Appeal Lawyers Melbourne
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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Do you Want to Appeal a Decision Made by a Court?
If you are dissatisfied with an order handed down by a member of the judiciary, you may be able to appeal the matter to another Court in Victoria. Appealing either a sentence or a conviction that the Magistrates or County Courts or Court of Appeal has handed down to you is a very complex process (particularly in the higher Courts). It is important to engage a professional with expertise who can advise you of your appeal prospects. Our team of expert criminal lawyers have years of experience and knowledge of the appeals process. We engage and instruct Victoria’s best barristers to defend a number of vast and complex sentence appeals (from the Magistrates Court to the County Court or from the County Court to the Supreme Court or Court of Appeal), conviction appeals (from the Magistrates Court to the County Court or from the County Court to the Supreme Court, Court of Appeal or Crown Appeal (High Court of Australia)) for murder, jury and sexual offences in the Victorian Court of Appeal.
We are available for free legal advice 24/7 on 1800 130 120 or at marcus.mklawfirm.com.au to help you understand the appeals process and the time limits you need to strictly adhere to. We often have clients coming to us to assist them with the appeal process following unsuccessful attempts by another law firm.
How to Make An Application for an Appeal
The defendant must seek leave of the relevant Court that their matter is before for an appeal. This requires the party who is representing the defendant to make an application and file written and/or oral submissions to the judge detailing why the defendant seeks to have appeal the sentence or conviction. The judge will then make a determination as to whether the case holds any merit in an appeal.
Time Limits for Lodging an Appeal
Strict time limits apply to appeals in all Courts. The defendant must file an appeal against their sentence or conviction within 14 business days of the order being handed down. Any application that is filed outside of this time will require you to seek leave to appeal out of time. This unnecessarily makes the process much more complicated. There is no guarantee your application will be accepted, so avoid this wherever possible.
The Court of Appeal
The Court of Appeal often hears appeals that come from the County and Supreme Courts. The type of offences that can be heard on appeal are limited. The prosecution is able to appeal against decisions (director’s appeals), however this right cannot be abused and can only be used from time to time. The Court that hears the appeal has the power to increase the original penalty that was handed down by the Court.
Testimonials
What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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When I first contacted MK Law for my court matter I was extremely stressed and felt as if I had lost all hope. From first contact all the way up t... Read More5/5
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Dear Gabrielle Yozefovich, I am writing to express my deepest gratitude for the exceptional legal representation you provided during my recent co... Read More5/5
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I recently used the services of Gabrielle Yozefovich of MK Law firm. Gabrielle gave exceptional legal representation and support during this tryi... Read More5/5
Recent Appeals Cases
- Appeals outside of the time limit (from the Magistrates Court to the County Court)
- Appeals for error of law (from the Magistrates Court to the County Court)
- Driving whilst suspended charges (from the Magistrates Court to the County Court)
- Serious drinking under the influence (DUI) charges (from the Magistrates Court to the County Court)
- Drug trafficking charges (against sentence)
- Drug trafficking for profit charges
- Appeals to the High Court (Australia’s highest Court after unsuccessful appeals in lower Courts)
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Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au