Frequently Asked Questions
What happens when you take on my criminal case?
Once you engage us, we get your charge sheets and request the police brief. We go through the evidence carefully and explain your options in plain English. Your first court date is usually a ‘mention,’ where the court checks whether you plan to plead guilty or not guilty. If the matter needs negotiation or more work, it gets moved to later dates for discussions or a contested hearing.
What is the court process for more serious (indictable) charges?
Serious charges start in the Magistrates’ Court with a short hearing to set deadlines. You’ll then receive a full brief containing statements, forensic material and your record of interview. Later stages involve deciding whether you will fight the charges or plead guilty. If your matter goes further, witnesses can be questioned, and the case may move to the County or Supreme Court, depending on the offence
What if my case goes to trial?
If your matter proceeds to trial, several steps happen first: meetings with the judge, discussions about evidence and preparation, then a plea hearing or a jury trial. A jury decides guilt or innocence. If you disagree with the outcome, you can apply to appeal the result or the sentence.
Do I need a lawyer for a police interview?
Yes. You should always speak to a lawyer before you talk to police. You only need to give your name and address. Staying silent does not mean you’re guilty – it’s a legal right.
Can police search my home?
Police can only search your property if they have a lawful reason or a warrant. If you’re unsure, call us immediately.
How does bail work?
Police can hold you for a short time, but a court decides whether you get bail. If bail is refused, you can only apply again in limited situations, unless something significant changes.
Will my matter be in the Magistrates’, County or Supreme Court?
It depends on the type of charge. Minor or ‘summary’ offences stay in the Magistrates’ Court. More serious or ‘indictable’ matters go to the County or Supreme Court. Some charges can be heard in the Magistrates’ Court if you agree.
What’s the difference between a solicitor and a barrister?
A solicitor prepares your case, deals with the paperwork and often appears in court. A barrister usually argues the matter in higher courts. Our senior lawyers regularly appear in court themselves, so you don’t automatically need a barrister, unless your case requires one.
How much will my case cost?
We discuss your options with you and give you a written breakdown of fees. We aim to keep costs clear and predictable.
Can I get my legal costs back if I win?
In the Magistrates’ Court, sometimes yes – the Magistrate decides. In higher courts, cost recovery is generally not available.
What should I do if Child Protection contacts me?
Speak to a lawyer straight away. What you say early on can affect the entire case. We help you understand your rights and deal with the Department safely and confidently.
Can an Intervention Order or AVO affect my family law case?
Yes. These orders can influence parenting time, living arrangements and how the court views safety concerns. It’s important to get legal advice if you have both matters happening at once.
What’s the difference between an Intervention Order and an AVO?
Intervention Orders (IVOs/FVIOs) apply in Victoria. AVOs (ADVOs/APVOs) apply in NSW. They work differently, depending on the state and the relationship between the people involved.
How long does a criminal or family law case take?
Some matters are resolved quickly. Others take months and require several court dates. We explain each step clearly, so you always know what’s happening.
Why choose Ciantar Greiner?
We handle criminal law, family law, child protection and intervention orders all in one place, so you don’t need multiple lawyers. We move fast, prepare thoroughly and represent you with confidence in court.