Brooke Winter Solicitors
The police are already building their case. You need someone who knows exactly how they do it.
Principal Lawyer Brooke Winter is a former police prosecutor with more than 20 years of courtroom experience.
That means our team understands how prosecution cases are built, where weaknesses can appear and what needs to be challenged before your matter goes any further.
Depending on the charge, evidence and circumstances, this experience helps us spot opportunities that could make a real difference to the outcome of your case.
It’s an advantage most criminal lawyers in Hobart simply can’t offer.
Call 03 6240 5437 now for immediate, confidential legal advice, or fill out our online contact form for a same-day consult.
Some of the most important decisions in your case can be made before you ever step into court.
One of the biggest advantages of working with our criminal law firm is that you are not relying on a lawyer who simply reacts to what the police put in front of them.
Our experience on both sides of the courtroom means we’re already thinking about the next move, not waiting for the prosecution to make theirs.
That can help us:
If you’re looking for a Hobart-based criminal defence lawyer who will think ahead, challenge the right issues and take an active approach from the start, call 03 6240 5437 now for immediate, confidential legal advice, or fill out our online contact form for a same-day consult.
We represent clients in Hobart and across Tasmania, defending a wide range of criminal matters in the Magistrates Court and Supreme Court.
Whatever the allegation, we will explain your options clearly, prepare your defence and represent you through each stage of the matter.
Our experience includes:
If your charge is not listed here, we can still help. Call 1300 066 669 or fill out our online contact form today to speak with an experienced criminal lawyer in Hobart and start preparing your defence.
Choosing the right lawyer in Hobart can make a real difference to how your case is handled.
Here’s why clients across Hobart and Tasmania turn to us when facing criminal charges:
Our job is to make sure you understand what you are facing, what options are available and what we can do to reduce the impact on your future.
If you have been charged, contacted by police or have a court date coming up, getting advice early can give you more options.
You do not need to have everything figured out before you call.
Tell us what has happened, what you have been charged with and whether you have a court date coming up. We will help you work out what needs attention now, what can wait and what your next step should be.
From there, we can:
Call 03 6240 5437 now for immediate, confidential legal advice, or fill out our online contact form to arrange a same-day consultation.
24/7 support is available for urgent criminal matters.
Your first court appearance is usually about confirming the charge, dealing with bail if needed and deciding what should happen next.
You do not always have to enter a plea immediately. If you have not received legal advice or need time to review the evidence, the matter can often be adjourned so you can speak with a criminal lawyer first.
Depending on the charge, the court may also deal with bail conditions, future court dates and whether the matter will stay in the Magistrates Court or progress further.
Getting advice before your first appearance can help you avoid making decisions before you fully understand the consequences.
Yes, criminal charges can sometimes be withdrawn or discontinued before the matter reaches a hearing or trial.
This may happen if the prosecution decides there is not enough evidence to continue, new information comes to light, there are problems with witness evidence or the defence raises issues that affect the strength of the case.
In some matters, a lawyer may also make submissions to the prosecution asking for a charge to be withdrawn.
Whether that is realistic depends on the evidence, the seriousness of the allegation and the circumstances of the case. A charge being laid does not necessarily mean it will stay in place.
Yes. In some cases, the prosecution may agree to reduce a charge, replace it with a less serious offence or withdraw some charges altogether.
This can happen where the evidence does not fully support the original allegation, where there is room for negotiation or where both sides agree on a more appropriate way to resolve the matter.
A reduced charge can sometimes lead to lower penalties and fewer long-term consequences, although that depends on the offence and the final outcome.
A criminal lawyer can assess the evidence and advise whether there is a realistic basis to negotiate with the prosecution.
If you plead not guilty, you are disputing the charge and requiring the prosecution to prove the case against you.
For matters dealt with in the Magistrates Court, the case will usually move towards a contested hearing where the prosecution presents evidence and witnesses can be questioned.
More serious indictable offences may progress through the Magistrates Court before being committed to the Supreme Court for trial.
Before a hearing or trial, your lawyer can review the prosecution evidence, identify issues to challenge, prepare witnesses and consider whether negotiations are still possible.
A not guilty plea does not mean the matter will automatically go to trial, as some cases resolve beforehand.
If you plead guilty, you are accepting the charge and the matter will usually move towards sentencing rather than a defended hearing or trial.
Before the court decides the penalty, your lawyer can present information about your circumstances, including your background, employment, family responsibilities, remorse, rehabilitation and any other factors that may support a more favourable sentence.
Depending on the offence and your circumstances, the court may consider penalties such as a fine, community-based order, suspended sentence or imprisonment.
In some cases, your lawyer may also argue against a conviction being recorded.
Because a guilty plea can have consequences beyond the immediate penalty, it is worth getting legal advice before entering one.
There is no single timeframe for a criminal case in Tasmania.
A straightforward matter where a person pleads guilty may resolve within a relatively short period, while a defended matter can take several months or longer.
More serious cases that proceed to the Supreme Court or require a jury trial can take considerably longer.
The timeframe can depend on the number of charges, the amount of evidence, court availability, whether expert reports are needed, whether witnesses need to be called and whether negotiations take place with the prosecution.
A lawyer can give you a more realistic timeframe once they understand the charge and how the case is likely to progress.
The Magistrates Court of Tasmania deals with a large number of criminal matters, including summary offences and the early stages of more serious charges.
Less serious matters can often be finalised in the Magistrates Court.
More serious indictable offences may begin there but later move to the Supreme Court of Tasmania.
The Supreme Court deals with serious criminal matters, including offences that may be heard before a judge and jury.
It also hears certain criminal appeals.
Which court deals with your case depends on the type of offence, how serious the allegation is and the way the charge is classified under Tasmanian law.
Yes, bail conditions can sometimes be changed if they are no longer appropriate or your circumstances have changed.
For example, you may need a condition changed because of work, accommodation, family responsibilities, travel or restrictions on contacting certain people.
The process for changing bail conditions can depend on how bail was granted and which court is dealing with the matter.
You should not simply ignore or breach a condition because it is difficult to follow.
Breaching bail can create further legal problems.
If a condition is causing difficulty, get legal advice about whether it can be formally changed before doing anything that may put you in breach.
Yes, there are circumstances where you can appeal a criminal conviction, a sentence or both.
The appeal process depends on which court made the original decision and what you are challenging.
For example, certain appeals from the Magistrates Court can be heard in the Supreme Court, while criminal appeals from the Supreme Court are generally dealt with by the Court of Criminal Appeal.
An appeal is not simply an opportunity to run the same case again because you are unhappy with the result.
There usually needs to be a proper legal basis for challenging the decision.
Appeal time limits can also apply, so getting advice quickly is important.
Yes, there are circumstances where you can appeal a criminal conviction, a sentence or both.
The appeal process depends on which court made the original decision and what you are challenging.
For example, certain appeals from the Magistrates Court can be heard in the Supreme Court, while criminal appeals from the Supreme Court are generally dealt with by the Court of Criminal Appeal.
An appeal is not simply an opportunity to run the same case again because you are unhappy with the result.
There usually needs to be a proper legal basis for challenging the decision.
Appeal time limits can also apply, so getting advice quickly is important.
Many different types of evidence can potentially be challenged in a criminal case.
That can include witness statements, police evidence, identification evidence, CCTV footage, phone records, text messages, social media evidence, forensic material and admissions made during an investigation.
The issue may be whether the evidence is accurate, reliable, complete or legally admissible.
A lawyer may also look at how the evidence was obtained and whether proper procedures were followed.
Challenging evidence does not always mean having it completely excluded. In some cases, the goal is to show that the evidence is weak, inconsistent or does not prove what the prosecution says it does.
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