Accredited Criminal Lawyers Melbourne
Summary Hearing Lawyers in Victoria
Expert Defence in the Magistrates' Court of Victoria. If you've been charged with an offence, one of the first things we assess is which stream of the criminal process your case falls into. That classification matters because it dictates how your case moves through the court system, what preparation is required, and what outcomes are realistically achievable.
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The Criminal Process In Victoria
At Emma Turnbull Lawyers, our team practises exclusively in criminal law and intervention order matters. We appear in the Magistrates' Court every day and guide clients through the summary stream with clear advice, strong advocacy and strategic preparation.
At Emma Turnbull Lawyers, we guide our clients through every stage, making sure you are prepared, informed, and represented. There are two main streams in the Victorian criminal process:
Summary Stream
•Matters that usually begin and end in the Magistrates' Court
•Include driving offences, drug possession, assault, property damage, burglary, dishonesty offences, breach offences (including intervention order breaches)
•Determined by a Magistrate (not a judge and jury)
•Include driving offences, drug possession, assault, property damage, burglary, dishonesty offences, breach offences (including intervention order breaches)
•Determined by a Magistrate (not a judge and jury)
Committal Stream
•More serious allegations that may proceed to the County or Supreme Court for trial
•These matters start in the Magistrates' Court as committal proceedings
•Move into the higher courts for final hearing
•These matters start in the Magistrates' Court as committal proceedings
•Move into the higher courts for final hearing
What Are Summary Offences?
In Victoria, offences are commonly described as either summary or indictable.
Summary offences are generally less serious than indictable offences and are dealt with in the Magistrates' Court, where your case is determined by a Magistrate (not a judge and jury). Even though they are "less serious" on paper, they can still carry serious consequences, including loss of licence, significant fines, community-based orders, and in some cases imprisonment.
The steps below outline the key stages for a matter proceeding through the committal stream:
Mentions: Your First Court Date
A mention is usually your first appearance in the Magistrates' Court. Before the mention date, our team will:
Obtain the preliminary brief of evidence (or request further material if needed)
Review the case with you and take instructions
Prepare a plan for resolution (or defence preparation, if you're contesting)
In many cases, we will also conduct a summary case conference with police prosecutors. This is where early negotiation can happen, including narrowing issues, clarifying disputed facts, and sometimes resolving charges.
If an agreement is reached and you are ready to proceed, your matter may resolve at the mention. If not, it may be adjourned for a plea hearing or further mention to obtain outstanding material.
If you intend to dispute the allegations, the matter progresses towards a contest mention.
Contest Mentions: When the Case Is in Dispute
A contest mention occurs when you plead not guilty to the charge/s and/or you dispute some or all of the allegations. The purpose is to:
Identify exactly what is in dispute
Ensure all material is obtained and ready
Prepare a plan for resolution (or defence preparation, if you're contesting)
Explore whether the matter can resolve before a contested hearing
This is also the stage where a sentencing indication may be available. If the Magistrate provides an indication and you accept it, the Court cannot later impose a harsher sentence. That can be an important tool but it must be assessed strategically, based on your circumstances and the evidence.
At contest mention, the Court may ask about:
Estimated hearing length
Witnesses for cross-examination
The legal/factual issues in dispute
Subpoenas, expert reports and outstanding disclosure
Interpreter or technology requirements
Contested Hearings: A "Trial" in the Magistrates' Court
A contested hearing is the defended hearing where the Magistrate decides whether you are guilty or not guilty. At a contested hearing:
The prosecution presents its evidence and calls witnesses
The defence cross-examines those witnesses
The defence may then call witnesses and tender evidence
You will decide (with advice) whether you give evidence
Both sides make submissions
The Magistrate delivers a verdict with reasons
Contested hearings require strategy, preparation and strong courtroom advocacy. We are deliberate about what matters are contested, what issues are challenged, and what evidence is required to win.
If You Are Found Guilty After a Contested Hearing
If you are found guilty, your lawyer will proceed to a plea in mitigation. This is where we put forward the strongest case about you as a person and your personal circumstances, including:
Your background and personal context
Rehabilitation steps (counselling, treatment, programs)
The defence may then call witnesses and tender evidence
Work, family and financial impact
Character references and supporting material
Any explanations that legitimately reduce seriousness
If You Are Found Not Guilty After a Contested Hearing
If the Magistrate finds you not guilty, you are acquitted and the matter ends. Your bail conditions will cease and you can move forward knowing the charges have not been proven.
Where appropriate, we can also apply for costs against police.
Sentencing is not an afterthought, it is a phase that requires planning and careful preparation to protect your future and minimise damage.
Why Clients Choose Emma Turnbull Lawyers for Summary Crime
Every case is overseen by an Accredited Criminal Law Specialist.
At Emma Turnbull Lawyers, every partner is an Accredited Criminal Law Specialist, a qualification held by only a small number of lawyers in Victoria.
This means your matter is not delegated or handled by generalist practitioners. You receive experienced, specialist advice from lawyers who focus exclusively on criminal law and intervention order matters.
We provide strategic guidance, strong advocacy, and representation tailored to the seriousness and complexity of your case. If you've been charged, have a mention, contest mention, or contested hearing listed in the Magistrates' Court, speak to a criminal defence lawyer as early as possible. Early action gives you the best chance to resolve the matter well or defend it properly.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions. We appear in the Magistrates' Court every day.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation backed by strong negotiation.
Contact Melbourne's Leading Criminal Lawyers
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