Frichot Lawyers has experience and expertise in advising and representing clients in criminal matters should the need arise.
Representation is provided in the Magistrates Court, District and Supreme Courts for remands, status hearings, defended trials and pleas in mitigation. We also provide representation in disciplinary proceedings before Boards and Tribunals.
To ensure that you are given the correct advice from the outset and that your case is properly managed through the criminal justice process call Frichot & Frichot today. We often act for clients in these types of matters and have the experience to give you the best possible advice and explanation of the law. We will conduct a thorough investigation of your matters and look at every possible avenue for a defence or a sympathetic understanding of your case. We will advise you in a professional and confidential environment and with the utmost courtesy and respect.
Our Criminal Law Practice Areas
Drink-driving or drug driving
Driving while under suspension or disqualified
Some offences are penalised with mandatory cumulative disqualification periods.
Obtaining the right legal advice is very important, particularly in circumstances where there have been prior convictions for drink driving or driving whilst disqualified because the penalties become more severe with relevant prior convictions and can include imprisonment. We can advise you about whether there is a defence available to your charge, whether there is a risk of imprisonment if convicted, the minimum period of disqualification imposed for the offence and what the likely outcome would be if convicted of the charged offence.
Extraordinary drivers licence (EDL)
The court cannot grant you an extraordinary drivers licence if you are disqualified because of a demerit point suspension or for breaching a “double or nothing” good behaviour election.
- assault offences
- breaching Violence Restraining Order
- break and enter/burglary Offences
- drug offences – cultivation
- drug offences – cultivation, possession, sell/supply, dealing
- indecent dealing offences
- sex offences
- stealing/fraud offences
We can advise you in relation to sex related charges which range from cases of non-consensual sex to indecent assault, indecent dealing with an under age person or a relative, and to accessing, distributing and possessing child pornography.
We can also help you with Bail Applications so that you do not wait in prison for your case to be heard.
The presence of DNA and possible explanations for DNA on items by transfer can be significant issues in defending drug charges.
Confiscation of assets
An assault is essentially an application of force to another without consent. However, an accused person does not necessarily have to come into physical contact with the victim to constitute an assault.
Defences which may arise to an assault charge include:
- that the victim is not being truthful about what occurred
- that the victim is mistaken or incorrect
- the victim has failed to properly identify the accused as the person who offended
- self-defence or defence of another
- the accused had acted under duress
Violence Restraining Orders
Essentially there are two types of restraining orders: The first involves a situation where the person protected by the order is in a family or domestic relationship with the person against whom the order is made. The second involves a situation where the person protected is not in a family or domestic relationship with the person against whom the order is made, but where the court finds that there has been an act of abuse or personal violence committed against the person seeking to be protected and is satisfied that such an act of abuse or personal violence is likely to occur again in the future unless the person is restrained.
Misconduct Restraining Orders can also be made where violence or threat of violence is not present but misconduct is.
Frichot & Frichot Lawyers act for both applicants and defendants in VRO and Misconduct Restraining Order matters. To ensure that you are given the correct advice from the outset and that your case is properly managed through the court process call us today. We have the experience to give you the best possible advice and explanation of the law.
Recent changes to the law can mean a presumptive penalty of automatic imprisonment for three breaches of an order within 2 years. It is especially important to get legal advice when there are multiple charges of breaching a restraining order.
Spent conviction orders
The law in Western Australia provides that an application can be made to the court for a conviction to be spent immediately after sentencing. Under these circumstances, the offence is not recorded as a conviction. Under the Sentencing Act WA, a court sentencing an offender is not to make a spent conviction order unless –
- it considers that the offender is unlikely to commit such an offence again; and
- having regard to –
- the fact that the offence is trivial; or
- the previous good character of the offender,
it considers the offender should be relieved immediately of the adverse effect that the conviction might have on the offender.
Frichot & Frichot Lawyers can help you decide whether it is in your best interests to plead guilty early and maximise your penalty discount.
Under the Sentencing Act WA, a sentence of imprisonment is a sentence of last resort and a court sentencing an offender must not impose a sentence of imprisonment unless no other sentence is appropriate for the protection of the community.
We can represent you on an appeal against conviction and sentence.
It is very important that you exercise any right to make an appeal within strict time limits
Articles of Interest
Generally, a person suspected or accused of a criminal offence has the right to remain silent and not to incriminate him/herself. This means they can refuse to answer questions (except name, age, and address, or in the case of a direction under the Road Traffic Act...
The “do’s” and the “don’t’s” with regard to social distancing, the exceptions and the penalties At the start of this year, no one ever thought that normal everyday activities such as going out to the movies, the gym, or your favourite restaurant, are now...
Criminal law in the COVID-19 era has experienced rapid changes and the jurisdiction surrounding Bail is no exception. At Frichot Lawyers, we want to keep you informed about how these changes could impact Bail arrangements for you, or your family and friends. What does...
You can take it from us. The knowledgeable criminal law team at Frichot Lawyers want to keep you informed about why, in our experience, talking to the police might not always help you. These are some of the reasons why you may want to think twice: You simply don’t...
All jurisdictions in Australia with the exception of Victoria, Tasmania and the Northern Territory currently provide for criminal trials by judge alone under certain circumstances. Under what circumstances can you have a trial before a Judge alone? Most criminal...
All indictable offences may be tried on indictment, but some indictable offences may be tried summarily in the magistrates court if the Criminal Code, or another written law, provides for a "summary conviction penalty" for an indictable offence and the accused is...