SUCCESS STORY

Victoria

Serious Indictable Charges Downgraded – Client Released from Custody – Melbourne Magistrates’ Court

Our client facing serious indictable charges in the County Court had charges downgraded and retained in Magistrates’ Court, securing immediate release from custody with time served at Melbourne Magistrates’ Court. Through strategic evidence analysis and prosecution negotiations, we transformed potential years in prison into immediate freedom and case resolution.

Case Overview

Melbourne Magistrates Court 

Charge: Serious Indictable Charges

Client: 36-year-old client

Our 36-year-old client was initially facing very serious indictable offences, listed for hearing before the County Court of Victoria. These charges carried the real prospect of a lengthy term of imprisonment, and our client had already spent time on remand in custody awaiting the outcome of the matter.

The charges were of such gravity that they would usually be dealt with at the County Court level, where sentencing outcomes tend to be significantly harsher.

Once Elbob & Stephenson Legal was engaged to act on his behalf, our team immediately got to work analysing the brief of evidence. We identified key evidentiary issues and began strategically negotiating with the prosecution.

We made strong and detailed submissions which ultimately led to:

  • A significant number of the most serious charges being withdrawn
  • The remaining charges being suitably downgraded, making them appropriate to be heard summarily
  • A successful application for the entire matter to be retained in the Magistrates’ Court instead of being committed to the County Court

This strategic shift in jurisdiction was critical. Instead of facing years in custody had the matter proceeded to trial or sentencing in the County Court, our client was:

  • Released from custody
  • Sentenced in the Magistrates’ Court to time already served
  • Spared from serving any further term of imprisonment

This outcome not only protected our client’s liberty but allowed him to move forward with his life after a highly stressful and uncertain period in remand.

Charged with serious indictable offences? The stakes are high but with the right legal team, it may be possible to reduce charges, change jurisdictions, and avoid further imprisonment.

At Elbob & Stephenson Legal, we provide strategic, high-level defence advocacy at every stage of proceedings, from police interview to superior court.

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