MK Law

12/07/2023

DRUNK IN PUBLIC???

From November this year onwards it will now not be illegal to be drunk in a public place - no more drunk tank or getting locked up to sober up!!

This is because it is being treated as a health and well-being issue, rather than a criminal offence.

Time will tell if other crimes take the place of public drunkenness as Police may look to substitute offences that they can charge people with such as offensive behaviour rather than act as a Mums taxi to take drunk people home or to a medical facility.

If you have a criminal law matter involving alcohol we can help, get in touch with Michael Kuzilny or Marcus Denning of our firm anytime on 1800 130 120 or click on the send message button on our page for a chat.

www.mklawfirm.com.au

https://www.dailymail.co.uk/news/article-11967659/amp/Victoria-Police-lash-stupid-Melbourne-Cup-law-decriminalise-public-drunkenness.html

Victoria will move to decriminalise public intoxication from November, as an inquest into Tanya Day death found what happened was preventable.

11/07/2023

R**E ACQUITTAL COUNTY COURT MELBOURNE

Today a case that was alleged to have occurred in March 2017 ended in acquittal.

The conduct of the case saw the investigation discontinued, and then re-enlivened resulting in a charge being filed years after the fact.

It appears the case turned on the credibility of the complainant, and the allegation was not proven.

So the accused walks free from any finding of guilt or punishment save for a lengthy drawn out trial, and attendant stressors that come with it.

Sexual offences are matters where it is important to get the right legal advice, often this can lead to no charge being filed and a case avoided.

If you require any assistance with criminal law matters contact Michael Kuzilny or Marcus Denning of our practice on 1800 130 120.

www.mklawfirm.com.au

‘Tough Times Never Last - we are here to help’

26/06/2023

LAWYER X SCANDAL

It has been reported in the midst of the Office of Public Prosecutions (OPP) review of whether or not to lay charges against Police and Nicola Gobbo that overall conviction rates are at the lowest they have been in a decade last year.

What this means is that of all cases that proceed to trial by jury 55 per cent only last year resulted in conviction.

This statistic emphasises what a criminal lawyer can do when you are faced with any criminal offence, if you plead not guilty there is a very fair chance of acquittal.

As to whether charges will be laid against Police and Nicola Gobbo, well the OPP has said ‘no’. This is being challenged through the introduction of a bill in parliament to change this result - whether we see charges yet, it could be said ‘the jury is still out’.

MK Law - Tough Times Never Last

23/06/2023

SELF DEFENCE & ASSAULTS

Assaults do not happen for no reason, usually there is a lead up to any physical altercation or threatening exchange and we can advise you on whether self-defence applies to any assault case you are facing.

The question is whether your actions were proportionate to the threat.

Often Police have an interest in charging you, and so the full story has not been told when you arrive at our office with assault charge in hand. This is when we can help.

If you have a defence we will determine that and advise you clearly on what the process is to defend the charge. We do this by listening to your side of the story, putting the evidence in context and presenting that to Police to either get the charge withdrawn, negotiate the best form of guilty plea or to contest the charge.

Self defence is a tricky area of the law, and as can be seen in the attached news article it can be summed up by this statement: -

"But the reality is that we operate always in shades of grey and defensive conduct is no different”.

Get in touch with any questions you have on assault by message here, or if you need representation on criminal charges.

MK Law - your best defence and representation

-defence

When will self-defence in a home invasion get you in trouble with the law?ABC Radio Darwin / By Jesse Thompson and Georgia HitchPosted Thu 28 Feb 2019 at 9:30pmThursday 28 Feb 2019 at 9:30pmThu 28 Feb 2019 at 9:30pm Mick Denigan was found not guilty at the end of his Supreme Court trial over the sho...

21/06/2023

DELAYS IN OUR CRIMINAL JUSTICE SYSTEM

Like the article appearing here we are reminded of the saying: Justice Delayed, is Justice Denied!

Navigating the criminal justice system on your own can seem like an impossible nightmare. That’s where we come in to help you.

If you go to Court without a lawyer, or the lawyer representing you does not prepare before the day, you can be faced with adjournment after adjournment OR worse pressure being put on you to plead guilty to a charge or charges you have a valid defence to.

We are in Court everyday, so we know how to get results from the Court system as fast as possible. Be that getting a hearing listed or clearing your matter by pleading guilty.

Justice should not be delayed, and we will help you to avoid that with our expertise and knowledge representing many hundreds of clients each year.

Get in touch by message with any legal questions you have on navigating the criminal justice system.

MK Law - your experts in criminal law by your side

'Like being suspended in mid-air': The enduring impact of ongoing delays in Australia's courtsBy Casey Briggs and Maani TruuPosted Fri 3 Mar 2023 at 6:00pmFriday 3 Mar 2023 at 6:00pmFri 3 Mar 2023 at 6:00pm, updated Sat 4 Mar 2023 at 12:00amSaturday 4 Mar 2023 at 12:00amSat 4 Mar 2023 at 12:00am Yea...

20/06/2023

INTERVENTION ORDERS & BREACH OF INTERVENTION ORDER CHARGES

In Victoria intervention orders are issued in almost all Police interactions in a domestic dispute.

You can contest and intervention order, especially if the protected person does not want the order to be put in place, or the allegations are false. We can advise you on how to contest an order and represent you in Court.

Things get more complicated when a breach of intervention order is alleged. This makes the matter criminal, and we can defend you if you are charged or help you to avoid a charge being filed against you.

Penalties for breach of intervention orders can range if found guilty to a fine or up to jail time. There’s almost the impact of a finding of guilt on other areas of application of family law or the impact of a conviction on employment prospects with a criminal record.

We represent people from all backgrounds, we take the time to listen and advise you on how best to prepare to go to Court.

Get in touch if you need advice on your intervention order or related breach of intervention order charges.

MK Law - helping you through difficult times

Victoria Legal Aid study of 15,522 clients finds men with an acquired brain injury, an intellectual disability or a history of legal problems pose highest risk

19/06/2023

DRINK DRIVING LAWS

We have represented hundreds of people caught drink driving through the Courts.

The penalties for drunk driving if you plead or are found guilty range from a fine and licence loss, to a period of imprisonment.

There are minimum licence loss periods applied if you plead or are found guilty. With our help we will seek to keep your time off the road to the minimum, and we do this by preparing and presenting things favourable to you for the Court to consider.

Often drink driving is associated with other charges in relation to an accident, or factors aggravating the situation such as children travelling in the vehicle when apprehended like in the below article.

We are here to help you, in the Court system that we appear in for people everyday. So get in touch and we will assist you to work through a difficult period in your life if you have been charged with drink driving or any type of traffic offence.

MK Law - Tough Times Never Last

A Melbourne man has blown six times the legal limit while driving with two young children in his car.

18/06/2023

DUE PROCESS & PROCEDURAL FAIRNESS - THE CASE OF DAVID VAN MP

We are observing the matter of allegations of sexual assault against Parliamentarian, David Van MP with interest.

So what is due process and procedural fairness, in short it captures the notion of presumed innocent until trial, and an entitlement to tell both sides of the story and to have an investigation carried out before determination of an outcome. In the matter of David Van as a person accused he says this has not happened.

Evidence has not been tested, and the result is a trial by media - being persecuted by journalists who do not have the benefit of the full facts and write to capture headlines, rather than a search for the truth.

As we have seen in the case of Brittany Higgins and Bruce Lehrmann it is fair comment to say that this trial was corrupted by media exposure, and influences outside the operation of the rule of law.

In the case of David Van MP it may never see the insides of any criminal law court, so it can be argued that our traditional system of law has been bypassed, and guilt is determined to a much lower standard than the law would require to determine guilt in the court of public opinion.

We are criminal lawyers and we help people accused of sexual assault and other like criminal allegations, we also help in a broader context to manage mental health of the accused together with our partners in other professions so that we provide a full service to our clients.

If you need assistance with any criminal charge get in touch with us by sending us a message and we will be able to help you.

MK Law - upholding our clients integrity & rights

https://www.news.com.au/national/politics/pressure-mounting-on-embattled-senator-david-van-with-his-future-up-in-the-air/news-story/b71563d4866c17e1b588ec77ef651642?amp