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Criminal Law

 

At Tim Clarke and Co, we are experienced in all areas of criminal law. We listen to your story and help you understand your rights. We’ll work diligently with you to achieve the very best result for you.

Bail applications - read more ...

If you have been arrested and charged with an alleged offence, you usually have a right to bail. If you or someone you know needs to submit a bail application to be released from custody, our experienced staff can help you to lodge this application and ensure that you understand your legal rights.

Magistrates court - read more ...

The Magistrates Court of South Australia handles the greatest proportion of litigation in the state, dealing with summary and minor criminal matters.  Generally, matters in the Magistrates Court are less serious.  However, most people who are sentenced to imprisonment are sentenced by the Magistrates Court.  You can receive up to two years jail per charge in the Magistrates Court.  The Magistrates Court also has the power to make other orders that can affect you, such as taking your license away or fining you.

We are experienced at appearing in the Magistrates Court, ensuring that you get the very best result.

District court - read more ...

The District Court has the jurisdiction to try a charge of any offence, except treason or murder. The District Court handles more serious matters and is presided over by judges who are experienced in dealing with serious crimes.  There is no statutory limit on the sentence that a judge can impose.  If you have to appear in the District Court you really need to understand your legal position.

Almost all matters in the District Court have been referred to this court following a committal process in the Magistrates Court. The committal process can be important in your prospects of getting the best result.

If you need to attend the District Court, it is important to seek solid legal representation and advice. Contact us now for a free first interview.

Supreme court - read more ...

The Supreme Court is the highest court in South Australia and hears the most serious criminal charges and has unlimited jurisdiction in civil matters.  Only the Supreme Court can hear cases involving murder and treason. If your case is in the Supreme Court you should contact us now to seek legal advice and understand your rights for appeal.

Appeals - read more ...

Lodging an appeal against a conviction or against a sentence requires solid, experienced legal advice. Short time limits apply to appeals. We know and understand the court system and are here to help you lodge an appeal within the required time frame.

Whatever your criminal concern, we guarantee to provide you with straightforward advice and help you to understand your rights. Contact us now for help with any criminal matter.

Commonwealth offences - read more ...

If you are charged with a Commonwealth offence, different laws apply and your matter will be heard in a special court dealing with Commonwealth matters only.

The Commonwealth Director of Public Prosecutions is responsible for prosecuting Commonwealth offences.

Due to the complexity of Commonwealth legislation our experience will help you understand the charges you are facing and the possible consequences.  Penalties for Commonwealth offences can be severe, with imprisonment often imposed, so it is important that you obtain thorough legal advice.