Criminal Law
Facing criminal charges can be very daunting and a criminal conviction can have a profound impact on your future. The criminal justice system is complex, particularly if you are navigating it for the first time. We can represent you if you are arrested, charged, or approached by the police to provide a statement regarding a criminal offence.
Have you been charged with a driving or traffic offence?
Most drivers have infringed more than one driving or traffic rule, 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, and repeat offenders might lose their licence. While a loss of licence can be a serious inconvenience, the courts are often sympathetic to the difficulties that this can create. If you make a good case, you can usually retain your licence for at least some purposes (such as driving to work).
But some traffic and driving offences are very serious, with correspondingly more serious penalties. This is particularly the case with dangerous driving offences, and especially if you were under the influence of drugs or alcohol, or if someone was hurt. In that case, you can expect the offences to appear on your criminal record, and you may face large fines, loss of licence and/or a period of imprisonment.
If you have been charged with a serious traffic offence, you should get legal advice quickly and, if possible, speak to a solicitor before you make any statement to the police.
Have you been charged with a drug offence?
In NSW, the penalty for drug offences depends on the type and amount of drug. The penalty also varies based on whether the drug was for personal use or was being cultivated or trafficked.
If you are caught smoking cannabis, you will face a less serious penalty than if you are found using the most dangerous classes of drugs (including cocaine, methamphetamine and heroin). The most serious penalties 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, speak to a solicitor as soon as possible.
Have you been charged with the breach of an AVO?
If you have an Apprehended Violence Order (AVO) against you, you must follow the rules contained in the AVO.
An AVO is a civil matter and does not result in a criminal record. However, breaching one of these orders is a criminal offence. If you breach the terms of an AVO, the police may arrest you and charge you with an offence. If you are convicted, you may be imprisoned, fined, or put on a good behaviour bond. You may also end up with a criminal record.
You can be convicted of breaching the AVO if you knowingly do something that the AVO prohibits you from doing. However, you will not be convicted if you can prove that you were not served with the AVO and you were not in court when the order was made. You will also not be convicted if the reason you breached the AVO was because you were following an order of the court by attending mediation with the person named in the AVO or a Property Recovery Order.
Have you been charged with a serious crime?
The criminal law in New South Wales is designed to protect the community, and to punish those who commit serious crimes. However, the criminal law system is far from perfect. Some people who are charged with crimes are not guilty, and even those who have committed the acts as charged often have circumstances which reduce their culpability.
The job of a defence solicitor 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.
If you need assistance, contact one of our lawyers at [email protected] or call 02 49691800 for expert legal advice.