Criminal Defence Barristers & Solicitors

Services

24×7 Emergency Legal Assistance by telephone service

We provide a reliable telephone service to assist clients in obtaining legal advice prior to police interview, or for urgent remands and bail applications. The telephone service is attended by a solicitor and advice can be given immediately and without cost.

Legal advice

If you are being interviewed or charged with an offence by the police, you should seek reliable legal advice as soon as possible. It is important to contact a lawyer before you answer any questions in a recorded interview. Knowing your legal rights and responsibilities from the outset will help ensure the best outcome for your case in the long term.

From your first consultation, the team at Markotich Lawyers will take the time to understand your case and develop a strong rapport. They will help you manage the interactions you have with the police and the legal system, ensuring your rights are protected.

The strong relationships we develop with our clients stem from the trust they have in our commitment, knowledge and experience. More than offering advice, we are advocates who truly represent the interests of all our clients.

Dealing with the legal system is a stressful process and it is vital that you understand how the law applies to your circumstances. At Markotich Lawyers, we will provide unbiased, genuine advice to help ensure the best possible outcome for your case.

Criminal trials

Our dedicated team of criminal lawyers is experienced in conducting County and Supreme Court trials.

When you engage the legal services of Markotich Lawyers, you will benefit from our expertise in complex criminal cases. This includes matters involving surveillance and covert operatives, violent crimes and sexual offence matters.

We know the courts and how they work, ensuring that you will be protected throughout the entire process. Markotich Lawyers prides itself on a vast professional support network featuring the most talented and experienced barristers — instructed by our team — to represent you in court, from an early stage in proceedings.

Bail applications

Markotich Lawyers has an excellent history in obtaining bail for our clients in the Magistrates’, County and Supreme Courts of Victoria. We have earned an impeccable reputation for our thorough preparation of bail applications and routinely consider options that other practitioners might not. This can include providing forensic psychological evidence as to a client’s risk of reoffending or bailing a client to residential rehabilitation facility.

If you or someone close to you is in custody, we can help. We can attend to you while in remand, as well as appear on your behalf to apply for bail. We have a detailed knowledge of the process, which will help ensure your application passes through the system smoothly.

The appeals process

In regards to the law, an appeal is a process for requesting a formal change to an official decision. The most common appeals are against the outcome of Magistrates’ Court matters. These appeals are heard in the County Court and can be lodged against conviction, sentence or both conviction & sentence.

The appeal paperwork must be lodged within 28 days from the date of sentencing in the Magistrates’ Court; otherwise you must make an application to appeal out-of-time.

The appeal process is complicated and you will need an experienced law firm that routinely conducts all types of appeals to give your case the best chance of success. This information is available from the Australasian Legal Information Institute.

If you feel a decision against you was incorrect or biased or that evidence that should have been considered but wasn’t, we can initiate and guide you through the appeals process. It differs significantly from the initial phase of litigation and our team can help you try to achieve a more favourable outcome.

Intervention orders

An Intervention Order is an order imposed by a Magistrate which prohibits a person from certain action in regards to another person/s. This can include contacting or communicating with the protected person/s, committing family violence, intentionally causing damage to property and restrictions on publishing information relating the protected person.

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.

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.

Why choose Markotich Lawyers?

Markotich Lawyers are committed to providing the highest quality of representation and emergency legal assistance for our clients. We assess each case individually, carefully considering the appropriate course of action to achieve your desired result.

We offer clients a boutique service including:

  • Result-focussed personalised service with an attention to detail
  • Continuity of practitioner, with no junior or inexperienced staff
  • Experience in contesting difficult and complex cases
  • A strong network of experienced barristers and professional service providers, engaged early in your matters
  • Regular client contact
  • Competitive professional fees
  • Proven consistent results — reflected in our case success rate and loyal client base

Unlike most criminal law practices in Victoria, Markotich Lawyers is not a split practice with Legal Aid-funded files — which necessitates high-volume file loads — so our experienced team can dedicate time to your matter.