Lauren Tye Legal · Resources

Criminal Law Insights

Clear, practical articles on Victorian criminal law, court process, intervention orders, bail, traffic offences, sentencing, and preparing for court.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

By Lauren Tye
6 min read
Updated April 18, 2026

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Comparing Criminal Lawyer Reviews: What Actually Matters

Reviews are a useful starting point, but for a criminal lawyer they should be read critically, not counted. What actually matters is whether reviews are specific and relevant to your court and charge, whether they show clear communication, honesty, and reliability, and whether the pattern across many reviews is consistent. What matters far less is the raw star rating, the total number of reviews, or claims about outcomes, because every case is different. The most reliable checks sit beyond reviews entirely, in the lawyer’s professional standing and your own first consultation.

By Lauren Tye
8 min read
Updated July 27, 2026

Can Police Reopen an Investigation After NFA?

Yes. In Victoria, police can reopen an investigation after NFA (no further action), because NFA is a decision not to proceed at the time, not a court finding that clears you. Whether they can lay a charge later depends on the type of offence: summary offences generally have a 12-month time limit, while indictable offences usually have none.

By Lauren Tye
9 min read
Updated July 27, 2026

Can You Contest an Intervention Order in Victoria?

Yes. If you are the respondent to an intervention order in Victoria, you can contest it, meaning you dispute the application and argue against the order at a contested hearing. But contesting is only one of four options, alongside consenting, consenting without admission, and offering an undertaking, and the right choice depends on the facts and what is at stake.

By Lauren Tye
9 min read
Updated July 26, 2026

Choosing a Criminal Lawyer With Court Experience That Matches Your Charge

Choose a criminal lawyer whose court experience matches both the court your case will be heard in and the type of charge you face. A matter in the Magistrates’ Court needs different experience from a jury trial in the County Court, and a specialist in your charge type, whether it is drink driving, drug offences, assault, or a sex offence, will know that area far better than a generalist. The best fit is a lawyer who regularly appears in the right court, has run cases like yours, will handle your matter personally, and is honest about your prospects and fees.

By Lauren Tye
8 min read
Updated July 24, 2026

Can You Get a Firearms Licence With a Criminal Record?

It depends. A criminal record does not automatically stop you getting a firearms licence in Victoria unless it makes you a “prohibited person” under the Firearms Act 1996 (Vic). Even if you are not a prohibited person, a record can still count against you under the separate “fit and proper person” test that every applicant must satisfy.

By Lauren Tye
9 min read
Updated July 24, 2026

Legal Aid vs Private Criminal Lawyer in Victoria

Legal aid is government-funded representation for people who pass a means and merits test, while a private criminal lawyer is one you choose and pay for directly. Legal aid is free or low cost but eligibility is limited, and private representation gives you choice, direct access, and dedicated attention at a price.

By Lauren Tye
9 min read
Updated July 24, 2026

How Long Does a Criminal Record Last in Victoria?

A criminal record in Victoria is permanent. It is never deleted, because Victoria Police keeps your criminal history on file for life, and the Spent Convictions Act 2021 is not an erasure scheme. What changes over time is not the record but its visibility. Most convictions become spent and stop appearing on standard police checks after a conviction period of 10 years for an adult, or 5 years if you were under 21, and some are spent immediately. Serious convictions can still show, and even spent convictions are disclosed for certain roles.

By Lauren Tye
8 min read
Updated July 23, 2026

Can a Magistrate Dismiss Charges Early?

Sometimes, but not simply because a charge looks weak. A magistrate in Victoria cannot throw out a charge at the first mention just because they doubt it. Charges are ended early only through defined routes, most commonly a no case to answer submission at a contested hearing, a defective or out-of-time charge, or the prosecution offering no evidence.

By Lauren Tye
8 min read
Updated July 23, 2026

How Long Do You Have to Wait to Apply for a Spent Conviction?

For most convictions, you do not apply at all. They become spent automatically once a “conviction period” passes without reoffending, which is 10 years for an adult and 5 years if you were under 21 when you committed the offence. Some convictions, such as a finding of guilt with no conviction recorded, are spent immediately with no waiting period. A serious conviction is different, because it does not spend automatically and requires an application to the Magistrates’ Court, which you can only make once that same conviction period has expired.

By Lauren Tye
8 min read
Updated July 22, 2026

Start Here

Three foundational guides for understanding common stages and outcomes in Victorian criminal matters.

Guide 01

Bail Refused in Victoria: When Can You Make Another Bail Application?

After bail is refused in Victoria, you can generally only make another application if there are new facts or circumstances that were not before the court, or you were not legally represented last time. You can also apply to the Supreme Court, which can hear a fresh bail application.

Guide 01

Someone Has Been Remanded: What Should Their Family Prepare for a Bail Application?

When someone is remanded in Victoria, their family can make a real difference by preparing a bail application. The most useful things to gather are a genuine surety, a stable address, proof of work, and character references, all aimed at reducing the risk the court is concerned about.

Guide 01

Urgent Bail Applications in Victoria: What Needs to Be Prepared Before Court?

An urgent bail application in Victoria is won on preparation. Before court you need a genuine surety, proof of accommodation and work, character references, and a realistic set of conditions, all ready to present so the first application is your strongest.

More from the insights library

Foundational explainers and recently updated guides.

These resources are general information only and are not legal advice.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

Charges We Defend
. 6 min read

Common Assault vs Aggravated Assault: What’s the Difference?

Common assault and aggravated assault are both charged under the Summary Offences Act 1966 (Vic), but aggravated assault involves specific circumstances of aggravation, such as acting in company with another person or using a weapon, which carry higher maximum penalties than common assault alone.

Charges We Defend
. 5 min read

Hoon Driving Laws in Victoria: Impounding and Charges Explained

Victoria’s anti-hoon laws let police impound or immobilise a vehicle on the spot for up to 30 days for a first hoon offence. A magistrate can order impoundment or immobilisation for up to 3 months for a second offence within six years, and a third offence within that period opens the door to permanent forfeiture.

Charges We Defend
. 6 min read

Driving While Suspended in Victoria: Penalties and What Happens in Court

Driving while suspended in Victoria is a criminal offence under section 30 of the Road Safety Act 1986, carrying up to 240 penalty units or 2 years imprisonment. It is heard in the Magistrates’ Court, though a suspension for unpaid Fines Victoria fines is treated less seriously.

Charges We Defend
. 4 min read

How Can You Defend a Driving While Disqualified Charge in Victoria?

A driving while disqualified charge in Victoria can be defended. Real defences include an honest and reasonable mistake that you were entitled to drive, that you were not the driver, or that you were not actually disqualified. Each turns on the facts and the evidence.

Charges We Defend
. 4 min read

Repeat Driving While Disqualified in Victoria: Can You Go to Prison?

Yes, you can go to prison for repeat driving while disqualified in Victoria. The offence carries up to 2 years imprisonment under section 30 of the Road Safety Act 1986, and repeat offending moves imprisonment from unlikely to a real prospect, though it is not automatic.

Charges We Defend
. 4 min read

Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about court, police, or prosecution.