Alex Miglietti, Criminal Lawyer
Alex Miglietti graduated with a Bachelor of Arts and completed his Juris Doctor at the Australian National University in 2021.
Following Alex’s admission to the legal profession, he practised in property, commercial and employment law before discovering that his attributes and interests aligned with the practice of criminal defence law.
Alex vehemently upholds the principle that every person has a right to proper defence and a fair hearing. He is a passionate and effective advocate committed to achieving exceptional client outcomes.
Alex works out of our Frankston office and regularly appears in all traffic and criminal law matters in the Frankston Magistrates Court.
Alex’s recent case outcomes:
1. Assault, recklessly causing injury and threat to kill charges
Alex represented a client charged with multiple counts of assault, recklessly causing injury and threats to kill. An altercation occurred, and our client was assaulted by his neighbour. Another neighbour attempted to assist, further attacking our client. In the heat of the moment, our client grabbed a sledgehammer and walked across the street, waving and shouting at his attackers. There was clear CCTV footage depicting our client defending himself from an attack by his neighbour, but the prosecution refused to withdraw the charges, stating that our client exceeded mere self-defence. Alex made strong submissions at the contest mention that the threat to kill was made in the heat of the moment without the sufficient intent required for the offence. The matter was resolved with a single charge of unlawful assault without contact and using threatening words in public. Our client received a fine with non-conviction.
2. CCO with non-conviction for multiple serious charges
Our young client was charged with many serious offences, including theft of a motor vehicle, trafficking cannabis, obtaining property by deception, drug driving and drug possession. He was also charged with obtaining the proceeds of crime. Most of the charges had been agreed or negotiated; however, the trafficking and proceeds of crime remained unresolved.
Following further negotiations with the prosecution and submissions to the Magistrate at contest mention, Alex successfully had the proceeds of crime charge withdrawn.
Following a plea in mitigation on remaining charges, despite the severity of the offending, Alex’s submissions successfully resulted in a finding of CCO with non-conviction by the Magistrate.
3. Drink driving charge withdrawn
Alex represented a client charged with drink driving after police were called to attend to a parked car. Our client had been asleep in the car, and the car had a flat tire wedged on a sleeper. The client instructed that he started drinking after the car had stopped, but he was breathalysed and charged with drink driving due to being in the car. The prosecution refused to concede the possibility that he had consumed alcohol only after becoming stuck. The matter was referred to a contest mention. Rather than arguing that he had not been drinking until after the vehicle had stopped, Alex submitted that his client had been breathalysed for being in an accident despite the facts that his car was not damaged and the legal definition of accident had not been met. The prosecution agreed to withdraw the charges.
3. Fine for driving while suspended
Alex represented a client pulled over and charged with driving while suspended. Our client had a poor driving history, and this was not his first offence for driving while suspended. He could not produce much character reference material and was not employed at the time. Alex made substantial submissions to the Magistrate that community interests would be better served if he were permitted to keep his licence to support his family and that further licence suspension would cause undue hardship. Following further submissions, Alex was successful in achieving a moderate fine with no further loss of licence and non-conviction for our client.
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