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Theft charges | Fraud charges | Proceeds of crime charges
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Melbourne Criminal Lawyers Balot Reilly 462 William St Melbourne West VIC 3003
It is important to contact our best criminal lawyers in Melbourne for theft and fraud charges if you are charged with dishonesty offences.
WHAT IS THEFT?
Theft is the act of stealing; the unlawful taking of personal property with intent to deprive the rightful owner of it.
LEGAL DEFINITION OF THEFT IN VICTORIA
Section 72 of the CRIMES ACT 1958 defines theft or stealing if the accused dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. The offence has the following three elements which the prosecution must prove beyond reasonable doubt: i) The accused appropriated property belonging to another; ii) The accused did so with the intention of permanently depriving the other of the property; and iii) The accused acted dishonestly (Crimes Act 1958 s72)
THEFT IS NOT EASY TO PROVE
It is not easy for the police or prosecution to prove the crime of theft or fraud because it is difficult to prove a dishonest intention etc. Our experienced criminal defence lawyers are experts on the law of theft and fraud and are able to use their knowledge to contest or minimise the charges against you. It is not easy to prove dishonest appropriation in Victoria. Pursuant to Section 73(2) of the Crimes Act 1958, a person’s appropriation is not to be regarded as dishonest if the person believed that: i) S/he had a legal right to deprive the owner of the property; or vii) The owner would have consented to the appropriation if s/he had known of it and the circumstances surrounding it; or viii) The owner could not be discovered by taking reasonable steps. Our experienced criminal defence lawyers in Melbourne are experts on the law of theft and fraud and are able to use our knowledge to contest or minimise the charges against you.
DEALING WITH PROPERTY SUSPECTED OF BEING PROCEEDS OF CRIME:
section 195 of the Crimes Act 1958 makes it a criminal offence in Victoria to deal, conceal or dispose of property which is reasonably suspected of being derived from criminal activity, for example money derived from the sale of drugs. The maximum penalty in Victoria is 2 years imprisonment.
DEALING WITH PROCEEDS OF CRIME:
section 194 of the Crimes Act 1958 makes it a criminal offence in Victoria to deal, conceal or dispose of property which is proceeds of crime knowing that it is proceeds of crime & intending to conceal it as proceeds of crime. The maximum penalty in Victoria is 20 years imprisonment. It is not easy for police to prove dishonesty charges, theft charges or fraud charges in Victoria, which can help your defence if you have a highly experienced skillful criminal lawyer who is an expert in dealing with proceeds of crime charges who can vigorously defend you.
DID YOU KNOW THAT?
- The prosecution do not need to prove who the property was stolen from.
- The prosecution only need to establish that someone other than the accused had property rights that were appropriated.
- There is no requirement that the prosecution prove who actually held those rights.
WHAT TO DO WHEN ARRESTED BY POLICE?
As soon as you're arrested for a theft or fraud related offence:
- Ask for an experienced criminal defence lawyer from Balot Reilly and
- Refrain from answering any questions other than your name, your address and your date of birth. The reason is that you have a right to silence to ensure that you do not provide responses that might incriminate you. . It is your legal right to contact an experienced CRIMINAL DEFENCE LAWYER FROM BALOT REILLY. You should contact our criminal defence lawyers immediately and we will advise you on how to handle your case. If you make contact early enough, we could, in many circumstances, SAVE YOU from from being charged with theft and fraud charges and ultimately in most circumstances save you from a potential term of imprisonment. Remember the police interrogation interview stage is a critical stage in the case against suspects because police invariably use this opportunity to obtain incriminating answers to support their case. In fact seasoned police detectives will tell you that most criminal investigations are won and lost at this early stage. .
OUR EXPERTISE IN CRIMINAL LAW CHARGES OF THEFT & FRAUD
Mr. Balot is an expert criminal defence lawyer from Melbourne who is frequently consulted by the media for his expertise in criminal law throughout Australia. His expert interpretations of criminal law issues and his concise explanations are highly regarded. His second decade of criminal law advocacy experience of successfully defending those who are charged with, on the one hand minor shop lifting and on the other hand highly complex deceptions involving some of the largest fraud and theft cases in Australia is invaluable in defending your theft or fraud charges. Balot Reilly criminal lawyers are highly experienced in;
- Theft and fraud charges
- Obtaining property by deception charges
- Obtaining financial advantage by deception charges
- Burglary charges Our criminal law defence experience extends to defending your case before court and defending your legal interests after court. This is priceless for the management of your case. Balot Reilly are able to assist you in defending theft and fraud charges by applying the law to the relevant facts in your case and preparing persuasive legal submissions by reference to the current laws on theft and fraud in order to maximise your chances of success.
HOW TO CHOOSE THE BEST CRIMINAL DEFENCE LAWYER IN MELBOURNE?
If you have been charged with a theft or fraud offence, you need to carefully consider which criminal defence lawyer you choose to represent you. A great criminal lawyer is potentially able to maximize your chances to successfully defend your charges or to minimize your charges and increase your chances of getting a great result which often means keeping you out of jail. Representing an individual charged with fraud or theft charges in Australia requires a particular skill set; great investigatory skills, legal research, writing submissions and effective cross-examination skills. Our criminal defence lawyers in Melbourne are experts in drafting comprehensive, well-written, thoroughly researched and persuasive submissions for our clients. Don’t be fooled by empty promises, lawyers big noting themselves, mere publicity in the media, or lawyers claiming to have substantial criminal law experience who do not regularly appear in court; ask your criminal defence lawyer for proven results! At Balot Reilly we invite you to come and watch our criminal defence lawyers in court when they appear for other accused persons and you can witness first hand the highest quality of legal representation.
WHAT TO DO WHEN YOU'RE IN COURT AND YOU NEED HELP FROM THE BEST CRIMINAL LAWYER IN MELBOURNE?
It's never too late contact an expert criminal lawyer for theft & fraud from Balot Reilly to immediately assist you in court and to fight for you. You can contact our office on 03 9326 6606 or our 24/7 emergency hotline 0421 905 576.
WHAT TO DO WHEN YOU'RE IN COURT AND YOU'RE UNHAPPY WITH YOUR CRIMINAL LAWYER IN THEFT & FRAUD ?
- If you are legally represented you need to communicate your concerns to your current lawyer and
- Ask the presiding Magistrate, Judge, Member or any other person presiding for an adjournment to engage new legal representation and
- Contact Balot Reilly expert criminal lawyers for theft & fraud from Melbourne if you want great legal representation in court. It's never too late to call Balot Reilly criminal lawyers to represent you in theft & fraud in all Victorian and Australian courts to fight for your rights, restore your confidence and peace of mind and achieve the best possible outcome in court for your unique legal situation.
Melbourne Criminal Lawyers for Theft Charges| Best fraud offence Lawyers in Melbourne | Balot Reilly Criminal Lawyers
Melbourne Office: 462 William Street Melbourne West, Victoria 3003
Available 24/7 for phone consultation
Ph: (03) 9326 6606
Mob: 0421 905 576
