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Being charged with a criminal offence or even facing allegations of a criminal nature is a daunting prospect. An important first step is to seek assistance and representation from an expert criminal defence lawyer in Sydney. Regardless of whether you intend to plead guilty or not guilty to a charge, there are many different tactical and other approaches to a criminal law matter which can be undertaken. This article explores some of the ways in which an experienced criminal defence lawyer in Sydney can assist you in navigating your way through the defence of your criminal law matter and through the criminal justice system.
Should I give an interview to the Police?
Police inevitably seek to speak with an accused person or suspect during their investigations. Persons who are suspected or accused of criminal offences have the right to silence. Unfortunately, many accused persons willingly divulge information to the police which later is used in evidence against them. This often occurs when accused persons are either unfamiliar with the process, become overwhelmed by the prospect of having the police interview them or otherwise do not fully understand their rights as a suspect or an accused. Engaging an experienced criminal defence lawyer as soon as possible after being confronted by allegations of a criminal nature and before deciding to speak with the police is essential.
An accused’s right to silence is a fundamental right in our criminal justice system and one which is not to be taken lightly. An experienced criminal defence lawyer will be able to carefully assess your case from the outset and give you advice as to whether you should answer any police questions during an interview.
How can I apply for bail?
In many cases, an accused charged with a criminal offence will be issued with a Court Attendance Notice and released from police custody either with or without police bail. For more serious charges, where an accused has a history of offending or where there are other bail concerns, the police can refuse bail. Should this occur, the law requires that an accused person face court as soon as possible so that a court can determine whether bail should be granted. This is called a Release Application or Bail Application.
The laws surrounding bail applications can be complex. An experienced criminal defence lawyer will assist in identifying and addressing any relevant factors in the determination of an application and can also assist in preparing appropriate evidence and submissions to be made on your behalf to maximise your chances of being released on bail pending determination of your criminal charge.
If you have applied for bail and have been refused bail, you will remain in custody pending trial or sentence. The law states that you cannot make a subsequent application unless a change of circumstances can be shown. An application can also be made in the Supreme Court of NSW. Applications for bail to the Supreme Court are not straight forward however an experienced criminal defence lawyer will be able to complete and file the required documents and advance your case in the best possible way to try and secure your release from custody.
I want to plead guilty to my charge. How can my lawyer help me?
If you want to enter a plea of guilty to your charge, an expert criminal defence lawyer in Sydney will be able to help you get the best possible outcome on sentence. Your lawyer will carefully assess your case to determine whether you should be pleading guilty to your charge, whether you have an available defence to your charge or whether an alternate, lesser charge would be more appropriate. In some cases, it may be possible to proceed by way of an application for a mental health diversion instead of entering a plea of guilty and proceeding to sentence. Police often lay an incorrect charge or lay too many charges against an accused person. Your expert criminal defence lawyer will be able to navigate the charges against you and advise you on the best course to take.
Sentencing in criminal law matters can be quite complicated. Your expert criminal defence lawyer will be able to navigate and advise you on the potential range of penalties applicable to your charge and address the relevant sentencing legal principles in court. Your expert criminal defence lawyer will also assist you with obtaining relevant information and evidence to be placed before the court to assist you in obtaining the best possible outcome on sentence.
Negotiating with the Prosecution.
In many cases, police lay the incorrect charge or charges which cannot be proved. Depending on the circumstances of your case, your expert criminal defence lawyer will determine whether negotiations should be undertaken with the prosecution to have charges against you amended, downgraded or dropped.
If you are pleading guilty to your charge, the court will consider the Police or agreed Facts on sentence. Police often include information in Police Facts Sheets which is not relevant, inaccurate, or unfair to an accused person. Your expert criminal defence lawyer can carefully examine your matter to determine whether negotiations are appropriate with the prosecution to ensure that an accurate and fair agreed Statement of Facts is presented to the court on sentence.
I want to plead not guilty. How can my lawyer defend me?
There are many evidentiary and tactical complexities involved in a criminal trial. An expert criminal defence lawyer will assist you in analysing the evidence against you, as well as the potential strengths and weaknesses of your case. Your lawyer will also assist you with identifying potential defences to your charge and to establish what evidence can be used to support your defence.
In a criminal trial, considerations of what evidence is admissible against an accused and what tactical decisions are made in the defence of your matter are not straight forward. An expert criminal defence lawyer who is highly experienced in advocacy will be able to represent you in court to discredit the prosecution case against you, raise any applicable defences on your behalf and try and have the charges against you dismissed.
Why Choose Australian Lawyers and Advocates?
If you are facing a criminal investigation or criminal charges our team of expert defence criminal lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.
Our team of expert criminal and traffic defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in criminal law matters. Our results speak for themselves.
If you require expert representation in a criminal or traffic law matter, don’t delay. Contact our expert criminal defence lawyers in Sydney today.The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
