Criminal Defence Barristers & Solicitors

Areas of Practice

The team at Markotich Lawyers are all highly experienced criminal lawyers. We appear daily as advocates and criminal defence lawyers in Melbourne (and wider Victoria) courts, representing clients across a broad variety of matters.

If you, or someone you know, have been remanded in custody by police, we can assist. We will attend upon you while you’re in custody and appear on your behalf for a bail application.

If you have been charged with an offence and received a summons to go to court, our lawyers can appear on your behalf in all matters. This includes motor/road traffic offences, intervention orders, drug offences, violent crimes and sexual assaults.

Courts and Tribunals

  • High Court of Australia
  • Supreme Court of Victoria
  • County Court of Victoria

.

  • Magistrates’ Court of Victoria
  • Children’s Court of Victoria
  • Coroner’s Court
  • Australian Crime Commission

Find my charge

What charge/offence are you enquiring about? 

    As a leader amongst criminal law firms in Melbourne, Markotich Lawyers offers extensive expertise and experience in the following areas of practice:

    Drug Matters

    Drug trafficking, cultivation and possession offences can attract significant penalties including immediate jail terms. If you have been arrested in relation to drug offences, it is important that you obtain sound advice as soon as possible and prior to participating in a police interview.

    Markotich Lawyers has extensive experience in drug cases, including complex matters involving surveillance and covert operatives, the possession and cultivation of drugs in commercial quantities, and street-level trafficking. Markotich Lawyers prides itself on our strong knowledge of police warrant and search powers, and many other issues central to drug cases. We also have a large referral network to assist people suffering from issues with substance abuse and addiction.

    Common offences relating to drug matters:

    • possession
    • trafficking
    • cultivation
    • manufacture

    Dishonesty, Theft and Fraud

    Dishonesty and fraud offences include theft, robbery, armed robbery, burglary, aggravated burglary, handling stolen property, money laundering, forgery, and bribery. Offences can range from the theft of a chocolate bar to multi-million dollar fraud.

    For minor offences, the severity of the penalty itself may be light but the consequences of having a criminal record may have a significant impact on a client’s life. It might prevent them from obtaining a job they want or limit their options for overseas travel.

    Common offences relating to dishonesty, theft and fraud:

    • Shop thefts
    • Thefts
    • Handling stolen goods
    • Robbery
    • Armed robbery
    • Burglary
    • Aggravated burglary
    • Credit card fraud
    • Identity fraud
    • Corporate crime
    • Falsification of documents
    • WorkCover / Centrelink / TAC fraud
    • Embezzlement

    Driving Offences

    Losing your driver’s licence can impact your employment, social life, relationships, and general mobility. Some driving offences can attract serious penalties, including mandatory cancellation and disqualification of your driver’s licence, as well as a substantial term of imprisonment.

    Engaging an experienced solicitor to represent you can help you maintain your livelihood, as well as your liberty.

    Common charges relating to driving offences:

    • Driving whilst suspended
    • Driving whilst disqualified
    • Dangerous driving
    • Unlicensed driving
    • Hoon driving
    • Drink driving
    • Drug driving
    • Culpable driving
    • Other traffic offences

    Assaults and Violence Matters

    There is a spectrum of violence charges from intentionally causing serious injury to general unlawful assault. Penalties can include imprisonment, so it is important you get sound advice as soon as possible.

    The team at Markotich Lawyers is also very experienced at running identification defences and self-defence matters. Even if you admit some wrong conduct, the skilled negotiation of charges can be crucial to avoiding significant consequences, such as a jail term.

    Common charges relating to assaults and violence matters:

    • Unlawful assaults
    • Causing injury intentionally or recklessly
    • Causing serious injury intentionally or recklessly
    • Affray
    • Murder
    • Manslaughter
    • Threat to kill / inflict serious injury
    • Family and domestic violence

    Property Damage

    The offence of damaging property can range from the fairly minor (breaking a window) to major offences (arson). Penalties can vary, so it is important you get the right advice as soon as possible.

    Common offences relating to property damage:

    • Criminal damage
    • Wilful damage
    • Arson

    Sexual Offences

    Sexual offences are inherently serious and can vary from indecent assault, rape, sexual penetration of a child and incest, to possessing or producing child pornography. Sexual offences are incredibly complex and often rely on multiple different versions of the same event.

    Some issues in sex cases that are brought to trial include:

    • Was there consent to what happened?
    • When did the complainant first make a report of the incident and to whom?
    • Has the complainant made a compensation claim?
    • Where there is more than one complainant: can the trials be separated?
    • What evidence can be led about the complainant’s inconsistent behaviour?

    Whether you are innocent or not, facing an allegation of sexual assault is serious and can be very stressful. Extensive preparation backed by a solid and experienced legal team is vital to ensure the best outcome is achieved.

    Common offences relating to sexual assault:

    • Indecent assault
    • Incest
    • Rape
    • Sexual penetration of a child
    • Indecent acts
    • Child pornography

    Commonwealth Matters

    Federal law is a specific area of law and complex to understand. The services of a lawyer experienced in dealing with Commonwealth prosecutions is essential, as Commonwealth prosecutions are rarer and different laws and sentencing regimes apply.

    Common offences relating to Commonwealth matters:

    • People smuggling
    • Grooming/procuring child under 16 for unlawful sexual activity
    • Possession/accessing/distributing child pornography
    • Centrelink fraud

    An intervention order is imposed by a magistrate and prohibits another person from certain action in regards to you (if you are the applicant), or prohibits you from certain action in regards to another person (if you are a respondent). This can include contact or communication, family violence, intentionally causing damage to property, and restrictions on publishing information on the internet.

    There are two types of interventions order:

    The first is a family violence order (FVO), which is designed to protect you from a family member who is violent towards you.

    The second is the personal safety intervention order (PSO) and this is to protect against violence from people who are not family members.

    An Intervention Order application may resolve with the consent of the other party or it may run to a contesting hearing where the applicant gives evidence. We provide representation for both types of orders whether you are the applicant or respondents.

    Intervention Orders (IVO) are becoming more and more common in legal proceedings, especially where allegations of domestic or family violence are involved.

    There two most common types of IVOs are:

    Personal Safety Intervention Order

    Any person who has been the victim of threats, family (emotional, physical, sexual, financial) violence, or feels their personal safety is at risk from another party, can make an application for a Personal Safety Intervention Order (PSO). In order to do so, the applicant must make an appointment at their local Magistrates’ Court, and complete a detailed application form. Depending on the grounds of the application, the court registrar may: (i) put the application immediately before a magistrate; or (ii) set down a court date in the near future to allow the respondent time to consider the application and attend court to answer the allegations.

    Family Violence Orders

    A Family Violence Order (FVO) is an order put in place by Victoria Police on behalf of a complainant, where the complainant is alleged to be a victim of family violence. FVOs are imposed against accused persons as a matter of police policy in family violence cases. These orders are usually put in place on an immediate, interim basis for a 24–48 hour period, until the matter can be put before a magistrate.

    Whether a PSO or a FVO, intervention orders and the court proceedings surrounding them, can be very lengthy, emotional and complex matters. Having legal representation at every stage of the IVO process is essential, as agreeing to an IVO (of any kind) must be treated with the utmost seriousness. Breaches of these orders are punishable by up to two years’ imprisonment and/or huge fines. There are also serious repercussions for people who hold firearms licenses or are involved in Family/Federal Court proceedings.

    Our Senior Associate, Katherine Poppitt, is very experienced in all forms of intervention order matters. She routinely appears in the Magistrates’ Court on behalf of both applicants and respondents, and has also instructed counsel in a number of intervention order appeals in the County Court of Victoria. Contact our office today to make an appointment and take advantage of Katherine’s knowledge and experience.

    Criminal offences committed by minors (people under the age of 18) are dealt with in the Children’s Court. We are all experienced Children’s Court practitioners, familiar with the different processes and sentencing practices employed by Children’s Court magistrates.

    Unlike the adult jurisdiction, the primary focus of the Children’s Court is to provide support and rehabilitation to young offenders. The sentencing options are much wider – and sometimes more complex – than the adult criminal justice system. It is important to have the representation of a knowledgeable and experienced legal team to help navigate this jurisdiction, in order to obtain the best outcome for the child (and their family).

    Our Senior Associate, Katherine Poppitt, has extensive experience in the Children’s Court jurisdiction and is very knowledgeable about the different and often complex sentencing options and considerations taken into account when dealing with child accused.

    She has represented clients charged with a variety of offences, from minor shop thefts through to armed robberies. She is a very experienced Children’s Court practitioner who is well versed in the unique rules and rituals of the jurisdiction.

    If you or your child has been charged with a criminal offence, contact Katherine today and allow her to guide you and your family through the Children’s Court process.

    Special Circumstances Applications – Infringements Court

    We can help you with your special circumstances application, taking you through the process and giving you the best chance of success. A special circumstances application requires you to demonstrate to the Infringements Court that your fines were incurred and/or can’t be paid, due to the existence of “Special Circumstances”, as defined by section 16 of the Infringements Act.

    Specifically, you must demonstrate that, at the time the fines were incurred, or currently, you are experiencing:

    • A serious mental or intellectual disability or disease;
    • A drug, alcohol or volatile substance addiction; or
    • Homelessness or without a stable place to live for an extended period of time.

    The law states that you may not have to pay your fines if you were in a special circumstance and found it difficult to not break the law. This means:

    • You could not control your behaviour; or
    • That you did not understand you were breaking the law.

    The application process involves accepting that you have broken the law and pleading guilty in court. If you dispute that you broke the law, you will need to seek further legal help.

    Special circumstances applications are often incredibly complex and require a knowledgeable, experienced practitioner to properly assess and prepare a successful application.

    Daniella Markotich, Principal of Markotich Lawyers, and Caitlin Dwyer, Associate, have assisted many clients in successfully obtaining a substantial reduction of their fines, regularly persuading the court to grant a full discharge.

    Their success is based in the extensive preparation they undertake before each application; both Daniella and Caitlin always ensure they obtain the best material possible prior to making the special application. This guarantees you the best chance of success.

    Make an appointment with Daniella or Caitlin today and ensure you have the best representation possible.