Next Steps: Frequently Asked Questions
CRIMINAL PROCEDURAL RELATED
What happens if the police want to talk to me?
Yes! Users can add video from YouTube or Vimeo with ease:
Enter App Settings
Click the "Manage Questions" button
Click on the question you would like to attach a video to
When editing your answer, click on the video icon and then paste the YouTube or Vimeo video URL
That's it! A thumbnail of your video will appear in answer text box
How can you help me after I have been interviewed by police?
The FAQ title can be adjusted in the settings tab of the App Settings. You can also remove the title by unchecking its checkbox in the settings tab.
What if police do not release me from custody after a police interview?
What happens after I’ve been charged?
How long can the police keep me in custody?
What is the process once my case is listed in court?
What should I do if I am asked to give a police record of interview, what rights do I have?
Can the police search my property?
Is my local court open?
However, due to COVID-19, all attendances at a court building must be by prior arrangement (except for media and urgent family violence applications).
If you must attend court, please contact your local court and a registrar will assess your circumstances and allocate a time for your attendance.
I was due to appear in court this week – do I have to turn up?
In most cases, no.
Only urgent and priority hearings are proceeding and most of these cases are being heard via the Online Magistrates’ Court.
If your matter is not listed in the Online Magistrates’ Court, it will be adjourned.
You should receive a letter and/or text from the MCV regarding your upcoming hearing. If you are not contacted, you can use the Find a court date function on MCV website www.mcv.vic.gov.au. Check the website regularly.
If you are on bail, your bail will be extended without the need for you to appear.
If you need legal assistance you can contact us to assist.
I’m on bail – will I be arrested if I don’t turn up to court?
Not if you have received a communication from the court or your lawyer has told you your case is being adjourned. In these cases, your bail will be extended without you coming to court. If you are unsure contact the court where you were bailed to attend or contact us.
How will I be notified of the new court date and when?
If you are represented by a lawyer, the court will give them your new hearing date.
If you don’t have a lawyer you should receive a letter and/or text from the MCV regarding your upcoming hearing. If you are not contacted, you can use the Find a court date function on our website. Check the website regularly. Contact Us for Assistance.
I want to bring a person to support me in court – is that OK?
No one without urgent business before the court is allowed to enter our buildings as we try to protect our staff and other court users from COVID-19. Please contact your local court to discuss whether a support person may accompany you in your particular circumstances.
I’ve been charged with a driving offence – do I have to attend?
Most driving offences are summary stream matters and those will be adjourned to a future date. Your matter will be heard via the Online Magistrates' Court but you will be advised of the new date in the coming months.
If you are in any doubt you should speak to your lawyer or contact the court where your case is listed.
How do I become a Client?
Contact KLP today and speak to one of our friendly team who will assist you in becoming a client of ours. If the matter is urgent and you feel it requires our immediate attention call us on 03 5133 64 33.
What should I do if my family member or a friend has just been arrested?
Contact us immediately. We will act instantaneously and contact the police to find out where your family member or friend has been taken to ensure we provide them with the right legal advice.
If you or someone you know has been arrested but hasn’t been released after an interview by police, contact us immediately. We can see this person in custody and start working with them to commence an application for bail as quickly as possible. For more information contact us.
What is the difference between a solicitor and a barrister?
A solicitor is usually the first person you call when the police want to speak to you, or after you have been charged with an offence. Solicitors generally prepare your entire case for you, and amongst many other things:
• provide you with legal advice;
• have conferences with you, whether it be in their office or if you are in custody we will visit you in jail;
• draft court documents and letters;
• communicate with the courts, the police, prosecutors and forensic experts on your behalf;
• negotiate your case with police and prosecutors;
• obtain documents including briefs of evidence from the police;
• instruct barristers in court and often appear in court themselves;
• prepare briefs for barristers (i.e all the documents they require to represent your case)
Barristers are a type of lawyer, but their specialty is presenting your case to a Court and providing specialist advice. They are independent from solicitors firms and are self-employed.
What area of law do you practice?
We practice exclusively in criminal law. However, we acknowledge for a person facing criminal charges an overlay of applied law can occur and this can feel daunting. Do not stress our legal practice has built a confidential and trusted network of professionals in all areas of the law for the express purpose of serving our clients at a top standard.
FEES, COSTS & PRICING RELATED
Do you do legal aid work?
Do you have a payment plan?
Do you offer a no win no fee service?
Where can I find prices for your services?
FAMILY VIOLENCE RELATED
Will legal advice still be available?
Yes. You are encouraged to get legal advice before your court hearing date.
Contact Us Today for Assistance.
Do I need to attend my local court in-person for my hearing?
You do not need to attend your local court to have your matter heard.
The court will hear most family violence intervention order (FVIO) applications and hearings in the Online Magistrates’ Court and on the papers.
This means you can participate in court hearings via your phone, laptop or tablet. You will need an email address to participate in the online court.
Please make sure that your contact details are up to date – you can update your details by completing the notice of address form or via email or phone.
How can I apply for a Family Violence Intervention Order?
You can apply for a Family Violence Intervention Order (FVIO) online. Once the court receives your application, the family violence registrar will call you to explain the next steps.
If it is not safe for you to complete your application online, call the court to discuss your options.
You are permitted to travel more than 5km from your home if you need to attend a court to apply for an FVIO.
How can I vary, extend or revoke a FVIO?
You can access forms to vary, extend or revoke a family violence intervention order on MCV website.
If you cannot complete the form electronically, you can call the court to discuss your options.
If your application is urgent and you feel unsafe, you can call 000 and police can make the application for you.