If you have been charged with a criminal offence in Victoria, or think you are about to be, one practical question comes first: do I really need a lawyer for this? The honest answer depends on the charge, but the risks of getting it wrong are almost always higher than people expect.
This guide explains what a criminal defence lawyer in Melbourne actually does, the charges we defend, what happens at your first court appearance, and how a defence strategy is built. Everything here is specific to Victoria, where matters are prosecuted by Victoria Police or the Office of Public Prosecutions and heard in the Magistrates', County, and Supreme Courts.
What Does a Criminal Defence Lawyer Do in Melbourne?#
A criminal defence lawyer represents a person accused of an offence and works to protect their rights, their record, and their liberty at every stage. In Victoria, that work is far broader than simply turning up to court.
Here is what a criminal defence lawyer in Melbourne can do at each stage of a matter:
Stage | What your lawyer does |
|---|---|
Before police contact | Advises whether to participate in a record of interview and explains your right to silence in practice |
In custody | Applies for bail, or seeks a variation of bail conditions |
Case analysis | Reviews the prosecution brief, the statements, exhibits and evidence, and identifies where the case is weak |
Negotiation | Pushes for charges to be withdrawn, downgraded, or resolved on agreed facts |
In court | Represents you at mentions, contest mentions, committals, contested hearings, and pleas |
Sentencing | Prepares submissions that can be the difference between a conviction and no conviction being recorded |
At Russo Lawyers, every matter is handled personally by Sam Russo, the principal. You deal directly with the lawyer running your case, not a paralegal or a rotating file handler.
Sam began his career as a Court Registrar at the Magistrates' Court of Victoria. He understands how matters are assessed from the bench, and where careful preparation creates an advantage.
What Types of Criminal Charges Do We Defend?#
Russo Lawyers is a boutique Melbourne criminal defence practice, and criminal law is all we do. We defend the full spectrum of Victorian charges, from summary matters in the Magistrates' Court to the most serious indictable offences in the County and Supreme Courts.
The charges we regularly act on include:
Charge type | Governing legislation | Examples |
|---|---|---|
Drug offences | Drugs, Poisons and Controlled Substances Act 1981 (Vic) | Possession, diversion, trafficking, cultivation |
Assault and serious violence | Crimes Act 1958 (Vic) | Common assault, recklessly or intentionally causing serious injury |
Property and dishonesty | Crimes Act 1958 (Vic) | Theft, burglary, robbery, Armed Robbery, Home Invasions and fraud |
Intervention orders | Family Violence Protection Act 2008 (Vic) and related | FVIO and PSIO matters (applicant or respondent) |
Traffic and driving | Road Safety Act 1986 (Vic) | Drink driving, drug driving, dangerous and careless driving |
Sexual offences | Crimes Act 1958 (Vic) / Criminal Code Act 1995 (Cth) | Image-based and online allegations/Rape Allegations |
Murder and manslaughter | Crimes Act 1958 (Vic) | The most serious indictable offences in Victoria |
If your charge is not listed here, it is still worth a call. The same principle applies across all of them: the earlier you have advice, the more options remain open.
What Happens at Your First Court Appearance?#
For most Victorian criminal matters, your first court appearance is a mention in the Magistrates' Court. Knowing what a mention is, and what it is not, removes a lot of the anxiety people feel beforehand.
A mention is a short appearance before a magistrate to update the court on your case. It is generally not the day your matter is decided. At a first mention, the court may:
- Note whether you intend to plead guilty or not guilty.
- Set a timetable for the prosecution to provide the brief of evidence.
- Give directions to move the matter toward resolution.
- Finalise the matter that day, if the charge is straightforward and you are pleading guilty.
Your obligations depend on how you were released:
- On bail: you must attend every listing, because failing to appear can result in a warrant for your arrest.
- On summons: an experienced lawyer can often assist with adjournments and appear on your behalf.
Serious indictable offences follow a different path. These matters move through a committal process in the Magistrates' Court before being committed to the County or Supreme Court.
Note that Victoria's committal system was reformed by the Justice Legislation Amendment (Committals) Act 2025, which commenced on 28 December 2025 and changed how the early stages of indictable matters proceed. If your matter is indictable, getting advice early is especially important, because the timetable and the strategic decisions begin at the very first hearing.
How Do We Build a Defence Strategy?#
A criminal matter is not resolved with a script. Every case turns on its own facts, and a real strategy is built around those facts. At Russo Lawyers, the approach follows three stages:
- Listen. Every matter begins with a full conversation with Sam. You explain what happened in your own words and ask every question you need to. That conversation shapes everything that follows.
- Strategise. Sam reviews the prosecution evidence, identifies weaknesses, and maps the viable paths. Some matters are best resolved through negotiation; others require a full contested hearing.
- Advocate. In court, preparation and composure matter. The work done before the hearing is what makes the difference on the day.
An important part of strategy in Victoria is protecting your record. Depending on the offence and your circumstances, two options can keep a charge from following you into future employment, travel, and professional registration:
- Diversion, which allows eligible matters to be resolved without a finding of guilt.
- A plea resolved so that no conviction is recorded.
Neither outcome is automatic. They are argued for, and the argument has to be prepared.
Why Choose Russo Lawyers?#
Choosing a criminal lawyer is usually a decision made under pressure, and it matters who ends up running your file. Russo Lawyers is built around a boutique model for exactly this reason.
- Direct principal access. Sam handles every matter personally. When you call the firm, you speak with the lawyer running your case.
- Court registrar perspective. Sam's time as a Court Registrar at the Magistrates' Court of Victoria means he understands how cases move through the system and what magistrates look for.
- Strategic defence. Every case is analysed early, and the defence is built around your specific facts.
- Transparent fees. You will know the cost of your matter before work begins, set out in a clear costs agreement in plain language.
We appear across all Victorian courts and offer a same-day response to all matters.
Speak With Sam About Your Matter#
If you have been charged with an offence in Melbourne, the earlier you get advice, the more options you have. A short conversation now can change how your matter unfolds.
Russo Lawyers offers a free, confidential initial call with Sam directly, not an intake officer, with a same-day response to all matters and clear costs set out before any work begins.
Call (03) 7040 9825, or book a free call to speak with Sam about your matter today.
Frequently asked questions
You can represent yourself, but a criminal matter can end in a conviction, fines, licence loss, or imprisonment, and a lawyer protects your rights and record in ways that are hard to manage alone.
As early as possible, ideally before you speak to police or attend your first court date, because the most important decisions in a matter often arise before it reaches a courtroom.
It is usually a mention, a short hearing to indicate your plea and set the case timetable, and it is generally not the day your matter is decided.
Sometimes, through negotiation with the prosecution, charges can be withdrawn, downgraded to a lesser offence, or resolved on agreed facts, depending on the strength of the evidence.
It can, because a lawyer can argue for options like diversion or a plea resolved without a conviction being recorded, though eligibility depends on the offence and your circumstances.
Sam practises across all Victorian courts, including the Magistrates', County, Supreme, and Children's Courts, and appears as instructing solicitor in serious indictable matters with leading counsel.
