FAQ

Frequently Asked Questions

Explore our Frequently Asked Questions (FAQs) to find the information you need.

  • We are criminal law specialists
  • We have over 40 years of combined criminal law experience
  • We know the courts, the prosecutors and the police system
  • We get results (look at our recent case studies)
  • We only charge fixed fees for all our services (no nasty surprises with our bills) except appeal work
  • We offer a free, no obligation face to face consultation about your criminal charge* (and yes, we can do Skype consultations for people in regional or remote areas)
  • We only advise a client to take a matter to trial where there is a genuinely reasonable prospect of success.

No. We truly specialise in what we know best – criminal law. We do not take on cases in any other area of law (eg. family law, personal injuries, commercial law, wills and probate etc.). We are in court every day and we are constantly working on criminal cases which keeps us up to date with the latest developments in the criminal law.

  • We run well over 20 defended trials each year
  • One or more of our lawyers is in court each day

We are expert at assessing large and complex briefs of evidence and can quickly identify weaknesses in the prosecution case and what lines of expert evidence we may need to pursue.

We are very familiar with sentencing trends in the Court of Appeal and with the necessary information provided by our clients we are able to accurately advise on the likely disposition (i.e. sentence) in the event of a finding of guilt for any criminal offence.

Our lawyers have appeared as counsel in hundreds of criminal trials and sentencing hearings across all courts – the Magistrates Court, Children’s Court, District Court and Supreme Court.

Our lawyers regularly negotiate with prosecutors and police officers and we regularly appear in all courts. We have the advantage of knowing the idiosyncrasies of the Magistrates and Judges we appear before daily.

Yes – we offer a fixed fee for all of our services. We don’t charge by the hour or in six minute increments. We focus on getting the best result for you not finding ways to expend unnecessary time on your matter so we can charge you more. Before you sign up as a client of Perrella Legal you will have a very accurate estimate as to how much it will cost to see your matter through to completion. Our fees are fixed and spelt out in plain English in our costs agreement.

Yes, we offer a no-cost, no-obligation consultation if you have been charged with a criminal offence*. Please note, that if you have not been charged with a criminal offence, a fee will apply for the consultation.

At the consultation, one of our criminal lawyers will cover all of the following in a comprehensive initial consultation about your criminal charge:

The maximum penalty, the minimum penalty (if applicable) and the mandatory penalty (if applicable) for the offence/s; and where applicable, the automatic consequences for you in the event of a conviction, for example, whether a conviction for the offence will result in you being disqualified from holding or obtaining a motor driver’s license, being declared a drug trafficker or being registered as a reportable sex offender; or whether you may be liable to pay criminal injuries compensation or liable to deportation (these are just a few of the many potential automatic consequences following a conviction/sentence for certain offences).

Client Testimonials

I am not a review writer, however I can find no better way than to post a review as I come to the end of a lengthy, challenging matter.

With all these “criminal law“ matters knowing who to turn to often comes when one is desperate for direction,  before even receiving good legal advice.

I can not give advice on criminal matters but I can give direction when it happens.  

Call Michael Perrella. 

I have received a service that is clear, competent, succinct and successful. 

It is exceptional in this day and age to have a professional who listens and understands.  And understands quickly.  Implicit in the rate of a lawyer is not just what they do (which in my case was impressive ) but the efficiency of how they execute those services.   This is important where funds are finite.  (Aren’t they always!)

You will get very good value with Michael Perrella.

Traits of competency, communication and understanding are key in the matters of criminal law. 

I received  a service with all these traits from Michael and his team.  You will get excellent  advice with Michael Perrella. 

Michael took over the case late in its process after I was referred to him by a friend.  He instantly got to the heart of the complex matter and skilfully did what needed to be done without fuss and managed with care.

From then on my stress levels reduced significantly and I began to feel confidence in the process and rightful outcome.

Perrella Legal have assisted enormously to my family’s health and well being. That can not be measured. 

All who read this please know with Michael Perrella and his team you are in good hands. 

B
21 October 2023

I had a difficult case, with difficulty on time lines, [but] what I had was the most understanding compassionate team with Ms Antoine and McLean. Their professionalism, duty and after service was second to none, I thoroughly recommend this firm.

BC
15 May 2023

Dear Ashleigh

I hope this email finds you well. I wanted to take a moment to express my heartfelt gratitude for your exceptional effort and assistance throughout the entire two-year court process. Your dedication and support have been invaluable, and I cannot thank you enough.

From the very beginning, you have consistently gone above and beyond to ensure that I received the best possible guidance and representation. Your extensive knowledge of the legal system, attention to detail, and ability to explain complex legal matters in a way that I could understand were truly remarkable.

Not only did you provide me with expert advice and representation, but you also showed genuine compassion and empathy during what was undoubtedly a challenging and daunting period in my life. Your unwavering support and reassurance helped alleviate some of the stress and anxiety I was experiencing throughout the process.

Your commitment to my case was evident in the countless hours you spent researching, preparing documents, and representing me in court. I truly felt that you had my best interests at heart and that you were fighting for justice on my behalf.

I am immensely grateful for your guidance and expertise, which ultimately resulted in a successful outcome for my case. Your tireless efforts and professionalism are a testament to your exceptional skills as a legal professional.

Once again, please accept my deepest appreciation for your extraordinary effort and assistance throughout the entire court process. Your unwavering dedication and support have made a significant difference in my life, and I am extremely thankful to have had you by my side.

You are truly an exceptional lawyer, and I will not hesitate to recommend your services to anyone in need of legal representation.

A
12 October 2023

Michael handled my brother’s serious criminal case and is a very professional, honest, and experienced individual. He understands exactly what he is doing and what needs to be done during the trial. He is very intelligent and confident in his abilities as a defence attorney. In comparison to other firms, his legal fees are reasonable. If you work with Perrella Legal, you will be extremely fortunate. Amelia is also very helpful and friendly; she understands the client’s pain and never becomes angry. Michael answers emails on weekends and after hours. During the trial, he is an excellent fighter. Don’t be concerned if Michael handles your case, in my opinion

M
23 March 2023

I would like to express my sincere gratitude to Michael Perrella and Amelia Mclean for all their help and bearing with me all through the most challenging legal battle of my life in the Court of Law which was completely framed by my then wife along with her entire family specially parents.
Mr Perrella is the most prudent lawyer, experienced, amiable, and methodologically proceeded my case with his team including Ms Mclean with the utmost care with an empathetic approach and I was acquitted of all 4 charges with jurors giving their verdicts within a short period of time “Not Guilty”. It was euphoric and the credit went to Michael. Michael has a great patience to listen to his client.
Justice prevailed with Michael’s tireless work of 7-day-trial. Michael brought back justice to his innocent client proving the opponent you can’t gloss over Michael even you managed to do so almost every Authority.
Ms Mclean is one of the coolest soft-spoken lawyers with an attitude to help everybody and she was very supportive all along.
The Perrella Legal team is highly recommended for anyone seeking legal advice and support within an affordable price with a great care.

MA
27 March 2023

Good afternoon, I would like to leave an anonymous review for Perrella Legal, most especially to Ms. Ashleigh Antoine. I am very grateful to have spoken to Ms. Antoine at the first instance because we felt we are in good hands. She explained the process in terms that we can understand. She is very professional, nonjudgmental, and very down to earth. Throughout the process of almost 3 years, we achieved the best outcome. I can never thank her enough for her patience for our son, she recognised his needs and dealt with him in a manner that is honest, transparent, and reassuring. She worked hard for this case and we see how dedicated she is in her profession and in helping her clients. She is a fighter in court, calm, and hands down with her expertise as a defense lawyer. The fear of hearing the prosecutor lay out information to the judge that we think was not in our favor, Ms. Antoine counters it with significant non challenging arguments that I would not have thought about and puts us at ease each time. She is AMAZING! What an exceptional ability she has and more respectable because of her HUMILITY.

BR
18 January 2024

Drink driving offences are based on your blood alcohol concentration (BAC). If your BAC is above your legal limit, you can be charged under the Road Traffic Act 1974 (WA), even if you feel fine to drive.

The main categories are:

  • Excess 0.05 – lower-range offence, usually fines and disqualification;
  • Excess 0.08 – mid-range offence with mandatory disqualification;
  • DUI / Excess 0.15 – high-range offence, often involving court appearance and risk of jail for repeat or serious cases;

Failing to Provide a Sample – refusing a breath or blood test, treated very seriously.

Some drivers are subject to stricter BAC limits, including:

  • P-plate / novice drivers (often 0.00);
  • Truck, bus and commercial drivers;

Certain workplace or licence conditions.
If your BAC is over your applicable limit, you can still be charged even if it’s below 0.05.

Yes. Alcohol affects people differently, and BAC can rise unexpectedly depending on timing, body weight, food intake, and metabolism. The law focuses on the reading, not how you felt.

Refusing a breath or blood test is a separate offence and can attract penalties equal to or higher than high-range drink driving. Courts treat refusals seriously because they prevent police from confirming BAC.

There are two main drug driving offences:

  1. Prescribed Illicit Drug Present – cannabis or methylamphetamine detected in saliva or blood even if you weren’t impaired.
  2. DUI-Drugs – police must prove you were actually impaired, which usually requires expert toxicology evidence.

Yes. For “drug present” charges, impairment doesn’t matter — the offence is based on detection alone. Even small traces can lead to a charge.

Not always. Issues can arise with:

  • Testing procedure errors;
  • Timing of the sample;
  • Storage and chain of custody;
  • False positives; or

Delays between driving and testing.
These issues can affect whether the prosecution can prove the offence.

Penalties vary depending on the offence and whether you have prior convictions. They can include:

  • Licence disqualification (mandatory in many cases);
  • Fines;
  • Court-ordered programs or community orders; and

Imprisonment, especially for repeat offenders or high-range DUI.

For many categories — especially mid-range or high-range drink driving and drug driving — disqualification is mandatory.
However, in some cases we can negotiate or argue for reduced periods, depending on your record and circumstances.

Yes. Depending on the facts, defences may include:

  • Police not following correct testing procedures;
  • Problems with sample handling or timing;
  • Challenging whether you were actually driving; or

Medical or factual explanations affecting the evidence.
Early advice is key, because many defences depend on what happens in the first days after charge.

Yes. We regularly assist clients to:

  • Challenge incorrect or unreliable testing;
  • Negotiate charge reductions where appropriate;
  • Make strong sentencing submissions to reduce penalties; and

Explore options such as extraordinary licences (if eligible).

Contact Perrella Legal today for confidential advice from an experienced drink and drug driving lawyer in Perth.