Criminal Law

The criminal justice system in New South Wales is governed by the Crimes Act 1900 (NSW) and other relevant legislation. If you have been charged with a criminal offence in New South Wales, it is important to understand the legal process and your rights.

We know how high the stakes are when facing criminal charges and will provide considered advice and expert representation. Our experienced principal and criminal defence lawyers will guide you through the complex justice system with the insight that there are always two sides to a story, and the belief that every client deserves a fair hearing.

Criminal Matters We Handle

Traffic Offences

Most traffic offences in New South Wales, such as speeding, running a red light or parking violations, are punished by a fine or penalty notice, and demerit points may be added to your driving record.

However, certain traffic offences can result in arrest, especially if they involve more serious violations or pose a risk to public safety. Examples include reckless driving, driving under the influence of alcohol or drugs, driving while disqualified or being involved in a hit-and-run accident. Even in cases of these more serious offences, police officers usually have discretion in deciding whether to arrest someone for a traffic offence. They may consider factors such as the seriousness of the offence, the driver’s behaviour, prior offences or any potential danger posed to the public.

Each case is unique, and it is vital to consult with a criminal defence lawyer for advice specific to your situation.

Drug Offences

Penalties for drug offences depend on the type and amount of drug in question. Penalties also vary depending on whether the drug was for personal use or being cultivated or trafficked. For example, if you are caught smoking cannabis, you will face a less serious penalty than if you are found using the more dangerous classes of drugs such as cocaine, methamphetamine and heroin.

The most serious penalties for drug offences are reserved for cultivating and trafficking the most dangerous drugs in the highest quantities. Trafficking of large commercial quantities of drugs can lead to life imprisonment and very large fines.

If you have been charged with a drug offence, we recommend hiring a criminal defence lawyer as soon as possible.

Facing Criminal Charges

If you are charged with a criminal offence, such as assault, sexual assault or drug offences, you face more serious potential consequences if found guilty. It is advisable to immediately seek legal representation from an experienced lawyer who will provide advice, build your defence and represent you in court if required.

You may be arrested by the police, at which time you will be formally charged with the offence and provided with a copy of the charge sheet. Depending on the circumstances, you may be released on bail.

Bail Applications

Bail is the process of releasing a person accused of a crime from custody, pending a court hearing. If you are arrested, you might be released on bail until your matter is heard by the court. The grant of bail will allow you to return to a familiar environment while you prepare for your case. Police bail is determined by the police after the time of arrest. If bail is refused, then an application can be made to the court. We can assist you with this.

If bail is granted, conditions may be imposed to ensure your appearance at future court proceedings and to address any potential risks. You may need to comply with conditions such as a reporting obligation at a police station, a curfew or an order that you do not enter a certain area until your matter is resolved. It is important that you comply with your bail conditions. If you are found to breach a bail condition, you may be taken into custody until the hearing proceeds.

If there are conditions on your bail that you think you will be unable to comply with, you may be able to apply to the court to have a condition varied.

Going to Court

You will need to attend court for your case to be heard. If it is a summary offence, it will be heard in the Local Court. If it is a more serious offence, it may be referred to the District Court or the Supreme Court.

At the court hearing, you will be asked to enter a plea of guilty or not guilty. We will 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 are dissatisfied with the outcome of your case, you may have the right to appeal the decision to a higher court. An appeals process allows for a review of the lower court’s decision based on specific legal grounds.

Sentencing

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. Sentencing is carried out according to the Crimes (Sentencing Procedure) Act. 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” factors. These matters help guide a judge or magistrate to make a finding about how serious your offence was compared to other similar offences. Usually, a person found guilty will have some evidence to give to a judge or magistrate that may be considered in sentencing. The type of evidence that might be appropriate for your case will depend on the charges and the outcome that is sought.

THE AKC Legal Defence Approach

Case Assessment

We thoroughly review the charges against you and the circumstances surrounding your case. Our goal is to provide you with a clear understanding of your position and realistic advice about your options.

Evidence Review

Our team scrutinises all evidence the prosecution intends to rely on, including witness statements, police footage and forensic reports. We identify procedural errors, inconsistencies or violations of your rights that may lead to evidence being excluded or charges being dismissed.

Negotiation

We have extensive experience negotiating with police prosecutors and the Office of the Director of Public Prosecutions to seek withdrawal of charges, reduce charges to less serious offences or reach an agreement on sentencing facts. Our lawyers only recommend negotiated outcomes when they genuinely serve your best interests.

Courtroom Advocacy

We prepare thoroughly, cross-examine prosecution witnesses effectively and present your case persuasively. For matters in higher courts, we work with experienced barristers to ensure you have the strongest possible representation.

Why Choose AKC Legal for Criminal Defence

Local Experience That Counts

Our principal solicitor has over 13 years of experience practising criminal law in NSW. This local knowledge means we are familiar with the local courts and how cases typically proceed in this region.

Clear Communication

We explain the legal process, your options and potential outcomes in straightforward language. You will always know what is happening with your case, what to expect next and what decisions need to be made.

Strategic Approach

We develop a defence strategy based on the specific circumstances of your case. Whether that means challenging the charges at trial or preparing compelling sentencing submissions, we focus on achieving the best possible result for you.

Personal Attention

When you choose AKC Legal, you work directly with an experienced criminal defence lawyer from start to finish. You are not passed between different solicitors or left wondering who is handling your case.

What to Do If You Have Been Charged

1. Exercise your right to silence. You are not required to answer police questions beyond providing your name and address.
2. Contact a criminal defence lawyer immediately. Early legal support can protect your rights and improve your prospects.
3. Do not discuss your case. This includes avoiding posts on social media that could be used against you.

Hire Skilled Defence Lawyers for Criminal Charges

If you have been charged with a criminal offence, time is critical. Contact AKC Legal today for experienced criminal defence representation in NSW.

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