Adelaide Lawyers

Criminal, Police & Traffic Law

Extensive experience in both prosecution and defence

Our Services

Book Appointment

Lauri and Phil discussing matters in front of a laptop and paper documents laid out on the table.

Areas of Criminal Law We Cover

We provide representation across all areas of criminal, police and traffic law. Whatever you are facing, we will work with you to give you the best advice and achieve the best outcome.

  • Sex Offences

    When you have been charged with a sex offence, it can be an invasive process you are subjected to. Sex offences can include a multiplicity of allegations, even when you do not think you have committed an offence. These are serious matters which will travel through both the Magistrates Court and the District Court. The penalties are severe and the most serious offences attract mandatory imprisonment. If found guilty you may be recorded in a register for life. We will support you through the process and investigate all avenues of a defence you may have available.

  • Assault & Violence Offences

    If charged with an assault offence or one that includes an act of violence, the charges can be both minor or more serious. An assault does not require a physical touching of a person and it can be aggravated due to the age of the victim or whether you are or were in a family defined relationship with them. These offences carry with them penalties of imprisonment.

  • Drug Offences

    You may be either arrested or summonsed on a drug matter. If there are associated charges of firearms, the offending is far more serious. These matters, depending on the quantity of drugs involved and the processes engaged in, may be dealt with in the Magistrates Court, or they may be of a more serious nature that will commence in the Magistrates Court but travel to the District Court. Penalties may include imprisonment and permanent confiscation of property and money.

  • Fraud & Theft Allegations

    Whether you are charged with shoplifting, or possessing items that had been stolen by someone else and given to you, we will work with you for the best outcome. There are elements of offences that the prosecution must prove and that is not always possible. If you do steal something when you are with another person or the person you stole from is vulnerable, the penalties are much higher. For theft offences you may face a fine, a bond or even imprisonment.

    Fraud or Deception offences are different from theft, and they occur in circumstances where you may be charged for intentionally deceiving someone to obtain a benefit. These offences attract periods of imprisonment. We work to ensure you receive the best outcome in your matter which may have detrimental effects for you.

  • Traffic Offences

    Traffic matters may include a simple speeding fine or using your mobile phone when driving, drink driving, careless driving, high speed driving, through to even the most serious offences of causing harm or death. We will assist you in navigating the court process along with understanding the evidence that the prosecution intend to rely on to prove you guilty. Findings of guilt in these matters will likely attract convictions, the incurring of demerit points and may affect your licence and insurances in the future.

  • Firearms Offences

    When charged with firearms offences, you may be reported, arrested and released on bail or you may be held in custody. When charged with a serious firearm offence, you lose your presumption to bail and must meet ‘special circumstances’. Penalties for all firearms offences can vary from fines through to lengthy imprisonment and you may have a Prohibition Order served on you also. We work with you to give you the best advice and achieve the best outcome.

ET Law business cards and pens on a table.

8,000+

Matters handled

We have handled over 8,000 matters, with many that are repeat clients.

Lauraine Evans, Partner at Evans Testa Barristers & Solicitors.

Lauraine (Lauri) Evans

Partner

Barrister & Solicitor

30 years of experience

Meet Lauri Evans

Lauri has been in courtrooms since 1996, where she commenced as a prosecutor before moving to courtroom defence in 2003. She has approximately 30 years of experience and is an ex police officer, having spent the last 13 of her 21 years of her policing career in the prosecution section. She has actively been appearing in courts since 1996, specialising in all areas of criminal law.

After working with prosecution for many years, there was an opportunity for Lauri to provide a voice for those that needed help in the criminal arena. Over that time, many of those she helped needed assistance in other areas such as a Will, or a divorce, or even an insurance claim. After having worked with a small niche firm for some years, she missed being able to deal with the ‘person’. She wanted to be part of a practice that valued high touch legal representation rather than high volume output and where clients were individuals, not just file numbers.

  • Law Society South Australia logo.

    Criminal Law Society South Australia

  • Football Federation of South Australia logo.

    FFSA Disciplinary Tribunal

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A Letter from Lauri & Phil

Lauri and Phil commenced working together in 2007 before starting Evans Testa Lawyers. Lauri had a policing background in uniform duties, plain clothes and prosecution. Having started in 1986 and resigning in 2003, to start something fresh. As with most corporate jobs, she began to get restless. To complement work in prosecution, and to fill some extra hours, she completed her law degree after hours. An opportunity to leave the police and put the degree into action was offered and a decision influenced and supported by family was taken. At the time, the opportunity had arisen to work with a small boutique firm that provided stability and growth. After 10+ years, and too much growth, a new opportunity arose to start a small, fresh, individual firm.

After completing his studies in law, Phil worked in the insurance industry managing major and catastrophic claims. This piqued his interest in personal injury law before he worked at numerous firms practising in this and other areas. Phil has since practiced for many years in civil litigation, family law, wills and estates. After many years, Phil jumped at the opportunity to start a small firm with a completely new outlook.

Lauri and Phil commenced Evans Testa in 2013. Since then, it has grown into a firm servicing the local and wider areas in numerous practice areas.

Warm regards,

Lauri Evans & Phil Testa

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Lauri Evans and Phil Testa, founders of Evans Testa.

Case Studies

Real outcomes for real people. These case studies show how we approach a matter and the difference the right representation can make.

  • Police Arrest Unlawful and Causes Injury

    Our client was wrongfully charged with an offence by police and was also injured by police during the process.

    Context

    • Our client was wrongfully charged with an offence by police. Our client was also injured by police.
    • Our client was upset at being wrongfully charged, injured and detained by police.
    • Our client was middle aged and had been left quite traumatised by the events.

    Consequences

    • The potential consequences of the charges being successfully upheld would have resulted in our client having a criminal record with flow on effects in relation to potential impacts on work, travel and family. The injuries affected our client's ability to work and damages and/or compensation was sought.
    • Our client was quite upset, very shaken and apprehensive about the future when they first spoke with us. Their future was, at best, uncertain.

    Challenges

    • The case was challenging as dealing with the matter saw our client often relive some of the events involving police and the injuries which were quite traumatic.
    • The client did face obstacles during the life of the matter. The media were interested in the background story and they had to constantly deal with the anxieties that the case constantly threw at them.

    Defence Strategy

    • The defence of the matter resulted in the matter being withdrawn by the prosecution. Damages were later sought for this wrongful prosecution.
    • We first took a detailed history of our client's version of events. Lauri then dealt with the police matters and saw them withdrawn, at which point Phil handled the civil common law claim against police.

    Outcome

    • The client saw police charges withdrawn and after proof of the case succeeded in a civil claim against police, resulting in an award of damages being paid in addition to a substantial portion of legal fees being paid.
    • The outcome for the client was significant in that they could move on with their life with funds to compensate them for the losses they had suffered.

    Our advice

    We would strongly advise someone who has been wrongfully arrested or charged and possibly injured as a result to seek legal advice at an early stage.

  • Lawfulness of arrest

    Our client was charged with a series of driving offences after police entered his property without permission, raising serious questions about the lawfulness of the arrest and the evidence obtained.

    Context

    • Our client was charged with aggravated driving without due care, failing to provide personal details on request, driving under the influence and failing to submit to a breath analysis.
    • It was alleged that he was driving his vehicle when it collided with a tree while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control. It was further alleged that he then travelled to his premises.
    • Police attended and knocked on the door, which was unanswered. Police scaled a neighbouring fence and entered the property uninvited through the rear laundry door, where they found the alleged driver lying on the ground in a room. Police woke him and began asking questions, and it was here that it was alleged there was a failure to comply.

    Consequences

    • Had all charges been proved, there would have been a lengthy disqualification imposed, the incurring of demerit points, recorded criminal convictions and possible forfeiture of a motor vehicle. All of these may have affected his employment.
    • Our client was very nervous, having never been arrested or had dealings with the police in this environment. He was embarrassed at having spent time in police cells and very concerned about the consequences of the allegations.

    Challenges

    • The matter explored legal argument as to the lawfulness of the conduct of police, particularly the 'invasion' of private property.
    • There were applications to exclude evidence and questions as to the validity of the arrest and whether police entered the premises as trespassers.

    Defence Strategy

    • Negotiations were entered into with the prosecution, who did not accept the defence arguments and the position put to them. As such, the matter traversed the ordinary course of proceedings before written submissions and the listing of argument on the legal points. The outcome of that would dictate the direction of the matter to conclusion.
    • We engaged with the prosecution to obtain their factual basis and compared their version against that of our client, followed by discussions as to the points of law and their intended ability to rely on evidence obtained.

    Outcome

    • The matter was withdrawn.
    • Our client avoided a lengthy disqualification, demerit points, fines and criminal convictions.

    Our advice

    Always obtain advice at the earliest opportunity and remember you have a right to silence, except where you are required at law to answer certain questions.

  • Stop and search for drugs

    Our client, a young person with no prior dealings with police, was charged with trafficking in a controlled drug after giving in to peer pressure. We negotiated with the DPP and the matter was withdrawn.

    Context

    • Our client was charged with trafficking in a controlled drug.
    • Our client was young and distraught. They had never had dealings with the police previously and had given in to peer pressure.

    Consequences

    • The potential consequences included loss of employment, criminal convictions and a lengthy period of imprisonment.
    • Our client was petrified as to the consequences.

    Challenges

    • The matter contained issues that were likely to lead to legal argument.
    • Had the legal argument been won by the prosecution, the charged person was inevitably guilty of the offence and would be imprisoned.

    Defence Strategy

    • We entered into open discussions with the DPP to try to resolve the matter, however legal argument was pursued to determine the points of law in question.
    • We engaged with the prosecution to obtain all the evidence they would rely on to prove the charge, entered into discussions in an effort to negotiate the matter and sought the withdrawal of the charge in the first instance.

    Outcome

    • The matter was withdrawn.
    • Our client avoided jail, avoided criminal convictions and avoided a criminal record at such a young age.

    Our advice

    Retain a right to silence and engage with a lawyer as soon as possible.

Our Process

  1. Step 1: Initial Free* Consultation

    We often initially chat over the phone or face to face about your legal matter. We take the time to talk to you so we can understand your problem and offer options as to the right path moving forward.

    *Your first 30 minute personal or telephone consult is free of charge.

  2. Step 2: Engagement

    If you choose to engage our services we will clearly set out what we require from you and what the initial steps will be in handling your matter. We will also provide you a quotation for your legal fees moving forward.

    We will be transparent regarding our likely fees.

  3. Step 3: Conduct of Matter

    We will keep you informed regarding the conduct of your matter and let you know what is required at each step of the process in a timely manner.

    We advise you, but you will always determine the path your matter takes.

    We can promise that one lawyer will handle your matters from start to finish. Your matters are also never “handballed” to a junior lawyer.

  4. Step 4: Conclusion of your matter

    We aim to conclude your matter as expeditiously as possible.

    Your matter may conclude but could give rise to further related legal issues. If so, we will offer further assistance.

Why Choose ET Law

  • Personalised Service

    Personalised service with experienced lawyers who take the time to listen and provide advice tailored to your specific needs or situation.

  • Home Visits Available

    The ability to organise home visits to prepare Wills, Powers of Attorney and Advance Care Directives.

  • No Set Formula

    We do not apply any one set formula to all our matters. Each matter is dealt with on a case by case basis.

  • Upfront Quotations

    We provide up front quotations as to the likely cost of your matter and can offer fixed fee services in some cases.

  • 24-Hour Emergency Service

    We offer a 24 hour emergency service for arrest and urgent matters, so you can reach a legal representative when you need one most.

  • First 30 Minutes Free*

    Your first 30 minute personal or telephone consult is free of charge, so you can understand your options before you commit.

FAQ

  • What is a criminal matter?
    In South Australia, a criminal matter refers to any legal case in which the State prosecutes an individual or organisation for allegedly committing a criminal offence in breach of a law.
  • What are some examples of criminal matters in South Australia?

    These matters may include offences such as:

    • Assault, domestic violence, murder
    • Theft, robbery, fraud (incl. taxation and / or Centrelink matters)
    • Drug possession, trafficking
    • Drink/drug driving, dangerous driving
    • Breach of bail
    • Sexual offences
    • Firearms offences
  • What legislation defines criminal or traffic offences in South Australia?

    The legislation may include:

    • Criminal Law Consolidation Act 1935 (SA)
    • Summary Offences Act 1953 (SA)
    • Controlled Substances Act 1984 (SA)
    • Firearms Act 2015 (SA)
    • Road Traffic Act 1961 (SA)
    • Motor Vehicles Act 1959 (SA)
    • Commonwealth Criminal Code (for federal offences)
  • What are my rights when speaking with police?
    • You have the right to remain silent but must provide your personal details when lawfully asked
    • You have a right to speak to a lawyer prior to answering police questions
    • If arrested, you must be told what you are being arrested for
  • Do you offer 24 hour services?
    We offer a 24 hour emergency service. While designed for arrest matters so those in need can find a legal representative in those ‘out of hours’ occasions, we will do our best to take all calls.
  • Do you provide legal aid?
    We are happy to accept legal aid matters in the Criminal area if we can accommodate it. Lauri is on both the general and complex panel and can take matters in all areas.
  • How do you charge for your legal services?
    We utilise the Supreme Court Scale (as amended from time to time). We will include a terms of engagement and a copy of the relevant scale when we are addressing your matter. In some matters we may offer a fixed fee for financial surety, however each matter will need to be addressed individually. Options will be discussed with you.
  • How do I book an appointment?
    You may either call our office or send us an email. You may send an enquiry via our webpage.
  • Will I get a criminal record if I'm found guilty, and can it be wiped later?
    Not all matters for which you are found guilty will attract a criminal record. There may however be a recording of the matter having been dealt with by a court. A criminal record and a conviction in a matter are different things. Some matters can be dealt with by not recording a conviction. If a conviction has been recorded, after a period of time, you may apply to have it removed. It will depend on the specific charge, how long ago it was and whether any other charges after it resulted in a court finding.

Send us a message

Use the following form or contact us directly through phone or email.

Your first 30-minute consultation is free*.

For after hours emergency advice, call 0409 645 733.

08 8263 2400 [email protected]