Criminal Law
Many people find themselves in difficulty with the law, often for reasons and due to circumstances beyond their control. Whether you need to make an urgent bail application, or you or someone you know is charged with a traffic or criminal offence, our expertise in criminal law ensures that we can offer efficient and cost-effective representation to protect your rights and help you navigate the process.
Traffic Offences
Most drivers have infringed one or more driving or traffic rules, whether it is inadvertently breaking the speed limit or running a red light. This usually results in a fine and a loss of demerit points. Repeat offenders might lose their licence.
Some traffic offences, however, are very serious and consequently have more significant penalties. This is particularly the case with dangerous driving offences, especially if you were under the influence of drugs or alcohol, or if someone was hurt. In such cases, you can expect the offence to appear on your criminal record, and you may face large fines, loss of licence and/or a period of imprisonment.
From challenging a speeding fine to more serious matters such as drink driving or driving under the influence of a drug, it is important to have the best legal representation possible. If you have been charged with a serious traffic offence, you should speak to an experienced criminal lawyer as soon as possible.
When representing clients in traffic-related matters, we thoroughly review the facts of the case and consider all possible defences. This may include arguing that the evidence against the defendant is weak or unreliable, or that there were mitigating circumstances that led to the offence, such as a medical emergency. We work closely with our clients to understand their situation so we can develop a strong legal strategy.
Criminal Offences
In addition to traffic matters, we can assist with a range of criminal matters including theft, assault, sexual assault, drug offences, public order offences, apprehended violence orders (AVOs) and breaches of AVOs.
A conviction for one or more of these charges can be very serious. While the Local Court is the lowest court in New South Wales, this does not mean that the matters heard there do not have serious consequences for those involved. The Local Court has jurisdiction to hear a range of offences, and the penalties can have a significant impact on the life of the person convicted and their loved ones. Expert representation is essential to ensure that you receive the best possible outcome. In some cases, it may even be possible for your lawyer to negotiate a plea bargain with the prosecutor to have the charges reduced or dropped.
Going to Court
The outcome of your criminal matter can be greatly improved by obtaining expert advice and representation. We are experienced advocates and regularly appear in all Courts for a range of criminal matters.
At the hearing, you will be asked to enter a plea of guilty or not guilty. We will prepare you for Court and guide you on the best course of action based on the circumstances of your case.
If you plead not guilty, a trial will be conducted to determine your guilt or innocence.
If you plead guilty or are found guilty, the Court will proceed to sentencing, which may involve fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors. In some circumstances, the Court may also choose to dismiss the matter, despite a guilty verdict, or impose a suspended sentence with a good behaviour bond.
In deciding what is an appropriate sentence, a Court considers ‘aggravating’ and ‘mitigating’ circumstances to guide the judge or magistrate. Submissions will typically be put forward on your behalf with supporting evidence such as:
- Details of your character, work history, criminal history (if relevant), family circumstances, community involvement, etc.
- A supporting character reference from a respected person who is aware of the charges and can address specific aspects of the matter.
- Details of any medical issues relevant to the offending behaviour or other plausible reasons for having committed the offence.
- For traffic matters, your reliance on a driver’s licence for work, etc., and the impact the loss of a licence has or will have on your future.
How Can We Help?
The criminal law in New South Wales is designed to protect the community and punish those who commit serious crimes. However, the criminal justice system is imperfect – some people who are charged with a crime are not guilty, and some who have committed the crime as charged have circumstances which reduce their culpability.
The job of a defence lawyer is to force the prosecution to prove every element of the crime, and to help the Court to understand the circumstances of the person who has been charged.
We are skilled advocates with a robust reputation of over 30 years protecting the rights and interests of individuals facing the criminal justice system. Our dedicated and experienced lawyers and support team work together to ensure that every client receives the best possible legal advice and advocacy.
For expert legal advice, contact one of our lawyers at [email protected] or call 02 92818111.