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Expert Answers from Balot Reilly Criminal Lawyers

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At Balot Reilly Criminal Lawyers, we are committed to keeping you informed and up to date at every stage of your matter. Below are answers to some of the most frequently asked questions we receive. For information tailored to your specific situation, we encourage you to review the relevant legal service page relating to your charg

Act immediately.

  • Do not answer police questions
  • Provide only your name and address
  • Contact an experienced criminal defence lawyer straight away

Early legal advice can significantly improve your outcome.

Yes. Criminal law is complex and technical.

A skilled criminal lawyer will:

  • protect your rights
  • analyse the evidence
  • identify defences
  • negotiate with police and prosecutors
  • represent you in court

Your freedom, record, and future are at stake.

Immediately.

The earlier we are involved:

  • the more we can control the direction of your case
  • the better chance we have to avoid charges, reduce charges, or withdraw matters

Delay can seriously weaken your defence.

A criminal defence lawyer:

  • reviews the prosecution case
  • identifies weaknesses in evidence
  • challenges police conduct
  • prepares legal strategy
  • advocates for you in court

Our role is to protect your freedom, reputation, and future.

Yes. In some cases, criminal charges can be withdrawn before a matter proceeds to a contested hearing or trial.

Whether charges are withdrawn depends on the strength of the prosecution case and the available evidence. In Victoria, police or the prosecution may discontinue charges at any stage if there is insufficient evidence or it is not in the public interest to proceed.

Charges may be withdrawn where:

  • There are inconsistencies in the complainant’s account
  • The evidence is insufficient to prove the charge beyond reasonable doubt
  • There are issues with the reliability or credibility of witnesses
  • Forensic or digital evidence does not support the allegation
  • There is material that supports consent or a reasonable belief in consent

Early legal intervention is critical. A well-prepared defence can identify weaknesses in the prosecution case and make representations seeking withdrawal of charges at an early stage.

Your matter will typically follow this process:

  1. Charge and release (or custody)
  2. First court mention
  3. Brief of evidence served
  4. Negotiations or contest
  5. Hearing or plea

We guide you through every stage step-by-step.

Not always.

Outcomes may include:

  • charges withdrawn
  • diversion
  • dismissal
  • finding of guilt without conviction

Our goal is always to protect your criminal record wherever possible.

Yes.

  • You can change lawyers at any stage
  • The process is quick and straightforward
  • Your file is transferred upon authority

You are entitled to the best representation available.

Yes. A criminal record can have serious and long-term consequences on your personal and professional life.

It may affect your ability to:

  • obtain employment, particularly in regulated or professional industries
  • travel internationally, including entry to countries such as the USA or UK
  • apply for visas or residency
  • hold certain licences or professional registrations
  • maintain your reputation and future opportunities

Because of these potential consequences, it is critical to obtain advice from an experienced criminal defence lawyer to explore options to avoid or minimise a criminal record wherever possible.