Caldicott + Isaacs Lawyers in Adelaide, South Australia | Criminal lawyer

Caldicott + Isaacs Lawyers

Locality: Adelaide, South Australia

Phone: +61 8 8110 7900

Address: 53 Wright Street 5000 Adelaide, SA, Australia

Website: https://www.caldicottlawyers.com.au/

Likes: 4557

Add/Update information

Reviews

Tags

• Criminal lawyer

25.01.2022 UPDATE: Due to the recent Supreme Court decision affecting red light camera fines SAPOL have advised that all unpaid expiations issued prior to 2 October 2020 will be suspended pending the outcome of legal advice. Additionally, any offences detected from 2 October 2020 will also be suspended. If you have an outstanding fine connected with red light camera detection you may wish to seek legal advice concerning your position.

23.01.2022 If you or someone you know is being arrested, it’s important to know what your rights are and engage a lawyer as soon as possible. The police may arrest you if they: Believe that you have broken the law... Have a warrant (court document) for your arrest Believe you are mentally ill and might harm yourself or someone else. If you have been arrested, it is important to remember the following: STEP 1 - Ask what you are being arrested for, DO NOT struggle or argue with police you are not obliged to answer any questions other than your: name, DOB and address. STEP 2 - Remember that everything you say will be recorded by the police and may be used against you, even if the police do not tell you that they are going to do so. There is NO SUCH THING as an ‘off the record’ conversation. STEP 3 - Make a note of the ID numbers of the police if they are violent or behave improperly with you. STEP 4 - If you are not under arrest, do not agree to go with the police anywhere unless you want to. Unless the police are arresting you, you are free to go. STEP 5 - Always politely ask the police why they are doing anything. STEP 6 - Make a note yourself of what occurred as soon as possible - this will be important later on. STEP 7 - Contact one of our solicitors as soon as possible > https://www.caldicottlawyers.com.au/contact-us

22.01.2022 Did you know that it is an offence for a person to hinder a police officer in the execution of their duties? Hindering includes ANY interference, obstruction or disturbance that makes it substantially more difficult for police to perform their duties. For example, a person who deliberately stands in the way of police officers or who argues with them when they are trying to arrest another person may be guilty of an offence. There is no exhaustive list of the powers and ob...ligations of the police, however, the core duties of a police officer are to take all steps necessary in order to keep the peace, prevent crime or to protect people or property from criminal injury. A police officer is authorised to carry out these functions even when OFF-DUTY. This offence is contained in Section 6 of the South Australian Summary Offences Act 1953. Our experienced criminal lawyers at Caldicott Lawyers are experts in all criminal matters, including the offence of hindering police. If you have any questions relating to this offence or require legal advice, please call our office on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au//assa/hindering-police

22.01.2022 Wondering what the court must take into consideration when sentencing a defendant? While there's no simple answer, here’s what you need to know! If you require further assistance or have any questions, please contact us on (08) 8110 7900 or using our confidential online enquiry form > https://www.caldicottlawyers.com.au/contact-us

22.01.2022 It is an offence to drive a motor vehicle without holding a valid drivers licence or learner’s permit. This offence is contained in section 74 of the Motor Vehicles Act 1959 (SA). If you have NEVER held a licence, but have not committed this offence before, the maximum penalty is a fine of $2,500. If you HAVE committed this offence before, the maximum penalty is a fine of $5,000 or 1 year imprisonment, and you will be disqualified from holding a driver’s licence for at least ...3 years. In most circumstances, if you have previously held a licence, the maximum penalty for this offence is a fine of $1,250. For more information, including possible defences, please visit our website > https://www.caldicottlawyers.com.au//driving-while-unlicen For assistance with any driving whilst unlicensed matters, please call our office on (08) 8110 7900.

22.01.2022 What Are Simple Cannabis Offences? A SIMPLE cannabis offence applies to offences where there is possession of smaller amounts of cannabis. For example: Up to 100 grams of cannabis... 20 grams of cannabis resin Smoking cannabis in private Possessing equipment or Cultivating not more than 1 cannabis plant. For simple cannabis offences, the police have the discretion to issue a cannabis expiation notice. This means payment of an on the spot fine that avoids court proceedings. The maximum penalty for a simple cannabis offence is a fine of $300. For more information on simple cannabis offences, including possible defences, please visit our website > https://www.caldicottlawyers.com.au//simple-cannabis-offen If you have any questions relating to this offence or require legal advice, please call our office on (08) 8110 7900.

19.01.2022 Our expert criminal lawyers are highly experienced in dealing with courts and prosecutors and will fight where necessary to see that you get justice and the best result achievable. We appear in all Adelaide metropolitan, South Australian regional and Federal based courts, and our dedicated team constantly achieve outstanding results for our clients > https://www.caldicottlawyers.com.au/

16.01.2022 Charged with a drug offence? Our skilled criminal lawyers can help you with all drug related matters, including possession, consumption, manufacturing and sale of cannabis and other illicit drugs. We have defended thousands of cases over many decades and will always take the time to help you understand what penalty you may receive, what defences you may have and an explanation of the South Australian law.... For more information or to arrange a free first interview with one of our lawyers, please call our office on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au/criminal-/drug-offences

16.01.2022 If your licence is threatened to be disqualified for loss of demerit points, we can help you keep your license. We can make an application to the court on your behalf seeking to reduce the number of demerit points associated with a particular offence, thereby reinstating your driver’s licence. Applications of this kind can be made if it can be shown that:... You will suffer a particular hardship as a result of being disqualified from driving; or There were exceptional circumstances giving rise to the loss of points. We have extensive experience appearing before the Magistrate’s Courts in these types of matters. To speak to a lawyer, please contact our office on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au//demerit-point-disqual

16.01.2022 Congratulations to our Managing Partner, Craig Caldicott, who has been awarded the 2020 President’s Medal! The Law Society of South Australia awarded this to Craig who has, in the President’s opinion, made an outstanding representation and advocacy in criminal law on behalf of the Society and fellow practitioners to the media, the courts and legislators. Craig has been a Member of the Society’s Criminal Law Committee for 30 years and has been Co-Chair of the Committee since 2...016. He is the Society’s current representative on the Law Council of Australia’s National Criminal Law Committee. Craig has helped guide the Society’s submissions on numerous topics, such as Major Indictable Reforms, sentencing discount regime and the COVID-19 court procedures. His extensive knowledge of criminal law, as well as his commitment to bedrock legal principles, such as the right to a fair hearing, has helped to ensure the Society’s advocacy on criminal law matters is consistent, respected, influential and evidence-based. Craig regularly appears in the media on behalf of the Society, and in his own capacity, on issues relating to criminal law. This year alone, Craig has provided comment on the Society’s behalf on numerous occasions, on issues such as courts delays, Major Indictable Reform, the impact of COVID-19 on criminal trails; the sentencing discount regime and proposed coercive control laws. Craig has also kept the court and criminal lawyers regularly informed of issues being experienced due to COVID-19 restrictions and measures being taken to address them. Congratulations Craig! Click here for more information about the award > https://www.lawsocietysa.asn.au//Awa/Presidents_Medal.aspx

16.01.2022 What Is The Charge Of Replica Firearms? In South Australia, an imitation firearm is an item that contains a mechanism that imitates the loading mechanism or firing mechanism of a firearm, OR it is an item that is an imitation of the receiver of a firearm. It does NOT include an item that is a children’s toy, a novelty item or an item determined by the registrar not to be a regulated imitation firearm.... The registrar can decide, if satisfied on evidence, that the replica cannot be readily adapted to function as a firearm and in that case, it will not be classed as a regulated imitation firearm. It may be a defence to the charge if you: Are an exempt/authorised person Did not have possession; and Had an honest and reasonable belief about the firearm being on the premises. The prosecution must prove that: You were unauthorised to have the firearm; and You were in possession of the firearm. For more information on replica firearms, please visit our website > https://www.caldicottlawyers.com.au//fir/replica-fire-arms If you have any questions relating to this offence or require legal advice, please call our office on (08) 8110 7900.

15.01.2022 In South Australia, you will be guilty of the offence of theft under section 134 of the Criminal Law Consolidation Act 1935 if you deal with property DISHONESTLY and WITHOUT THE CONSENT of the owners, and with the intention to PERMANENTLY DEPRIVE the owner of the property, or to seriously ENCROACH on their proprietary interests. Property means real (housing) or personal property and includes money, intangible property and electricity. It is also possible to commit theft even ...if the property lawfully came into your possession ( e.g. property given to you by your employer that is not returned on the termination of your employment); or if you misuse the powers that are given to you to deal with another persons property ( e.g. if you are the power of attorney of your elderly parents and you steal money from their bank account). It is also an offence to receive stolen property from another person. Conduct will be dishonest if you act dishonestly according to the standards of ordinary people and you know that the conduct is dishonest according to those standards. Conduct will NOT be dishonest if you honestly but mistakenly believed that you had a right to deal with the property the way you did, or if you found the property and believed that the owner could not be found. For more information on theft and receiving, please visit our website > https://www.caldicottlawyers.com.au//theft/theft-receiving If you have any questions relating to this offence or require legal advice, please call our office on (08) 8110 7900.

14.01.2022 Our skilled criminal lawyers are experts in all driving matters. If you’ve been charged with a driving offence, we can help you to understand the penalty you may receive, what defences you may have and an explanation of the South Australian law. We provide a free first interview and advice with no obligation, and are happy to answer your questions in relation to all driving offences.... For more information or to speak to a lawyer, please call our office on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au/crimin/driving-offences

13.01.2022 UPDATE: The Courts Administration Authority have issued a media release advising the following arrangements are in place for the period 19 November to 24 November 2020. All court buildings will be closed to the public. Please contact your solicitor via email or phone moving forward.... We will keep you updated on further developments.

13.01.2022 Can a criminal sentence be reduced? This is a frequently asked question, so here’s what you need to know! If you require further assistance or have any questions, please contact us on (08) 8110 7900 or using our confidential online enquiry form > https://www.caldicottlawyers.com.au/contact-us

10.01.2022 SENTENCING DISCOUNTS IN SOUTH AUSTRALIA On 2 November 2020, the sentencing discount regime in South Australia changed by the commencement of Statutes Amendment (Sentencing) Act 2020 (No. 35 of 2020). Prior to the change, there were two ‘streams’ of sentencing discounts applicable to all criminal matters in South Australia; one for summary and minor indictable matters, and one for major indictable matters.... This was based on the timing of a guilty plea or cooperation with procedural requirements. Both ‘streams’ of this ‘old’ scheme started at a discount of 40% for a guilty plea within the first four weeks of appearing in Court, down to a 10% discount for a guilty plea near the commencement of trial. The ‘new’ scheme has three ‘streams’ of sentencing discounts, as follows: Summary and minor indictable offences dealt with summarily (section 39 of the Act) Serious (major) indictable offences (section 40 of the Act); and Other (major) indictable offences (section 40 of the Act) The ‘new’ scheme of discounts applies to all guilty pleas entered on or after the commencement date, namely 2 November 2020. For more information on the change in sentencing discounts, please click here > https://www.caldicottlawyers.com.au/sentencing-discounts-ap

09.01.2022 In South Australia, it is an offence to traffic cannabis. *MAXIMUM PENALTIES* The maximum penalty for trafficking cannabis varies depending on the number of plants you have. For sentencing purposes trafficking cannabis offences are classified as follows:... Large Commercial Quantity (2kg): $500,000 fine, or imprisonment for life, or both Commercial Quantity (1kg): $200,000 fine, or imprisonment for 25 years, or both Trafficable Quantity (250g): $50,000 fine, or imprisonment for 10 years, or both Traffic in a prescribed area: $75,000 or imprisonment for 15 years or both *POSSIBLE DEFENCES* It Is Not Cannabis It Was Not In Your Possession You Did Not Intend To Sell The Cannabis It Is Not A Trafficable Quantity There Were Was Only One Element of Transaction Duress Mental Impairment For more information on sale / trafficking of cannabis, please click here > https://www.caldicottlawyers.com.au//sale-trafficking-of-c If you require legal advice in relation to this offence, please call us on (08) 8110 7900.

09.01.2022 In court, the judge will interpret sentencing laws and determine the sentence to be imposed in the particular circumstance. Here’s what you need to know about the process and the factors that help judges decide on an appropriate penalty If you require further assistance or have any questions, please contact us on (08) 8110 7900 or using our confidential online enquiry form > https://www.caldicottlawyers.com.au/contact-us

08.01.2022 CHRISTMAS OFFICE HOURS Our office will be closed on the 25th of December 2020 and 1st of January 2021. Our solicitors will still be available by telephone (after hours numbers) on these days and can attend court for urgent bail matters. Besides these public holidays, our office will be open from the 28th of December until 4th of January with fewer staff.... We will continue to operate as normal from the 5th of January 2021. Should you require legal assistance during this time, please contact our office on (08) 8110 7900 or call our after hours contact numbers listed on our website > https://www.caldicottlawyers.com.au/contact-us We hope everyone has a happy and safe Christmas and New Year!

07.01.2022 Can a criminal conviction be appealed? Watch this video as Craig shares some insight into the process involved. If you require legal assistance or have any questions, please contact our office on (08) 8110 7900 or complete our confidential online enquiry form > https://www.caldicottlawyers.com.au/contact-us

07.01.2022 We work with our clients to determine the best course of action to achieve the best possible outcome. The most important part of your case is having a plan in place to defend your charge or mitigate your penalty. Our experienced, specialist criminal lawyers attend courts throughout South Australia every day - so you can be certain that any of our solicitors that you work with will have a good reputation with the Magistrates, Judges and Prosecutors they will work with. To speak with one of our solicitors, please call our office on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au/

07.01.2022 Do you know what to do if the police want to arrest you? Here’s 7 things you NEED to know. 1 Ask what you are being arrested for - you are not obligated to answer anything other than your name, DOB and address.... 2 Everything you say will be recorded by the police - there is no such thing as an off the record conversation. 3 Make a note of the ID numbers of the police officers. 4 Unless the police are arresting you, YOU ARE FREE TO GO. 5 ALWAYS be polite when speaking with police. 6 Make a note of what has happened. 7 Contact your lawyer as soon as possible. If you've been arrested and you need assistance, or if you have any questions, please give us a call on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au

05.01.2022 Parole conditions can be very strenuous so what are the consequences of breaching these conditions? In this video, Casey discusses the possible outcomes of breaching parole. If you require further assistance or have any questions, please contact us on (08) 8110 7900 or via our confidential online enquiry form > https://www.caldicottlawyers.com.au/contact-us

04.01.2022 UPDATE: New changes to the Firearms Legislation in South Australia will come into effect as of tomorrow 8 October 2020. Gel Blasters (Category A firearms) will be dealt with similarly to paint ball guns under the amendments. Possession of firearms, even of this type, can carry with it significant penalties. There will be a 6 month amnesty to hand in these items to police. The amnesty period is from 8 October 2020 until 7 April 2021. ... Importantly, during the amnesty period a person who has a gel blaster will be exempt from the Code of Practice for the Security, Storage and Transport of Firearms. The gel blaster amnesty will allow for the disposal of gel blasters through sale, either to a licensed firearms dealer (in South Australia), or sale to another person or entity interstate. Once the amnesty concludes on 7 April 2021, if you are found in possession of a Gel Blaster without a license, you may be charged with a serious criminal offence. If you have any queries concerning your rights, the process of obtaining the appropriate license, or the correct way to dispose of your gel blaster, please speak with one of our solicitors.

02.01.2022 With the news that two South Australian’s have been Diverted for drug possession and the social media frenzy which has erupted, now is a timely occasion to discuss drug diversion. WHAT IS DRUG DIVERSION? Drug diversion is a national state and territory initiative set up to intervene in an offender’s behaviour and attitude, to stop the cycle of drug use.... It is a mandatory program for users of controlled drugs who have been found by police to be in possession of small amounts (simple possession) and who are afforded an opportunity to be diverted away from the criminal justice system. That is, a person is required to take part in a program designed to assess a person’s usage, educate them on the harms associated with drug use and then offer treatment programs so that the user can break the habit and cycle of use of so called recreational drugs. If a person chooses not to participate in the program, then that person will be prosecuted for the offending and will receive a summons to appear in Court at a later date. It is in the persons’ interest to participate, not only to avoid the potential sanctions available to the Court, but also receive education and treatment so as to rehabilitate and avoid the triggers which might have contributed to the use of drugs in the first place. It is important to note, that the individuals diverted on this occasion, have NOT been given any special treatment or leniency because of their perceived social or celebrity status. Every person in their situation will receive the same treatment given the same circumstances. And as with any other person, if they fail to participate in the program, they will be given the opportunity to appear in Court and face Prosecution. Click here to view the full article > https://www.caldicottlawyers.com.au/drug-diversion-in-south

01.01.2022 If you’re planning to enjoy yourself this festive season, it’s important that you know your rights, follow all the appropriate laws, and stay safe! As restrictions ease, office parties and functions will become more common - which often sees an increase in alcohol related offences. The 4 most common are:... Fail to Cease Loiter Disorderly Behaviour Fail to Leave a Licensed Premises Issuing of Barring Orders Many of these offences can be avoided by knowing what to do, and more importantly... what NOT to do. Watch this video with Partner and Senior Criminal Lawyer, Casey Isaacs, to learn more about how to ensure you follow the appropriate laws while enjoying yourself this festive season. If you need assistance, or if you have any questions, please give us a call on (08) 8110 7900 or visit our website > https://www.caldicottlawyers.com.au