You are in the best hands with our experienced criminal lawyers.
If you are facing criminal charges, it is crucial that you have the right criminal law firm by your side. You get a responsive, empathetic, 5 star rated service from our criminal defence lawyers, as well as a drive to win your criminal case with our criminal defence lawyers. Since this is the case, our team of criminal defence experts has become highly sought after across the nation.
To ensure your criminal defence team is well prepared to represent you, it is imperative that you are similarly upfront and honest with your criminal defence team.
We have 12 years of combined experience, we understand both the case at hand as well as the individual.
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The best criminal lawyer advice you will receive upfront from any criminal law firm is criminal law 101 – you have a right to silence. Although it may not always seem that way, you are not required to participate in any police interview. Police will process your paperwork and if they decide to release you, you will be served a Court Attendance Notice along with Police Facts. If you have been charged you should seek legal advice from a criminal lawyer immediately. We provide a 24 hour hotline with expert criminal lawyers who will advise you about your rights and attend your police station if necessary.
You will be taken to court to apply for bail (Court Bail) if the police refuse bail. If an individual fails to appear at future criminal proceedings, commits another serious crime, endangers the safety of victims, individuals or the community, or interferes with witnesses or evidence, the court will apply the ‘unacceptable risk test’.
Our Sydney criminal lawyers will have to show the court that your detention is unjustified if you are facing serious charges that carry a term of imprisonment.
It is highly recommended that you engage criminal defence lawyers with a proven track record to make a bail application for you in the Supreme Court if your bail is refused by the local or district court.
In criminal cases, the prosecution bears the burden of proof, which means you do not have to prove that you are not guilty, but the police must be able to convince the court beyond a reasonable doubt that you have committed the crime. This phrase, according to case law, basically means that the court has no doubt that there is no other explanation for what happened other than that you committed it. The Court will likely find you not guilty of an offence if your criminal solicitor or Sydney criminal lawyer is able to create doubt that you committed it. It’s easy to understand that having the right law firm and criminal defence can make or break your case, regardless of whether it’s a serious crime or a less serious one. A judge or magistrate may consider partial or complete defenses, which can result in no penalty or a reduced penalty. A criminal lawyer notes that these include the following:
Self Defence – used reasonable or equivalent force to defend yourself.
Duress/Necessity – You were forced to act the way you did either due to threat or fear and/or necessity.
Consent – The consent of the alleged victim can be used as a defence to a sexual assault charge.
Automatism – including uncontrolled acts, sleepwalking, under anesthetic, suffering from some forms of epilepsy or concussion,
Mental Impairment – Mental health at the time of the incident may be a factor that the Court will consider in making a decision in your criminal law matter if it is raised a defence. This may lead to a court order for your detention in a fitting institution until such time when the Court is satisfied that your release will not be an endangerment to the community.
Claim of right – where a person believes they have a legitimate claim to certain money or property.
Upon conviction, you will have a criminal record if you are found guilty of an offence. When most searches are conducted, the charge will no longer appear on your criminal record after 10 years if your record is valid. AHPRA may always list the working with children check as well as positions within the health care sector regulated by it, such as nurses and carers. If you have a conviction for sexual assault, drug offenses, domestic violence, or assault, further complications may arise. That’s why it’s so important to hire the best criminal lawyers in Sydney.
Having experienced criminal defence lawyers to make suitable submissions in your criminal case can be pivotal in achieving a good outcome in your criminal case. Section 10 of the Crimes (Sentencing Procedure) Act 1999 sets out that a court may dismiss charges or impose conditional discharge of an offender without recording charges against their criminal record. Our Sydney criminal lawyers clarify that without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
an order directing that the relevant charge be dismissed,
an order discharging the person under a conditional release order (in which case the court proceeds to make a conditional release order under section 9),
an order discharging the person on condition that the person enters into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
Indictable offences
A judge sentencing a person convicted on indictment may, in addition to or instead of any other punishment, impose a fine up to 1,000 penalty units: s 15(2) Crimes (Sentencing Procedure) Act 1999. Section 15 does not apply where another provision empowers the imposition of a fine for the offence: s 15(1). Fines may be imposed in addition to or instead of any other penalty that may be imposed for the offence: s 15(3). Therefore, fines may be imposed under s 15 in addition to, or instead of, any of the following dispositions:
imprisonment
intensive correction order (ICO)
community correction order (CCO).
A fine cannot be imposed in addition to a conditional release order (CRO) in respect of the same offence: s 9(3) Crimes (Sentencing Procedure) Act.
Certain indictable offences may be heard summarily under the Criminal Procedure Act 1986. The maximum fine that a magistrate hearing such matters may impose is set out in s 267(3) Criminal Procedure Act (maximum penalties for Table 1 Offences), being 100 penalty units or the maximum fine provided by law for the offence, whichever is the smaller fine. Section 268 Criminal Procedure Act sets out the maximum penalties for Table 2 offences.
The maximum amount of a fine is generally the amount prescribed for the offence. Where a person is convicted of an offence at common law or indictment, the penalty is at large. The fine imposed should not be excessive: Smith v The Queen (1991) 25 NSWLR 1 per Kirby P at 13–18, and Mahoney JA at 24.
Police will serve a Court Attendance Notice (CAN) to you at the police station if you have been detained, or at your residence if you are at home.
You will find the date, time, and Court on the first page of your Court Attendance Notice. Your case will be listed for mention before a Magistrate, at which point, you may choose one of the following options: 1. If you have not already obtained legal advice, adjourn the matter to another day for mention if you have not already done so; or 2. Enter a plea of guilty or not guilty. Note: entering a plea of guilty means you admit you are guilty of the charge, even if you disagree with everything the police facts have stated. If you enter a plea of not guilty, you do not admit to the charge. A plea of not guilty will be adjourned until another date, whereas a plea of guilty will result in sentencing on the spot for summary offences. According to the severity of the offense, you may need to move the matter to the District Court or Supreme Court if it is considered an indictable offence.
In the case of an adjournment at the first mention, it is likely that you will either have sought legal representation or enter a plea at that time. It is up to you whether you plead guilty or not guilty. If you plead not guilty, the matter will be adjourned to another day, or if you plead guilty, you will be sentenced on the spot for summary offenses. Depending on the severity of the offence, the hearing may take a number of days if you entered a not guilty plea at the first mention. If you entered a not guilty plea at the first mention, the case will be heard by a judge that day and you will be sentenced. In addition to the police brief, your criminal defence lawyer would have been provided with all evidence gathered by the police in your case. Any witnesses required to attend the hearing would also have been advised to the Police by your Solicitor. The best way to prepare for a hearing is to hire a good criminal lawyer.
You can request that the police drop some or all charges if you enter a plea of guilty based on a lack of evidence or overcharging if you enter a plea of guilty. You can do this if you hire a solicitor early on in your case and they can try to get some or all charges dropped before you reach this point.
Generally speaking, you will be asked to give evidence in the witness box along with other witnesses in your matter on the last day of your hearing/trial.
An experienced criminal lawyer can discuss your chances of filing an appeal in the Court of Appeal if you are dissatisfied with the Outcome.
We have maintained our outstanding track record by ensuring our leading criminal defence attorneys and traffic lawyers know and apply criminal law and traffic law day in and day out. Our Sydney criminal lawyers have represented clients charged with a plethora of criminal offences and criminal charges, keeping our experienced team up to date with the latest criminal law cases (case law) and well above the law society’s accreditation requirements. Besides helping solve problems with health insurance and poor quality treatment of erectile dysfunction symptoms, our lawyers offer generic viagra medicine, which you can read more about here.
Whether you are facing criminal charges, our criminal law firm offers affordable fixed-fee legal fees for most criminal law offences and criminal charges, including apprehended violence orders, arson, assault charges, bail applications, commonwealth offences, corporate crime, cruelty to animals, damage to property, domestic violence, drink driving, drug driving, drug importation, drug offences, embezzlement, firearm offences, fraud charge, indecent assault, manslaughter, murder, offensive language and conduct, public order offences, robbery, sex offences, stalking and intimidation, stealing, tax fraud, and traffic offences. For an outline of our fixed fees, book a free consultation with one of our best criminal lawyers.
There are two types of criminal charges or offences in criminal law: summary offenses, which have a maximum penalty of 2 years in prison, and indictable offenses.
Crimes Act 1900 No 40 specifies the maximum penalties for all prescribed criminal charges.
Criminal laws provide the elements of an offence and the maximum penalty for indictable offences, which are more serious than summary offences. A penalty can, however, vary from dropping charges to the maximum penalty for the offense, depending on the facts of the case and the evidence available. Regardless of how serious the charge is, you should seek legal advice to determine how serious your specific case is. In many cases, it may be possible to make representations to the police setting out reasons why some or all charges should be dropped. This will save you the hassle of going to Court or at least avoid a hearing. In the menu, you can select the criminal offense you committed to see details about your punishment, imprisonment, and/or fines, as well as the severity of your offense.
In New South Wales, the Criminal Procedure Act is a law, so the Criminal Procedure is not a Commonwealth uniform procedure and therefore different in each state. Under the Criminal Procedure Act, Truth Lawyer’s Criminal Law Solicitors are fully familiar with the Criminal Procedure Act and the Criminal Justice System. We have some of the best names in Criminal Defence Law on hand to guide you through your criminal law case. We work with barristers in regional NSW and interstate to ensure you receive the best possible outcome in South Australia, Queensland, Victoria, and Western Australia.
All criminal matters are commenced in the Local Court (unless the offence is more severe in which case it may be moved to the district court or supreme court. It is uncommon for a criminal case to be heard in the High Court of Australia). Police must serve a Court Attendance Notice (CAN) on the accused in order to bring charges. A CAN should include the charges, the section of the Act under which they are being framed, the police facts of the incident, and a notice of the date and time that the matter will be listed and which court they must appear in.
If you have been served with a Court attendance notice and charged with any of the above offences, it is recommended that you seek legal advice as soon as possible before the date on which your matter is listed. On the first page of the Court attendance notice, you will see which date, time, and court you must appear.
It is likely that any past convictions will no longer appear on your criminal record if you have not committed a crime in the past ten years. However, they never really disappear, just like Snapchat photos.
Your criminal history will still record any convictions and you may be required to disclose them when applying for certain jobs. Your criminal history includes everything from AVOs to withdrawn or dismissed charges to not guilty verdicts. Your criminal history includes all of these things. For example, when applying for jobs in certain industries.
It is possible for an offence to remain on your criminal record if:
Because of this, you must get the best defence as soon as you become aware of your legal issues.
When you are charged with a crime, the process differs depending on the type of crime
Offenses prosecuted summarily in the Local Court include the following:
– Issued Court Attendance Notice
– First Mention
– Plead guilty -> sentenced on the day
– Plead not guilty
– Service of Brief of evidence
– Defence reply to brief
– Hearing- sentence on the day, if found guilty
Indictable offences:
– Committal in Local Court
– Matter transferred to District or Supreme Court
– Plead guilty -> Sentence
– Plead not guilty
– Trial
– Convicted
– Acquitted
– Sentenced
The term Actual Bodily Harm refers to physical contact that results in an injury to the victim. For example, hitting someone across the face leaves a scratch, a red mark, and a bruise.
The maximum penalty for ABH is five years’ imprisonment. If it is an aggravated offence, such as committing the crime in company with another person, the maximum penalty is seven years’ imprisonment.
In GBH, the victim receives a serious, potentially life changing injury as a result of physical contact. A punch to the head can cause brain damage, for example. Assaults in this category are at the highest level of offending and have multiple subcategories.
For recklessly inflicting GBH, the maximum penalty is ten years’ imprisonment. If committed with another person, the maximum penalty is fourteen years’ imprisonment.
District or Supreme Court indictments are used to prosecute indictable offences involving a maximum penalty of more than two years in jail. Examples include:
Murder
Manslaughter
Dangerous driving occasioning death
Drug trafficking
Depending on the severity of the offense, the Prosecution can deal with some indictable offenses summarily. Examples include:
Stalking and intimidation
Identity offences
Animal cruelty
Unauthorised use or possession of a firearm
Summaries are offenses that are not dealt with by indictment and heard in the Local Court. The maximum penalty is two years in prison. Examples include:
Drink driving
Drug driving
Common assault
Shop lifting
Resist arrest
Assault officer in the execution of duty
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