I was recently charged with drink driving and I must appear at the Magistrates’ Court next week.
Can I receive Legal Aid support for this or is it considered too ‘minor’? I live in Victoria.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lisa Wulfsohn, Malvern 3144 VIC
- Legal Aid may provide a grant of legal assistance for criminal matters. Remember that you must meet the eligibility tests to qualify for a grant.
- Under the criminal law guidelines the Victorian Legal Aid may make a grant of legal assistance in relation to:
- a hearing of criminal charges in the Magistrates’ Court;
- a hearing of criminal charges in the Assessment and Referral Court List;
- social security prosecutions;
- a bail application being made in the Magistrates’ Court, the County Court or the Supreme Court;
- Criminal Division proceedings being heard in the Children’s Court;
- criminal appeals to the County Court;
- committal proceedings;
- criminal trials being heard in the County Court or the Supreme Court;
- County Court and Supreme Court pleas;
- criminal appeals being made to the Court of Appeal or to the High Court;
- certain hearings relating to mental impairment and fitness to be tried;
- some applications relating to serious sex offenders; and
- proceedings in the County Court regarding breaches of certain orders.