMUM DRIVER LICENCE DISQUALIFICATION PERIODS FOR DRUG DRIVING IN VICTORIA?

A: If you accept responsibility for a drug driving infringement or plead guilty to a drug driving charge in open court the minimum mandatory periods are as follows:

https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/penalti...

You need to ensure that you retain a Balot Reilly drug driving lawyer from Melbourne to maximise your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible

Q: WHAT ARE THE MINIMUM PENALTIES FOR COMBINED DRUG DRIVING & DRINK DRIVING OFFENCES IN VICTORIA -

A: If you accept responsibility for a drink driving and drug driving offence at the same time or plead guilty to the charge in open court the minimum mandatory periods (with limited exceptions see hereunder) are as follows:

http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1ab.html

You need to ensure that you retain a Balot Reilly drink driving and drug driving lawyer from Melbourne to maximise your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible

Q:WHAT ARE THE MINIMUM INTERLOCK REQUIREMENTS FOR DRINK DRIVING OFFENCES IN VICTORIA?

A: Drink driving offences attract mandatory minimum periods of interlock conditions in Victoria.

The following are mandatory minimum period of interlock conditions in Victoria for drink driving offences.
http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1b.html

You need to ensure that you retain a Balot Reilly drink driving lawyer from Melbourne to maximise your chances to successfully defend drink driving charges to avoid an interlock condition on your driver's licence or to minimise the interlock condition period and also the ongoing onerous legal obligations where possible.

Q: HOW MANY TIMES CAN I APPLY FOR BAIL IN VICTORIA ?
A: if you're charged with a criminal offence and you're in custody to appear before the Magistrates court of Victoria and the County court of Victoria you can;

• Make as many bail applications as you like, provided that you can demonstrate to a court that you have new facts and circumstances in support of each subsequent application for bail (not an easy task). So its important to get it right the first time by retaining an experienced criminal defence lawyer for bail application from the Melbourne office of Balot Reilly Solicitors.
• If you can't demonstrate new facts and circumstances, you may choose to apply for bail in the Supreme Court where it’s unnecessary to demonstrate new facts. At Balot Reilly criminal lawyers we have extensive and successful Supreme Court bail application experience in all Australian states so contact us for further advice.

Melbourne Criminal Lawyers Balot Reilly
462 William Street Melbourne West, Victoria 3003
T: 03 9326 6606
M: 0421 905 576
E: Admin@balotreilly.com.au

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