You should get advice from an experienced criminal lawyer, make sure you know when your first court date is and organise for your lawyer to be there on your behalf.

If you get arrested the police will take you to a police station. They will often offer you the chance to take part in a formal interview, and then they will determine whether you should be released, granted bail, or refused bail. If bail is refused, you will be put before a magistrate, and you may apply bail.

It is extremely important you engage a criminal lawyer, whether you have been charged with a minor offence or a serious offence. The impacts of a conviction or jail sentence can be long-lasting and once the decision is made, there aren’t many ways to rectify the situation.

Police have power to search your house in certain instances. The most common way a police officer may search your house is if they have a search warrant granted by a local court magistrate. They may also enter private property (including a house) in the following circumstances:

• A person has suffered significant physical injury or there is imminent danger of such, and it is necessary to enter the premises immediately to prevent further significant physical injury.
• The body of a person who has died, other than as a result of an offence, is on the premises, and there is no occupier to consent to entry.
• A breach of the peace is being or is likely to be committed, and it is necessary to enter the property to end or prevent the breach of peace.

Police can search a car with a search warrant, or in the alternative, they must have reasonable suspicion as to any of the following:

• The vehicle contains, or a person in the vehicle possesses stolen or unlawfully obtained goods
• The vehicle was or may have been used in committing a specified offence
• The vehicle contains anything used in or intended to be used in or in connection with a criminal offence
• The vehicle contains, or a person in the vehicle possesses prohibited plants or drugs in contravention of the Drug Misuse or trafficking act.
• Circumstances exist on or near a public place that are likely to give rise to a serious risk to public safety.
• The police also have separate powers where a person is subject to a firearms prohibition order.

That is unless you consent to the search. It is never advisable to consent to a police search even if you don’t have anything in your car.

There are three different types of offences, summary offences, table offences and strictly indicatable offences. Summary offences can only be dealt with in the local court, summary offences are usually dealt with in the Local Court unless the prosecutor or the defendant seeks to have it heard in the district court, and strictly indictable offences are offences that are so serious that they must be heard in the District or Supreme Court. The difference is extremely important as the maximum penalty a local court can impose for an offence is two years imprisonment which is much less than the District or Supreme Court.

You should bring a copy of your fact sheet, a copy of your bail conditions and a copy of your criminal record if you have it. If you wish to bring supporting evidence to verify your version, that may also be a good idea. This can include CCTV footage, photos, etc.

The overall cost of your case will depend on the complexity of your case and whether you wish to plead guilty or not guilty. If you wish to receive a quote for your matter, feel free to reach out to our team of experienced criminal lawyers on 0415 932 866.

It is extremely important to choose a reliable and knowledgeable criminal lawyer. You can search them up on Google to see what reviews they have and significant results they have achieved in the past, and you may wish to speak with them. Some firms offer a free, no-obligation consultation to discuss your case.

No, it is never advisable to give a police interview, especially without receiving legal advice and discussing your options with an experienced criminal lawyer..

Bail is a determination by either the police or the court that a person should be released with or without conditions while their matter is determined. Bail is a very important and complex area of the criminal process, and if you are required to apply to the court for bail it is crucial that you speak with a criminal lawyer. Generally speaking, a person has two opportunities for bail: the first is in the Local Court of New South Wales and the Second is in the Supreme Court of New South Wales; very rarely is a person able to make multiple applications for bail in the same court.

You have a right to decline to take part in an identification parade. No matter what police tell you, there is no obligation to take part in an identification parade. You should not volunteer to take part in an identification parade, and if police ask, it is often in your best interest to politely refuse. The police may still use photos of you in an identification parade; however, there are significant restraints on the types of photos that can be used.

The case will be listed for what is called a ‘mention’. Often you will be required to enter a plea, however if you are yet to get legal advice and wish to speak with a criminal lawyer you may ask the magistrate for a two-week adjournment so you can get legal advice. It is important that you do so before entering any pleas of guilty or not guilty.

Possess prohibited drug is one of the most commonly charged offences in the criminal justice system. A person can be charged with possession if the drug was in the persons custody or control and the person knew they had custody or control of the prohibited drug.

Supply includes the sale, distribution, agreement to supply, offering to supply, having in possession for the purposes of supply, sending, forwarding, delivering or receiving for supply or authorising, directing, causing, suffering, permitting or attempting to supply of a prohibited drug. Supply can also include possession of a certain quantity of a drug; this is referred to as ‘deemed’ supply.

Drug importation is an extremely serious offence, drug importation involves intentionally bringing a substance into Australia and that substance is listed as a border-controlled drug. Depending on the amount of drugs involved, a person can be subject to a maximum penalty of imprisonment for life if found guilty.

It is possible to avoid a conviction for a drug offence, even if you plead guilty. Relevant factors to determining whether you are likely to receive a conviction involve the number of drugs found on you, the type of drug found on you, whether you have been found guilty of a drug offence previously, any mitigating circumstances around your offending as well as your evident remorse and prospects of rehabilitation. Our lawyers are renowned for getting extremely unlikely results, often achieving non-convictions for serious drug matters.

A criminal conviction will appear on a person’s criminal record unless that conviction is ‘spent’. A conviction will be spent after the expiry of the bond if the person received a conditional release order without conviction; it will also be spent after a period of ten years when a person is convicted of certain offences and does not commit further offences during that period. Certain offences, such as where a prison sentence of more than six months is imposed, and certain sexual offences cannot be spent.

If you are represented by a lawyer, you won’t have to speak in court unless you are giving evidence. Your lawyer will speak on your behalf and make the required applications at the appropriate times.

If you ever find yourself in a case where there may be a criminal charge against you, the chances are that you are going to be scared for your life. There are so many different scenarios that could lead to that, and you need to find someone who has experience dealing with your specific situation. For example, you cannot expect someone who deals with DUI cases regularly to work well on a sexual assault case. When you are shortlisting, be sure to ask for relevant experience and see if the Sydney criminal lawyer you are considering has what you need.

Beyond a reasonable doubt is the standard of proof in criminal matters in New South Wales. Accused persons are presumed innocent until proven guilty in all jurisdictions in Australia.

In New South Wales, Australia, reasonable doubt is a legal standard of proof that is used in criminal trials. It requires the prosecution to prove beyond reasonable doubt that the accused person committed the crime charged. This standard of proof is designed to ensure that innocent people are not convicted of crimes they did not commit.

Reasonable doubt is not the same as absolute certainty. The prosecution does not have to prove the accused person’s guilt beyond all possible doubt. However, the prosecution must prove the accused person’s guilt to such a degree that there is no reasonable doubt about their guilt. In determining whether there is reasonable doubt about the accused person’s guilt, the jury must consider all of the evidence that has been presented in court. The jury must also consider any reasonable inferences that can be drawn from the evidence. If the jury has any reasonable doubt about the accused person’s guilt, then they must find the accused person not guilty.

The standard of proof beyond reasonable doubt is a fundamental principle of the Australian criminal justice system. It ensures that innocent people are not convicted of crimes they did not commit and that the guilty are held accountable for their crimes.