Criminal Law

Traffic offences in Victoria range from minor infringement notices to serious criminal charges that can result in loss of licence, fines, community correction orders, or even imprisonment. For many people, losing their driver's licence can have significant consequences for their employment, family, and daily life. Understanding your options and obtaining early legal advice is essential.

Common traffic offences include drink driving (driving under the influence or excess blood alcohol concentration), drug driving, speeding, dangerous driving, careless driving, driving while disqualified or suspended, and failing to stop. More serious traffic offences, such as culpable driving causing death or dangerous driving causing serious injury, can attract significant terms of imprisonment and must be defended with rigour and strategic preparation.

In some cases, it may be possible to contest the charge, negotiate a more favourable outcome, seek a special circumstances licence, or make submissions aimed at minimising the period of licence loss or the severity of the penalty imposed. Early legal advice can significantly improve the prospects of a better outcome.

Being charged with a criminal offence is one of the most serious situations a person can face. Whether you are charged with assault, theft, fraud, drug offences, sexual offences, property offences, or any other criminal matter, obtaining early and experienced legal representation is essential to protecting your rights and your future.

The criminal justice process in Victoria involves a number of stages, including bail applications, filing hearings, mentions, contested hearings or committals, pleas of guilty, and trials. Understanding how the process works and how best to navigate each stage requires thorough knowledge of criminal procedure and advocacy skills.

At Westgate Lawyers & Consultants, our criminal law team provides strategic advice and strong representation at every stage of the criminal justice process, from initial police questioning through to trial and, if necessary, appeal. We assess the strength of the prosecution's case, identify any weaknesses in the evidence, and develop a tailored defence strategy aimed at achieving the best possible outcome for you.

For people who are not Australian citizens, criminal charges and convictions can have serious visa and immigration consequences. Under section 501 of the Migration Act, the Minister has the power to refuse or cancel a visa if the visa holder does not pass the character test, which includes having a substantial criminal record — defined as being sentenced to a term of imprisonment of 12 months or more (whether served or not).

This means that the criminal law outcome and the immigration law outcome are deeply interconnected. A prison sentence that may seem lenient in criminal law terms could trigger mandatory visa cancellation under migration law. Understanding this intersection is critical and requires the expertise of lawyers who are knowledgeable in both areas.

If you are a visa holder facing criminal charges, it is essential that your criminal defence lawyer understands the potential migration consequences of any plea or sentence so that your legal strategy can be developed to minimise the risk of adverse immigration outcomes wherever possible.