The First Step Has Been Taken - What Next?
You have an appointment booked to see James Torcetti, please check the confirmation text for the time and date James is meeting with you.
If you need to change the date and time, please call the office on (07) 5414 4209 if you have any pressing concerns James can be reached direct on 0450 280 778.
Seeing a lawyer can be a very stressful time. Most importantly, James is here to help and guide you without judgment.
What James and the MTL team are doing before your meeting
Request the police documents
The backbone of the criminal process is found in the police documents called the “QP9” where the alleged facts, evidence, charges are found. After you have booked an appointment with James , we obtain a copy of this document to start preparing your defence.
Review the charges
Once we have your QP9’s and court history James and the MTL lawyers have a better idea of what your starting position is and what your options are. From here James and the MTL team will begin to assess your best and worst case from the police version (which might change considerably after we have your instructions, case conferencing and the evidence).
Consider the "Worst Case"
The best-case scenario is always the goal, however we take the approach of planning, preparing and executing the best defence strategy available to you, but always plan for the most adverse result so you are not caught by surprise.
Estimated Penalty
If you were to go to court tomorrow, with just the charges as they are today and no supporting materials, what is your worst-case penalty? What penalty could you expect if we have had time to work together to case conference the facts, charges and you have done your “to-do” list, what is the best plan for mitigation and expected result?
Estimated Costs
Nobody plans and budgets for the day they need to use a lawyer. We get it, needing to engage a defence lawyer can be a financial stress. We offer fixed fee defence retainers, when we review the police materials, James can estimate the fees and offer you a plan that works for you.
What are the “Risk Factors” for your charges?
James reviews your materials, he identify the issues to be wary of moving forward taking a conservative approach. Everyone is in a different position and what might be a risk factor for one person is irrelevant for a another. For example, having a conviction recorded for a common assault might have no impact for an administration officer in a corporate role, but the same role in government might result in loss of employment. Another risk factor could be that a period of actual custody is within range or almost certain. By identifying the risk factors early on you can work with James to reduce and mitigate those risks.
James Starts to Plan Your Defence Strategy
Forensic factors on the evidence?
Are there any obvious issues with evidence according to the police version?
Strategic options?
What strategic and tactical options are open to you? How does each option play out for the better or worse?
Factual and legal issues to be considered?
What facts are favorable or most adverse to you? Are there any other legal implications for the facts alleged?
What evidence needs to be disclosed?
What evidence should be requested to negotiate the charges with? Is there any evidence that can be used to give context to the charge or will limit defence options?
What can be or should be “case conferenced”?
What options are open for case conferencing? Are there facts or issues of law that can be leveraged for your benefit?
Other important issues explained at your appointment with James
- The location of the court the charges will start in and be finalised in.
- The court jurisdiction (Magistrates / District / Supreme Court)
- What is the expected time frame from first meeting to when the matters are over?
- What are the key events and steps?
James finds out more about you
- What are your instructions?
- How did you find yourself in this position?
- What was going on that led you to having contact with the police?
- What is your personal background?
- Is there more to the story?
What should you bring with you?
What will you leave with?
James Torcetti
Areas of practice: Criminal Law, Domestic Violence
Why do you practice in Criminal Law?
Protecting people by defending them in the justice system gives control and self-respect back to people at a time where it feels like they have none. Also, I like to argue.
How do you assist your clients?
Frankly, I get angry when I see this part of a lawyer web-page talking about how clients trust them, they know the areas of law they work in and they have attention to detail. These are the bare minimum standards you should expect from any lawyer who represents you.
I measure my "how" against the standard of work, contact and advice I would expect from the best lawyer I could hire. It’s a high standard and a question I constantly remind myself to ask.
Who are you?
Before law school, I had about 28 jobs in four different industries never sticking to one for longer than a few months or a year. I just could not find the thing that “vibed” with me. Super early in my studies, I started working as a law clerk in a criminal Law and it clicked. I have tried other areas of law (family, international commercial arbitration and property) but would prefer to have my fingernails ripped out then work in those areas again.
