Your Perth Criminal Defence Lawyers

We can also appear appear in Northbridge Magistrates Court on weekends for urgent bail applications.

 
 

About Us

Scerri Legal is a criminal defence law firm located in Perth, Western Australia. We practice exclusively in all areas of criminal and traffic law. We also offer experienced representation in restraining order matters and breaches.

Our principal Nick Scerri was awarded the Hodge Award in 2015 by the Criminal Lawyers' Association for his contribution towards the practice of criminal law in Western Australia. The award was decided by senior members of the criminal law profession in consultation with the judiciary.

Scerri Legal prides themselves on offering a transparent, friendly and client focused approach to your legal matter without the big price tag.

It’s Important to Understand Your Rights.


How Can Criminal Lawyers at Scerri Legal Help You?

What does a criminal defence lawyer do? 

If you’ve been charged with a criminal offence or, you believe you are about to be, it is vital that you receive thorough legal advice from an experienced criminal lawyer. For an accused person, the criminal justice system can be a stressful and confusing journey that can sometimes take in excess of one year to conclude. It is the job of a criminal defence lawyer to guide you through the process while fearlessly giving you a voice in the courtroom.

 

Our Mission

Scerri Legal aims to provide you with honest legal advice that is easy to understand. We want you to be able to make informed decisions about your legal case.

We are available 7 days a week and endeavour to respond to your emergency calls outside of business hours, including weekends. Scerri Legal understands that you can be approached by police outside of business hours and we want to be there to help you.


Courts We Appear In

  • Magistrates Court - Perth & Regional Western Australia

  • District Court of Western Australia

  • Supreme Court of Western Australia

  • Children’s Court of Western Australia

    We can travel to you if your matter is being held in a regional court. In some circumstances, the court will give permission for our lawyers to appear by telephone link.


Guilty v Not Guilty

I did the act so I must be guilty, right? 

Just because you committed an act does not automatically mean you are guilty at law. There will be times when the law will excuse your conduct because of a defence or excuse that is open to you. Commonly applied defences include accident, self-defence, provocation, unwilled acts, honest and reasonable mistaken belief and various others.

I want to plead guilty – do I need a lawyer?

If you are pleading guilty, then a lawyer will assist you to get the best outcome in the circumstances. Your lawyer can conduct negotiations with the prosecution, settle any issues that might be in dispute and obtain a view on what penalty the prosecution will be seeking at the sentencing hearing. Once the matter is before the court, your lawyer will put forward your instructions while handing up character references and addressing sentencing principles that can result in a sentence discount.

Quite importantly, Western Australia has a number of criminal offences that are punishable by way of mandatory imprisonment. Put simply, this means the court has no option but to sentence you to immediate imprisonment regardless of the reason for your offending or whether you are a first-time offender. Western Australia also has confiscation laws that can result in your property being confiscated because you were convicted of being in possession of more than a certain amount of prohibited drugs. These are matters that your lawyer can advise you on before you enter a plea.

I want to plead not guilty, what happens now? 

Once you have received legal advice and entered a plea of not guilty, the police will provide your lawyer with disclosure materials. These materials will consist of the evidence that will be used by the prosecution at your trial. Typically, you can expect to be given:

  • Your video interview with police (if you decided to partake in one)

  • Your WA criminal & traffic record

  • Witness statements

  • Other video recordings (search warrants etc)

  • Listening device or telephone intercept recordings (if applicable)

  • Forensic reports (DNA & fingerprints)

  • Crime scene photos

Unlike American television shows, there are no surprises in the Western Australian criminal trial system – if the prosecution intend to use certain evidence at trial then they must provide your lawyer with a copy as soon as practicable.

Your lawyer will then assess the evidence, obtain your version of events and prepare your case for trial. There will normally be a number of short court appearances in the time leading up to your trial date. This is necessary to make sure everything is in order so that your trial can commence without issue.

Offences of a less serious nature (summary offences) are normally dealt with in the Magistrates Court of Western Australia. The Presiding Magistrate will hear the evidence, determine the facts, apply the law and make a finding. This is not the case for serious offences (indictable offences); these are normally dealt with in the District and Supreme Courts of Western Australia. In those courts you can expect to find a Judge and a Jury. The role of the Judge is to guide the proceedings and then, once all the evidence has been heard, direct the jury as to how the law applies to your case. The jury’s role is to apply the law to the facts, as they find them to be, and ultimately decide upon a verdict.

Should you be acquitted in the Magistrates Court then you are able to seek costs from the prosecution. This is not the case however in the District & Supreme Courts.


Our Legal Services

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If you would like a consultation, please fill out the form below & we will be in touch.

Give yourself the best possible chance.

Our consultation fee is $440 (incl. GST) for one hour.