Get Expert Legal Advice From One Of The Highest Rated Criminal Law Firms In Melbourne
If you’re facing criminal charges, you shouldn’t risk defending your own case in court. To give yourself the greatest chance of avoiding a wrongful conviction or an excessively harsh sentence, you need an experienced criminal defence lawyer in Melbourne, and one with a record you can actually check.
At Josh Smith Legal, we’ve defended thousands of clients across every type of criminal charge, from the Magistrates’ Court through to the Supreme Court and the High Court, in Victoria and interstate. Our excellent track record of beating serious charges, or having them downgraded or withdrawn, could help you protect your future and avoid serious fines and jail time.
What Criminal Charges Do We Handle?
These are the types of criminal charges we often assist clients with:
- Drug offences & trafficking
- Assault & violence
- Sex offences
- Fraud & dishonesty
- Weapons & firearms
- Bail applications
- Intervention orders
- Domestic violence
- Appeals
- Murder & manslaughter
- Armed robbery
- Drink driving & traffic offences
Courts We Appear In
We have extensive experience representing clients in:
- Magistrates’ Court of Victoria
- County Court of Victoria
- Children’s Court of Victoria
- All Regional Victorian Magistrates’ Courts
- Supreme Court of Victoria
- Court of Appeal of the Supreme Court of Victoria
- High Court of Australia
- Interstate courts where we are entitled and instructed to appear
Which court hears your matter depends on the charge, whether it can be heard summarily, and the procedural decisions made along the way. Summary offences and most indictable offences heard summarily stay in the Magistrates’ Court of Victoria. More serious indictable charges are committed to the County Court or the Supreme Court of Victoria.
Facing Charges & Need Legal Advice?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Act Quickly
If you’ve been charged with a criminal offence, getting legal advice as early as possible gives your lawyer the most options – including the opportunity to engage with police or prosecutors before your first court date, which can sometimes lead to charges being withdrawn entirely.
If your first court date is approaching and you don’t yet have a lawyer, call Josh Smith Legal immediately on 03 8658 5872.
Why Choose Josh Smith Legal?
If you’re choosing a criminal defence lawyer in Melbourne, you need a firm with an established track record. Here’s what sets us apart.
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We’re Available When You Need Us Most
24/7, 365 days a year – including nights, weekends and public holidays. Criminal charges don’t happen on a schedule. Whether you’ve just been arrested or your court date is tomorrow morning, we pick up the phone. Legal emergencies can’t wait for business hours.
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Free Case Evaluation & Initial Phone Consultation
No commitment, no cost. Just clear advice from the start. Call us and we’ll listen to your situation, explain your options, and tell you exactly how we can help, before you spend a cent. There’s no obligation to proceed.
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A Proven Track Record Across Every Type Of Charge
Thousands of cases defended across all Victorian courts. From drink driving and drug offences to assault, sex offences, and murder. We’ve defended clients at every level of the court system, including matters where charges were withdrawn, downgraded or beaten outright at a contested hearing.
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Over 200 Five-Star Reviews On Google
We hold a 4.9-star rating from over 200 reviews on Google, one of the highest of any criminal law firm in Melbourne.
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Access To Victoria’s Leading Barristers & King’s Counsel
Josh personally briefs some of Australia’s most highly regarded KCs and barristers when your case demands it. You get senior representation at every level.
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Flexible & Transparent Fees
We’re upfront about fees from day one and work around your budget wherever possible. We believe cost should never stand between someone and proper legal representation.
Facing Charges & Need Legal Advice?
If you’ve been arrested or charged call us immediately, we’re available 24/7
How The Criminal Justice Process In Victoria Works
Understanding what happens after a charge is laid can help you make better decisions. Here is a simplified overview. For published data on what Victorian courts actually impose for a given offence, the Sentencing Advisory Council is the authoritative source.
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Police Lay Charges
After police lay charges, you may be charged and summonsed to attend court, granted bail at the police station, or held in custody and required to apply for bail in court. This is the moment to call a lawyer, because decisions made at this stage can shape the entire course of your case.
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First Court Date (Mention/Filing Hearing)
A Mention or Filing Hearing is typically used to set dates and deal with procedural matters, although in some cases a plea may also be entered at this stage.
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Your Lawyer Investigates The Charges
We review the full brief of evidence – police statements, CCTV, forensics, witness accounts – and advise you on your options, including whether to contest the charge or negotiate with the prosecution.
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You Enter A Plea (Guilty Or Not Guilty)
Based on the evidence and your legal advice, you enter a plea. Not guilty leads to a contested hearing. Guilty leads to sentencing submissions where your lawyer’s skill in presenting your circumstances can significantly affect the outcome.
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What Happens Next
If you pled not guilty the matter proceeds to trial or contested hearing. If you pled guilty or are found guilty, sentencing submissions are heard and a sentence is imposed.
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You May Be Able To Appeal A Conviction Or Sentence
Criminal appeal deadlines are strict. In many cases you have 28 days, but some deadlines are shorter and the correct pathway depends on the court and the decision, so get advice immediately. Our lawyers have won appeals in the County Court, Supreme Court, and Court of Appeal.
Charged With A Crime? Let Us Help You Get The Best Possible Outcome
Criminal charges in Victoria can result in fines, a conviction on your criminal record, loss of your licence, firearm restrictions, travel or visa consequences, professional registration issues, and in serious cases, imprisonment. The outcome isn’t fixed, but it is heavily influenced by the quality of your legal representation.
We know the courts, we know the law, and we know how to build the strongest possible case for you – whether that means fighting the charge outright, negotiating with prosecutors, or making submissions that significantly reduce the penalty you face.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Do I need a criminal lawyer if I’m guilty?
Yes. A guilty plea without skilled legal representation often results in a far harsher outcome. Even where you accept responsibility for what occurred, we can assess whether diversion may be available, make representations seeking the withdrawal or amendment of charges, negotiate whether a less serious charge is appropriate, advise you on your plea, and make strong submissions in your favour at sentencing.
How much does a criminal lawyer in Melbourne cost?
It depends on the charge, the court, and whether the matter is contested or resolved by a plea. We’re upfront about fees from the first conversation and work around your budget wherever possible. Your initial phone consultation is free, and you’ll know where you stand on cost before you commit to anything.
Can charges be dropped before going to court?
Yes. Charges can be withdrawn, amended or replaced with less serious charges before a hearing, particularly where the evidence is weak or the brief has gaps. We can make early written representations to Victoria Police or the Office of Public Prosecutions, depending on who has conduct of the matter, seeking withdrawal, amendment or reconsideration. It works best before positions harden.
What happens at a first court date?
The first date is usually a Mention or Filing Hearing. It is generally used to set timetables and deal with procedural matters rather than to resolve the case, although a plea can sometimes be entered at this stage. Having a lawyer appear for you means the right dates are set, nothing is conceded by accident, and negotiations can begin straight away.
Can I represent myself in a criminal case?
You can. Whether you should is another question. Prosecutors are experienced, the rules of evidence are unforgiving, and sentencing outcomes turn heavily on how your circumstances are presented. People who represent themselves routinely receive worse outcomes than they would have with a lawyer, including on charges they may have been able to beat.
This page is general information about criminal law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
