The Leading Central Coast Criminal Lawyers

If you have been charged with a criminal offence in New South Wales (NSW), it is essential to take immediate action and follow these steps:

1. Seek Legal Representation: Contact an experienced criminal defence lawyer immediately. They will provide you with legal advice, protect your rights, and guide you through the legal process. If you don’t have a lawyer, our lawyers are experienced solicitor advocates that regularly appear in the Local Court, District Court, Supreme Court and Court of Criminal Appeal.
2. Understand Your Charges: Obtain a clear understanding of the charges against you. One of our lawyers will explain the nature of the offence, potential penalties, and the essential elements (or ingredients) that the prosecution must prove beyond reasonable doubt. Understanding the charges will help you make informed decisions regarding your defence strategy.
3. Attend Court Appearances: Attend all scheduled court appearances. Your lawyer will advise you on when and where you need to appear. Failure to appear in court as required can have serious consequences. Dress appropriately and maintain a respectful demeanour in the courtroom.
4. Provide Information to Your Lawyer: Share all relevant information and documents related to your case with your lawyer. This may include police reports, witness statements, or any other evidence that may support your defence. It is common for clients to think some information is ‘irrelevant’ only for it to come out in court (without warning to the defence lawyer) and turn the entire defence case on its head. Therefore, open and honest communication with your lawyer is crucial for building a strong defence strategy.
5. Consider Bail Options: If you are in custody, our lawyers can assist you in applying for bail and seeking your release from custody until your case is determined. Bail decisions depend on factors such as the seriousness of the allegations, your criminal history, the danger to the community and victim, and your risk of flight (leaving the jurisdiction) and/or reoffending. Your lawyer will represent you during bail hearings and advocate for your release, if it is advisable to do so.
6. Follow Legal Advice: Listen to the advice and guidance provided by your lawyer. We are experienced in criminal defence and will advocate in your best interests.
7. Take Care of Your Well-being: We understand that facing criminal charges can be a stressful and challenging time for our clients and their loved ones. Take care of your physical and mental well-being by seeking support from friends, family, or counselling services. It’s essential to maintain a positive mindset and follow healthy coping strategies during this process. In many respects, the criminal justice system is a marathon, not a sprint – it requires you to look after your well-being and maximise endurance.

Remember, every case is unique, and it’s crucial to consult with a qualified criminal defence lawyer who can provide personalised advice based on the specific details of your case.

A criminal defence lawyer can provide essential legal advice, explain your rights, analyse the evidence against you, negotiate with the prosecution, and represent you in court. They will work diligently to secure the best possible outcome for your case, whether it’s getting charges reduced or “downgraded”, seeking an acquittal, or persuading the sentencing court to impose the least punitive penalty.

The consequences of a criminal conviction in NSW can vary depending on the offence. They may include imprisonment, fines, community service, probation, loss of driving privileges, impact on employment prospects, travel restrictions, and the creation of a criminal record. The severity of the consequences depends on factors such as the nature of the offence, prior convictions, and personal circumstances.

When dealing with the police in NSW, you have the right to remain silent (subject to a few exceptions – which is why it is essential first to seek legal advice), the right to legal representation, and the right to know the reason for your arrest. It is important to exercise these rights respectfully and cooperate within the limits of the law. Consulting with a lawyer before providing any statements or answering questions is highly recommended.

In 2013 the NSW Parliament introduced legislation that amended the Evidence Act to allow an unfavourable inference to be made against the accused if he or she failed or refused to mention a fact at the time of official questioning and later relies upon it in his or her defence. Thankfully, strict criteria must be met before your right to silence is abrogated. For this reason, you must discuss your right to silence with an experienced criminal defence lawyer.

In NSW, a summary offense is generally less serious and can be heard in the Local Court, while an indictable offence is more serious and is typically heard in the District Court or Supreme Court. Indictable offenses can be further categorised as either “table” offences (which can be dealt with summarily in the Local Court) or “strictly indictable” offences (which must be dealt with in either the District Court or Supreme Court).

The Supreme Court is the highest court in NSW that hears trials for the most serious of offences, such as murder, treason and terrorism offences. The District Court hears all other offences dealt with on indictment.

Yes, in certain circumstances, you can appeal a decision made in a lower court to a higher court. An appeal typically involves demonstrating errors in law, procedure, or fact that occurred during the trial or sentencing. Appeals from the Local Court are generally heard in the District Court but may be appealed directly to the Supreme Court if the appeal deals with a question of law alone. Appeals from both the Supreme Court and District Court are heard in the Court of Criminal Appeal (or in the Court of Appeal in civil matters). Three (sometimes five) Justices of the Supreme Court will hear appeals in the Court of Criminal Appeal and Court of Appeal. If you are still unhappy with the result, you may be able to appeal to the High Court of Australia, which hears appeals from the Supreme Courts of the several States and Territories, and the Federal Court of Australia. It is important to consult with an appellate lawyer who can assess the merits of your case and guide you through the appeal process.

The duration of a criminal case in NSW can vary depending on various factors, such as the complexity of the case, the number of charges, the court’s schedule, and whether the case proceeds to trial in the District Court or Supreme Court. Some cases may be resolved quickly through negotiations or guilty pleas, while others may take two to three years (or longer) if they go to trial.

Whether you can obtain bail after being arrested for a criminal offence in NSW depends on several factors, including the seriousness of the charges, your criminal history, and the risk of flight or reoffending. Bail laws in NSW are complex, so it is crucial to first consult with a lawyer who can assess your specific circumstances and advocate for your release on bail if appropriate.

Defences in a criminal case depend on the specific circumstances and nature of the charges. Common defences can include lack of intent, self-defence, duress, honest and reasonable mistake of fact, alibi (you were somewhere else at the time of the alleged offence), identification issues, or challenging the admissibility or reliability of evidence. An experienced criminal defence lawyer can assess the facts of your case and identify the most appropriate defence strategy.