Based on the Crimes Act 1958, someone can go to jail for threatening to kill another person. That threat must either be made with the intention that someone else would believe it or is reckless regarding whether the other person would fear the threat would be carried out. In other words, the threat must be
The “standard of proof” in a legal matter is the amount of evidence required to return a verdict in favour of the plaintiff or, in a criminal case, the prosecution. It is not possible to be 100% sure that a verdict should be in favour of one party or the other, so standards of proof
A court order is any order issued by the court that sets out someone’s rights and responsibilities under the law. Courts use orders to administer justice across virtually every type of case, from civil law to criminal proceedings. Court orders are treated as law—which means that violating a court order is a violation of the
If you’ve been charged by the police in Victoria, it’s important to understand that the police will determine whether to lay charges based on the evidence they’ve collected. Simply put, the police will lay charges if they believe that the evidence against you is strong enough to indicate that you likely committed a crime. When
A character reference is a letter written for a court hearing that describes a person’s qualities and behaviour, which provides some insight to the Judge or Magistrate into the individual’s character and reputation. A good character reference letter can potentially make a difference in a judge’s decision, highlighting the defendant’s positive traits and making a
Smartphones make it easier than ever to track people. For some, the ease of tracking can make them uneasy about whether they are being tracked at all times. You generally do not have to worry about the police in Victoria tracking your phone in most circumstances. However, the police can track your phone in Victoria
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Awesome lawyers. They have great knowledge and skills and know how to work with people to get the best results. I needed answers when I got in trouble for assault and thank god I called Josh Smith because he was kind, helpful and gave me all the info I needed to get through my stressful time. We got a great result in court even tho I have been in trouble with the cops before and now I can get back to my family and my job thanks to the hard work!
Josh is an excellent lawyer for drink driving cases…he is always happy to listen, answer my calls day and night and on weekends and gave me clear advice the whole time. He is also a gun in court and was able to get me no conviction and a small fine when other lawyers told me I would be in much more trouble. Thank you josh for your hard work and I highly recommend you
