What we do at Legal Pathways

We’re with you every step of the way

There are a number of things that occur during the legal process when you have been accused of committing a crime, you may be unsure of what direction to take. Legal Pathways can help you at every step of your journey, or intervene when you need us the most, from arrest to bail applications, trials and sentencing hearings.

Here we outline the type of services we offer, how we can help you through the legal process and provide the support and expertise you need.

Arrest

The first step in any prosecution starts with someone’s arrest.

A person who is arrested has certain rights, including the right to silence and the right to speak to a lawyer. It is important you speak to an experienced criminal lawyer before you participate in a police interview because how you conduct yourself and what you say in that interview, may come back to bite you on the ar@#.

Dr Clint Hampson will take your call no matter the time of day.

Bail Application

If you or a loved one has been arrested for a criminal offence, obtaining bail will be a priority.

Being held in custody can often result in loss of employment, a relationship or housing so you do not want to remain in custody any longer than necessary. If you are refused bail, you cannot (generally) make another application unless you can show there has been a change in circumstance, so it’s important that your first application is your best.

The court will consider several factors when considering bail including, the seriousness of the allegations, whether a person is a flight risk and will attend court, whether they are likely to commit any further offences, whether there are any risks to the complainant or any witness, the strength of the prosecution case and the personal antecedents of the accused. These factors need to be properly ventilated and presented to the court when making a bail application.

Dr Clint Hampson has over a decade of experience in making bail applications in the Magistrate, District and Supreme Courts. He knows what is required to make a successful application. He knows how important your freedom is to you. He knows how bad prison food is.

If you or someone you know needs to make a bail application, contact us immediately so we can start the process. Dr Hampson will make himself available at short notice.

    1. If you are on bail for a serious offence prescribed under Schedule II Bail Act, and you are charged with another serious offence, you must demonstrate exceptional circumstances to get bail again. It’s a high bar and a difficult task. It would be easier to dog paddle to Rottnest.

    2. There is a presumption against bail if you have been charged with murder. So please don’t murder anyone.

    3. There are many conditions that can be attached to bail, including reporting to a police station, adhering to curfews, surrendering passports, restrictions on travel and protective bail conditions, not to contact a witness. Home detention is also a condition that means you are essentially imprisoned in your own home – so make sure your Netflix subscription is up to date.

    4. Anyone who is granted bail is required to sign an undertaking and for more serious matters, the court will require a person to sign a surety undertaking, which is an agreement to surrender money if you fail to attend court.

    5. Breaching bail conditions is a criminal offence that carries a maximum penalty of 3 years imprisonment or a $10,000 fine.

Negotiating & Developing a Strategy

It is important to get legal advice if you have been charged with any criminal offence.

Why? Because the law is complicated and never black and white. Sometimes the evidence is not as strong as the police have suggested to you in their interview. Evidence may be inadmissible, or witnesses may not be credible. You will need a lawyer with the skills and experience to identify any deficiencies in the evidence or holes in the prosecution case.

With expertise in forensic science and law, there is no one more qualified to do this than Dr Clint Hampson. If you want proof, read up on the Scott Austic case.

Whilst Dr Hampson gets great satisfaction from having his client’s charges discontinued, sometimes that is not achievable, and the best outcome is having the charges downgraded or simply agreeing to a set of facts that is closer to the truth.

Dr Hampson understands there are always two sides to any story, so he will advocate your position until he achieves the best possible outcome. He regularly negotiates with prosecuting authorities with great success.

Unlike other law firms, when you engage Legal Pathways, you will have the same lawyer working on your case from go to whoa. Dr Clint Hampson will be by your side, developing the best strategy, whether that is defending your charges or guiding you through the sentencing process.

    1. In the Magistrates Court, if your charges are discontinued, you can seek costs from the court to recover your legal fees. Your money is better in your top skyrocket than anyone else’s. 

    2. Most prosecutors are willing to negotiate, if the negotiations are reasonable.

    3. Open-source intelligence is a great source for obtaining rebuttal evidence to the prosecution case. You just need to know where to look.

    4. You should never accept legal advice from another inmate. If they were any good at the law, they would not be in prison.

Trials

If you have been charged with an offence that you did not commit, and negotiations have been unsuccessful, the matter may progress to a trial.

Trials are complicated as specific procedures and rules of evidence must be followed. Preparation for most trials takes weeks, not days or hours. Preparation will include a careful review of all the evidence, taking statements from the accused and other witnesses, engaging forensic experts, developing a case theory and having a flexible working plan to execute the defence case.

As scary as it sounds, sometimes a trial can be won or lost on the ability of your trial lawyers.

Being a trial advocate (Barrister) requires its own special skill set. It is very different to being a solicitor who may simply deal with the client or appear in court for preliminary matters. A good trial barrister needs to be knowledgeable on the law and the rules that relate specifically to trials, be likeable and relatable to the jury, and have a good reputation with the judiciary.

With more than 10 years of trial experience, Dr Clint Hampson ticks all the boxes. He is meticulous with his preparation; he presents a case that is digestible and relatable to a jury, and he can adopt his advocacy style depending on the type of witness/audience.

Whilst no trial is ever perfect, he will always ensure that you get a fair trial according to the law and he will leave no stone unturned in defending your matter.

    1. It is optional for Defence counsel to make an opening address at trial. Dr Hampson believes Defence counsel should always make an opening address to ensure the trial doesn’t begin with the Jury forming an initial opinion favourable of the prosecution case.

    2. There are specific rules in sex trials preventing Defence lawyers from asking complainants about their sexual past.

    3. If you are acquitted after trial in the Magistrates court, you can seek costs from the courts to cover your legal expenses. The same does NOT apply in the superior courts.

    4. Most criminal trials in the District Court or Supreme Court are decided by jury. However, there are circumstances where it is possible to have a trial decided by a Judge.

    5. Barristers in Western Australia no longer wear wigs in court. Don’t worry though, Dr Clint Hampson has plenty of the white/grey stuff on top to satisfy any weird fetish you may have.

Sentencing Hearings

If you plead guilty or are found guilty following a trial, you will be sentenced by the court.

The court will impose a sentence that is appropriate to the level of criminality, whilst taking into consideration the maximum penalties, general and specific deterrence and any aggravating (make the offending more serious) and mitigating (make the offending less serious) factors.

Sentencing options include fines, community-based orders, intensive supervision orders, suspended imprisonment (conditional or otherwise) and immediate imprisonment. A sentence of immediate imprisonment is a sentence of last resort and must not be imposed unless it is justified by the seriousness of the offence, or the community requires protection.

The sentencing hearing is a chance for you to tell your side of the story. It is important that you engage a lawyer that will listen to you and will convey to the court, all that is necessary to achieve the best outcome.

Dr Clint Hampson has represented clients in hundreds of sentencing hearings in the Magistrate, District and Supreme Courts. He will spend hours with you preparing for your hearing. He will listen to your story and gather all the relevant information that the court will require. Unlike other lawyers, Dr Hampson always submits written submissions to the court ahead of the hearing.

At the hearing Dr Clint Hampson will spend time explaining to the court the circumstances of the offending and why the offence was committed. He will focus on the mitigating factors, which reduce the severity of the sentence. He will always try to persuade the court to impose the best possible sentence for his client.

    1. In some cases, you can apply for a spent conviction. This means you are not legally obliged to disclose the conviction. Whilst there are exceptions, in most cases it means it won’t hinder any future employment or travel opportunities.

    2. A community based or intensive supervision order is a penalty designed to impose both punitive and rehabilitative measures on a person. Breaching an order by reoffending or non-compliance is an offence.

    3. There are practical benefits to pleading guilty. The law recognises that a plea of guilty benefits the community because it avoids lengthy proceedings and saves state resources. Consequently, a person who pleads guilty can get up to 25% off their sentence.

    4. The Government’s stance on getting tough on crime with tougher sentences is having little to no effect in the amount of drug related offences in WA.

    5. Prison food is horrible – so Dr Hampson will do whatever he can to avoid you tasting it.