1. Arrest

The moment you're arrested, the clock starts ticking.

You have rights - including the right to remain silent and the right to legal counsel and exercising them could mean the difference between freedom and conviction. Talking to the police without legal advice? That’s a risk you don’t want to take. What you say can be used against you.

Before you say a word, call Matthew Blackburn. No matter the time - day or night - he’ll answer. Because when your future is on the line, you need the right lawyer, right away.

2. Bail application

Bail Matters - if you or someone you care about has been arrested, securing bail should be a priority.

Being stuck in custody can cost you your job, your relationships, and even your home - so you don’t want to stay there a minute longer than necessary.

But here’s the catch - If bail is denied, you don’t get endless chances. In most cases, you can’t reapply unless your circumstances change - so your first application needs to be your strongest.

The court will consider several key factors, including:

• The seriousness of the allegations

• Whether you’re a flight risk

• If you pose a threat to witnesses or the complainant

• The strength of the prosecution’s case

• Your personal history and circumstances

These factors must be properly argued and presented to maximise your chances of success.

With many years of experience handling bail applications in the Magistrates, District, and Supreme Courts, Matthew Blackburn knows what it takes to get you out. He understands what’s at stake.

Time is critical - don’t wait.

If you or someone you know needs to apply for bail, call us immediately. Matthew Blackburn will make himself available on short notice - because your freedom can’t wait.

Facts…

• Already on bail for a serious offence? Think twice - If you’re out on bail for an offence listed under Schedule II of the Bail Act and get charged with another serious crime, you’ll need to prove exceptional circumstances to get bail again. It’s a high bar to clear. Let’s just say, getting bail twice isn’t exactly a walk in Kings Park.

• Charged with murder? Don’t count on bail - There’s a presumption against bail for murder charges - so, in short, don’t commit murder.

• Bail comes with strings attached - Conditions can include:

  • Regular check-ins at a police station.

  • Curfews & travel restrictions.

  • Surrendering passports.

  • Protective orders (no contact with witnesses).

  • Home detention - essentially house arrest, so make sure your Stan and Kayo subscriptions are are stacked.

• Bail isn’t just a promise—it’s a contract - If you’re granted bail, you must sign an undertaking. For serious cases, the court may require a surety, meaning you or someone else risks losing money if you don’t show up to court.

• Break your bail conditions? That’s another crime - Breaching bail can land you up to 3 years in prison or a $10,000 fine - so take it seriously.

3. Negotiating and Developing a Case Strategy

Charged with a Criminal Offence? Get the Right Legal Advice—Now.

The law isn’t black and white - and neither is the evidence against you. Police may claim they have a strong case, but that doesn’t make it true. There can be unreliable witnesses and key evidence may also be deemed inadmissible in court. The right lawyer will spot the weaknesses in the prosecution’s case and use them to your advantage.

That’s where Matthew Blackburn comes in. With the relevant expertise, he knows how to tear apart bad evidence and expose the cracks in the case against you.

Of course, not every case gets thrown out - but that doesn’t mean you should just accept the charges as they stand. When possible, Matthew fights to have charges downgraded, reduced, or based on a fairer version of events. He knows there are always two sides to a story, and he will make sure yours is heard.

Unlike other firms where your case gets passed around, at Magenta Legal, your defence is handled by one lawyer from start to finish. Matthew will be by your side - strategising, negotiating, and fighting for the best possible outcome. Whether that means defending you at trial or guiding you through sentencing, you’ll have a lawyer who is all in - every step of the way.

Facts…

• If your charges are discontinued in the Magistrates Court, you can apply to recover your legal fees - Your money belongs in your pocket, not someone else’s—so don’t let it go to waste.

• Most prosecutors are open to negotiation - if your lawyer knows how to play it right - The key? Smart, strategic, and reasonable negotiations. A well-prepared defence can make all the difference.

• Open-source intelligence can be a goldmine for rebuttal evidence - The trick? Knowing where to look and how to use it. A strong defence isn’t just about what’s in the police brief - it can be about what they missed.

• Never take legal advice from another inmate - If they were any good at the law, they wouldn’t be behind bars.

4. Trials

Charged with a crime you didn’t commit? Your trial lawyer matters.

If you've been falsely accused and negotiations fail, your case may go to trial.

Trials aren’t just about telling your side of the story. They are high-stakes battles with complex rules, strict procedures, and intense scrutiny of evidence. Winning a trial takes weeks of preparation - not days or hours. A strong defence requires:

• A deep dive into the evidence.

• Statements from key witnesses.

• Expert forensic analysis.

• A clear, strategic case theory.

• A flexible game plan to counter the prosecution’s moves.

As daunting as it sounds, trials can be won or lost based on your lawyer’s skill.

Why Trial Experience Matters

Being a trial barrister isn’t the same as being a solicitor who handles paperwork and pre-trial hearings. A top-tier trial advocate must:

• Master trial law and the rules of evidence.

• Connect with the jury in a compelling, relatable way.

• Earn the respect of judges and the legal community.

• Think fast and adapt to unpredictable courtroom dynamics.

With many years of trial experience, Matthew Blackburn is the advocate you want in your corner. He’s meticulous in preparation, sharp in cross-examination, and knows how to present a case in a way that resonates with a jury. His approach is tailored - not one-size-fits-all - because every witness, judge, and trial is different.

No trial is ever perfect, but Matthew ensures yours is fair, strategic, and fought to the very end. When your freedom is at stake, you need a lawyer who leaves no stone unturned.

Facts…

• Defence lawyers don’t have to give an opening address - but they should - Matthew Blackburn believes that starting strong is critical. Without a defence opening, jurors may begin the trial leaning toward the prosecution before they’ve even heard your side.

• In trials which relate to sexual offences, cross-examination is strictly limited - Defence lawyers cannot question complainants about their sexual history. These rules require smart, strategic advocacy to challenge the evidence within legal boundaries.

• Win a trial in the Magistrates Court? You can recover legal costs - If you’re acquitted after trial in the Magistrates Court, you may be eligible to claim back your legal expenses. Unfortunately, this doesn’t apply in the superior courts.

• Most serious criminal trials are decided by a jury - but not always - In the District and Supreme Courts, most trials involve a jury. However, in some cases, you can request a judge-alone trial, depending on the circumstances.

5. Sentencing Hearings

If you plead guilty or are found guilty after trial, the next critical step is sentencing - where the court decides your fate.

Sentencing isn’t just about punishment; it’s a balancing act. The court considers:

• The seriousness of the offence

• Maximum penalties under the law

• Deterrence—both for you and the public

• Aggravating factors (things that make the offence worse)

• Mitigating factors (things that reduce your level of responsibility)

What Are the Possible Outcomes?

The court has a range of sentencing options, including:

• Fines

• Community-based orders

• Intensive supervision orders

• Suspended imprisonment (conditional or otherwise)

• Immediate imprisonment—a last resort only used for the most serious offences or when the court believes the community needs protection.

Your sentencing hearing is your chance to be heard

This is where your story matters. To get the best outcome, you need a lawyer who will listen to you, build a strong case, and present it persuasively to the court.

Matthew Blackburn has handled hundreds of sentencing hearings in the Magistrates, District, and Supreme Courts. Unlike many lawyers, he doesn’t just show up on the day - he puts in the work beforehand.

He will spend hours preparing with you, understanding your circumstances, and gathering all relevant material to help reduce your sentence.

Unlike some other lawyers, Matthew submits written submissions to the court in advance, ensuring the judge has a clear, well-reasoned argument before your hearing even begins.

In court, advocacy matters

At your sentencing hearing, Matthew will make sure the judge understands why the offence happened and why you deserve the lightest possible sentence. His focus will be on mitigating factors that reduce the severity of your sentence and persuading the court to impose the best possible outcome for you.

When everything is on the line, you need a lawyer who fights for you - not just one who goes through the motions.

Facts…

• You may be eligible for a spent conviction - In some cases, you can apply for a spent conviction, meaning you don’t have to disclose it. While there are some exceptions, a spent conviction can protect your future employment and travel opportunities.

• Community-Based & Intensive Supervision Orders are more than just penalties - These orders impose both punishment and rehabilitation - but breach them, whether by reoffending or failing to comply, and you could be facing a whole new charge.

• Pleading guilty has real sentencing benefits - The law rewards early guilty pleas because they save court time and taxpayer money. If you plead guilty early, you could receive up to 25% off your sentence - which can make a major difference in the outcome.

• Prison isn’t just about losing your freedom - it’s losing control of your life - In prison, you don’t choose where you sleep, what you eat, or who you’re surrounded by. Every decision is made for you. Your job, relationships, and reputation? They’re left behind. Matthew Blackburn has one mission - to keep you out of jail.