What we do

At Craig Caldicott Lawyers we specialise in Criminal Defence and defending claims under the Criminal Asset Confiscation Act.

Magistrates Court

Our solicitors have defended tens of thousands of criminal charges over their nearly 60 years of combined experience. The Craig Caldicott Law team has the experience and expertise to guide you through the process and protect your right to a fair trial.

Craig Caldicott began practising in criminal law in 1979, Emily Cousins in 2014, and Taylor Falting in 2018. Both Emily and Taylor have worked with Craig and been under his mentorship since the beginning of their careers.

If Police want to talk to you, or you are charged with a criminal offence, you should contact a criminal lawyer urgently. We can help. We can advise you of your rights. We can attend at interviews with Police. We can represent you in Court from start to finish, including on bail, at trial or at sentencing. We can negotiate with Prosecution. We can apply for your seized items to be returned. We can advise you on all aspects of criminal law.

FAQs

DISCLAIMER: these FAQs are general only and are not a substitute for specific legal advice. If you require legal advice regarding a criminal or criminal asset confiscation matter, please call us as soon as possible.

How do I know if I need a lawyer?

Every case is different. Sometimes you need a lawyer and sometimes you don’t. If you aren’t sure, the best thing to do is contact a lawyer and talk through your situation. We will inform you of all your options so you can make the decision best for you.

We provide a no obligation, initial 20-minute consult for criminal matters so you can make an informed decision without worrying about the cost. We also charge your criminal matter on a fixed fee basis so you know what to expect up front.

How do I get a lawyer?

Contact us. Our solicitors are available at the office and on their mobile numbers throughout office hours and our legal advice line is open 24 hours a day so we can help you for urgent matters when you need it. Alternatively, you can email us or visit us in our Adelaide office. We provide a no obligation, initial 20-minute consult for criminal matters and also charge your criminal matter on a fixed fee basis. If we cannot help you, we may be able to refer you to another lawyer who can, so there’s really no harm in reaching out to us.

Can I choose my lawyer?

Of course you can! We understand that getting legal advice, especially when charged with a criminal offence can be a daunting experience. We know that relationships and trust are important when seeking legal advice. Our lawyers have a collective 60 years’ experience in giving practical legal advice in criminal matters, so we understand that choosing a lawyer who is right for you is critical.

If you need advice we provide a no obligation, initial 20-minute consult for criminal matters. Contact us to discuss your matter.

What if I can’t afford a lawyer?

If you want a lawyer but cannot afford your own, you may be eligible for legal aid assistance through the Legal Services Commission of South Australia. Although we generally do not act on legal aid, you can call us. We provide a no obligation, initial 20-minute consult for criminal matters so if you cannot afford your own lawyer you can still discuss your options.

What do I do if I get arrested?

If you do get arrested it is important to seek legal advice immediately. Whether you think you need a lawyer or not it is best to get legal advice on all of your options. We provide a no obligation, initial 20-minute consult for criminal matters and also charge your criminal matter on a fixed fee basis so you can still get advice before you decide what to do.

What is resisting arrest?

If you have been arrested by the police you are required to go with them. You are not free to go. If you refuse to go with them, you may be breaking the law. If you resist arrest police are allowed to use force to arrest you. But they have to use as minimal force as possible. If you think they have used too much force you should talk to a lawyer. We provide a no obligation, initial 20-minute consult for criminal matters.

What are my rights?

If you are arrested, the police will give you some rights. They include:

  • the right to remain silent / refrain from answering questions
  • the right to a phone call to a nominated person to advise of your whereabouts
  • the right to seek legal advice or representation
  • the right to an interpreter (if you require one)
  • the right to apply for bail

If police arrest you they must clearly inform you that you are being arrested and what you are being arrested for.

If this happens, we strongly suggest you exercise your right to seek legal advice immediately (and definitely before answering any questions). We can even help on our legal advice line out of office hours – call 0498 235 600.

What is bail?

Bail is an agreement that requires your attendance at Court and compliance with some other conditions. Sometimes, police will arrest and charge you with an offence and release you on bail rather than holding you in custody. Bail conditions may include some or all of the following (and additional ones not listed here):

  • residing at a particular address
  • not to contact certain specified people
  • not to leave the state of South Australia without permission
  • not to conduct certain specified employment
  • not to possess firearms or firearm parts
  • drug and / or alcohol testing
  • gunshot residue testing

It is important to comply with your bail conditions, whatever they are. If you breach your bail, you may be charged with doing so and end up in custody without bail – this means that you would be in custody pending your next court date.

Being placed on bail means you are likely to be charged with a criminal offence(s). Seek legal advice from a criminal lawyer to discuss your options. At Craig Caldicott Lawyers we can provide this advice.

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Do I have to talk to the police?

In South Australia, if you have been arrested you generally have the right to remain silent. The police can approach you at any time to ask questions. But your right to remain silent remains whether you have been arrested or not. You do not have to talk to the police. If you do not want to talk to police, let them know in a polite way. If you are unsure, call us.

The police want to talk to me. What should I do?

Get legal advice from a criminal lawyer straight away. We can usually find out why the police want to talk to you and what is likely to happen. Generally, you do not have to answer their questions. We can speak with you and the police to ascertain what is occurring and why. Then we can proceed to give you tailored advice that suits your particular circumstances. If you are being arrested, exercise your right to seek legal advice – you can call our legal advice line to speak with a solicitor urgently on 0498 235 600.

Can I refuse an alcohol or drug test?

If you have been pulled over by the police and refuse a breath or drug swipe test, you may be charged with doing so. By law in South Australia, you are required to comply with all reasonable directions of police officers including in relation to alcohol and drug testing. As a driver on South Australian roads, you can be pulled over at any time and subjected to random testing (including through Random Breath Testing stations). In some cases, the penalties for refusing to comply with alcohol or drug testing can be even worse than the penalties for drink or drug driving!