What clients ask us first.

In Victoria, you have a right to silence and are not legally required to answer police questions beyond providing your name and address. Attending a police interview without speaking to a lawyer first is one of the most common ways people inadvertently damage their own defence.

Police interviews are recorded and can be tendered as evidence in court. An informal chat at the police station carries exactly the same legal risk as a formal recorded interview: anything you say can be used against you. Before attending any interview, contact Russo Lawyers. Sam will advise whether to attend, how to respond to any caution, and what to say or not say.

Yes. Self-defence is a complete defence to assault charges in Victoria. If you genuinely believed force was necessary to protect yourself or another, and the force used was proportionate, you may be acquitted.

Under the Crimes Act 1958 (Vic), a person is not guilty of an offence if the conduct was carried out in self-defence or in defence of another. The jury (or Magistrate) must consider whether the accused believed force was necessary and whether it was reasonable in the circumstances. Sam Russo can advise on the strength of a self-defence argument for your specific facts.

Image-based abuse involves sharing or threatening to share intimate images without consent. It is an offence under the Crimes Act 1958 (Vic) and can also constitute a federal offence.

The Crimes Act 1958 (Vic) Part 3A covers non-consensual sharing of intimate images and other image-based abuse. The Commonwealth Criminal Code Act 1995 also contains offences for using a carriage service to transmit offensive or harassing material. Sam Russo has experience in digitally complex matters and works with forensic experts where required.

A Family Violence Intervention Order (FVIO) covers family members and intimate partners. A Personal Safety Intervention Order (PSIO) covers other relationships. Both are civil orders made by the Magistrates Court.

FVIOs are made under the Family Violence Protection Act 2008 (Vic). PSIOs are made under the Personal Safety Intervention Orders Act 2010 (Vic). The application process and grounds are similar, but FVIOs carry broader protections and mandatory police reporting obligations. A breach of either order is a criminal offence.

Murder requires an intention to kill or cause serious injury, or knowledge that death would probably result. Manslaughter involves unlawful killing without the intent required for murder. Both are tried in the Supreme Court of Victoria.

Under the Crimes Act 1958 (Vic), murder requires proof of intent to kill or cause grievous bodily harm, or reckless indifference to human life. Manslaughter includes unlawful and dangerous act manslaughter and negligent manslaughter. The distinction has major consequences for penalty: murder carries up to life imprisonment; manslaughter carries up to 25 years.

Possession is holding a drug for personal use. Trafficking involves supply or intent to supply. The threshold between the two can be determined by the quantity held, packaging, and other circumstances. Trafficking carries significantly greater penalties.

Under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), a person in possession of a trafficable quantity of a drug of dependence is presumed to possess it for trafficking unless they can prove otherwise. The trafficable quantities vary by drug type. Sam Russo can advise on the specific charge and quantity threshold that applies to your matter.

Theft involves dishonestly appropriating property belonging to another. Robbery involves theft combined with the use or threat of force. Robbery is a more serious offence with higher maximum penalties.

Theft under the Crimes Act 1958 (Vic) carries a maximum of 10 years imprisonment. Robbery under s75 carries a maximum of 15 years; aggravated robbery under s75A carries a maximum of 25 years. The distinction between offences affects both the court in which the matter is heard and the potential sentence.

A drink driving conviction in Victoria will result in mandatory licence disqualification. The minimum disqualification period depends on the BAC reading and whether it is a first or repeat offence.

Under the Road Safety Act 1986 (Vic), a first offence at low PCA (0.05-0.099) carries a minimum 3-month disqualification. Higher readings and repeat offences carry longer disqualifications and may result in alcohol interlock conditions. Sam Russo can advise on the likely outcome and any special circumstances applications.

For eligible first-time offenders, diversion may be available for minor theft (including shoplifting) in the Magistrates Court. This allows the matter to be resolved without a finding of guilt.

Diversion is not automatic. It requires police consent and Magistrate approval. Not all theft matters qualify. Sam Russo can assess eligibility at the initial consultation and advise on the prospects for diversion or other alternatives to conviction.

For eligible first-time offenders in Victoria, the Criminal Diversion Program may allow charges to be resolved without a finding of guilt and without a criminal record. Eligibility depends on the offence type, the police, and the Magistrate approval.

Diversion is available for some summary offences heard in the Magistrates' Court. Conditions typically include a donation, a letter of apology, or a counselling program. Not all matters qualify, and police consent is required alongside Magistrate approval. The opportunity for diversion is usually assessed at or before the first mention, making early legal advice essential.

Diversion may be available for eligible first-time offenders charged with minor drug possession. It allows the matter to be resolved without a finding of guilt and without a criminal record, subject to police and Magistrate approval.

Diversion is available in the Magistrates Court for qualifying summary offences, including minor drug possession in some circumstances. The opportunity arises early in proceedings and requires police consent. Sam Russo can assess eligibility at the initial consultation and advise whether to pursue diversion.

Breaching an intervention order is a criminal offence in Victoria. A first offence carries up to 2 years imprisonment or a fine. Subsequent offences or aggravated breaches carry greater penalties.

Under the Family Violence Protection Act 2008 (Vic), a breach of an FVIO is a criminal offence, separate from the civil order itself. The breach can arise from contacting the protected person, attending a prohibited location, or failing to comply with any other condition of the order. If you are charged with a breach, contact Sam Russo immediately.

A special circumstances application allows a court to reduce the licence disqualification period where loss of licence would cause exceptional hardship, particularly in employment. It is not available in all cases.

Special circumstances applications are made under s50AAA of the Road Safety Act 1986 (Vic). The court considers factors including employment dependency on a licence, family responsibilities, and the impact of disqualification on the family. Not all drink driving matters qualify. Sam Russo can advise on eligibility and how to present the strongest possible application.

Sextortion involves threatening to share intimate images unless demands (usually money) are met. It constitutes multiple offences in Victoria and under Commonwealth law, including blackmail and using a carriage service to menace.

Sextortion matters typically involve Commonwealth offences under the Criminal Code Act 1995 (Cth) as well as state offences. Sam Russo has experience with complex multi-jurisdictional matters and can advise on both the criminal exposure and any associated civil remedies.

Common assault involves intentional or reckless application of force without consent. Causing serious injury or grievous bodily harm involves conduct that causes serious physical harm. They carry very different penalties.

Common assault is a summary offence under the Summary Offences Act 1966 (Vic) or a serious offence under the Crimes Act 1958 (Vic) depending on the circumstances. Intentionally causing serious injury under s15 of the Crimes Act carries up to 20 years imprisonment. The specific charge depends on the injuries and the prosecution assessment of intent.

Murder charges require a barrister for the trial. Sam Russo works with leading Victoria criminal barristers as part of a defence team. As instructing solicitor, Sam manages the case, prepares the brief, and coordinates the barrister and any expert witnesses.

The solicitor-barrister model is standard in serious criminal trials in Victoria. Sam Russo, as principal and instructing solicitor, plays a central role: advising on strategy, taking detailed instructions, obtaining forensic experts, and briefing a leading criminal barrister for the trial.

Yes. Charges can be withdrawn by the prosecution before or at hearing. This can result from negotiations with the prosecution, a change in the complainant position, or new evidence. Early legal involvement maximises opportunities for charge negotiation.

The prosecution has the discretion to withdraw or reduce charges at any stage. Where the evidence is weak, the complainant does not support prosecution, or there is a reasonable basis for negotiation, Sam Russo can engage with the prosecution to explore alternatives to a contested hearing.

Yes. Under Victorian law, the presence of an illicit drug in your saliva or blood is sufficient for a drug driving offence, regardless of impairment. You do not have to be visibly impaired to be charged.

Section 49 of the Road Safety Act 1986 (Vic) creates a presence offence - the mere detection of cannabis, methamphetamine, or MDMA is enough for a charge. The defence options for drug driving matters differ from drink driving and early advice is important.

Yes. We represent both applicants seeking protection orders and respondents defending against them. The process differs depending on which role you are in.

For applicants, Sam can advise on the grounds for an order, what evidence is required, and how to obtain an interim order. For respondents, Sam can advise on contesting the application, the implications of consenting without admissions, and negotiating conditions that minimise impact on daily life.

Drug trafficking in Victoria is a serious indictable offence. The maximum penalty varies by drug type and quantity, and can include significant terms of imprisonment. Early legal advice is critical.

Trafficking charges under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) can be heard in the Magistrates Court (for less serious matters) or committed to the County Court (for serious matters involving commercial quantities). Sam Russo has experience with trafficking matters across both courts.

An intervention order is a civil protective order made by the Magistrates Court. A criminal charge is a prosecution for a specific offence. The two can arise from the same incident but follow different legal processes and carry different consequences.

An intervention order (IVO) does not result in a criminal conviction, though breaching one is itself a criminal offence under the Family Violence Protection Act 2008 (Vic) or Personal Safety Intervention Orders Act 2010 (Vic). A criminal charge, such as assault, goes through the criminal jurisdiction and can result in a conviction, fine, or imprisonment. Many matters involve both: police may apply for an IVO and also charge the respondent with assault arising from the same events.

You should speak with a criminal lawyer as soon as you have been charged, summonsed to court, or invited for a police interview. Early advice is not just useful: it can change the range of outcomes available to you.

The earlier a lawyer is involved, the more options are open. At the investigation stage, legal advice protects your right to silence. At the charge stage, it shapes bail, the plea, and the strategy. At the mention stage, it opens negotiations with the prosecution about reducing or withdrawing charges. Waiting until the day before your court date limits every one of those opportunities. A free initial consultation with Sam will tell you exactly where you stand.

A criminal conviction for a drug offence can affect employment, particularly in licensed trades, government positions, and professions regulated by law. The impact depends on the nature of the conviction and the employer requirements.

In some professions, such as healthcare, law, teaching, and security, a drug conviction may trigger mandatory disclosure obligations or affect fitness to hold a licence. Sam Russo can advise on the potential consequences for your specific employment situation as part of the overall defence strategy.

Russo Lawyers offers a free initial consultation for new criminal matters. In that consultation Sam will review your circumstances, explain the law that applies, and outline your options.

There is no obligation after the initial consultation. If you decide to engage the firm, Sam will provide a costs agreement, the document required under the Legal Profession Uniform Law, setting out fees clearly before any work is invoiced. For straightforward matters heard in the Magistrates Court, fixed-fee arrangements are available.

Sam is able to advise on Legal Aid eligibility during the initial consultation. Not all criminal matters qualify for Legal Aid funding in Victoria. For those that do, the Victoria Legal Aid grant covers certain stages of the proceeding.

Eligibility for Legal Aid depends on the seriousness of the charge, the risk of imprisonment, and the applicant financial circumstances. For matters that do not attract Legal Aid, Sam will discuss costs agreement options and, where applicable, fixed-fee arrangements. The initial consultation is free regardless of funding status.

The Magistrates' Court hears summary offences and less serious indictable matters. The County Court hears serious indictable offences, often by jury trial. The Supreme Court handles the most serious charges, including murder, which carry potential life sentences.

Most criminal matters in Victoria begin in the Magistrates' Court. Summary offences, such as minor possession, common assault, and most traffic matters, are finalised there. Indictable offences that proceed to trial are committed to the County Court or, for murder and manslaughter, the Supreme Court of Victoria. The Children's Court handles accused persons under 18. Sam appears across all four courts.

Most criminal matters in the Magistrates' Court are resolved before a contested hearing, either through a guilty plea, negotiated withdrawal, or diversion. Matters proceeding to jury trial in the County or Supreme Court are a minority, though they require the most thorough preparation.

How your matter resolves depends on your instructions, the strength of the prosecution evidence, and whether there are viable defences. Sam will give you an honest assessment of the prosecution's case and the realistic range of outcomes after reviewing the evidence. No lawyer can or should guarantee a particular result; what we can do is prepare your matter as thoroughly as possible and pursue every available argument.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.