Criminal Law
might be life changing and range from fines, loss of licence to jail time.
Our involvement might start at the time you are detained, or when we make an urgent application to the court for bail and will include making any representations to police to preparing for any defence hearing. In Court we will work hard to defend you to give you the best possible outcome.
We can handle all areas of criminal law, including:
- Traffic and vehicle offences – exceed the prescribed concentration of alcohol (drink driving), drive while disqualified or suspended, drive without a licence, other driving offences
- Apprehended Violence Orders (AVOs)
- Acts intended to cause injury – including common assault, serious assault resulting in injury, stalking, serious assault not resulting in injury
- Theft – including theft from retail premises, receiving or handling the proceeds of crime, theft of intellectual property
- Illicit drug offences – possession, cultivation or dealing in illicit drugs
- Property damage – graffiti, fire and explosion
- Dangerous or negligent acts endangering persons – driving under the influence of alcohol or other substance (DUI), Dangerous or negligent driving
We appear regularly in the Local Court, Children’s Court, District Court and Criminal Court of Appeal and are capable of running the majority of our summary matters without the additional cost to you of briefing a Barrister.
Whether you’ve been in the courts before or it’s your first offence, navigating the criminal justice system is a daunting experience. Contact us so we can help you navigate the legal system to get the best possible outcome for you.
FAQ
If you are arrested, you are obligated to answer questions regarding your identity including name, address and date of birth only. You have a right to refuse to answer any other questions. You may also refuse to be involved in an identification parade (line – up), however if you do police may then be allowed to conduct a photographic identification.
No-one unless you have given consent or it is at the request of police or an authorised public body.
A solicitor may:
- Advise you of your rights
- Explain any charges against you
- Explain your options
- Advise on any possible penalties
- Attend a police interview with you
- Make a bail application for you in court where you are bail-refused
- Represent you at court
If you are driving a motor vehicle on a public road, your blood alcohol concentration must be below the limit of 0.05 grams of alcohol per 100mls of blood. If you are over the “Prescribed Concentration of Alcohol” (or “PCA”) you will be charged with a drink driving offence.
A drink driving offence is a criminal offence. A party may choose to plead guilty (with or without an explanation) or not guilty to the offence.
Provided a party has:
- a clean or a reasonable driving record where no prior drink driving offence has been committed,
- they have not been charged with a high range PCA,
- there are no aggravating factors to the offence,
then they may have a reasonable chance of being able to achieve a conviction without penalty (known as a section 10).
A novice range PCA is a blood alcohol reading of 0.01 – 0.019. Where you have been charged with a novice range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
A special range PCA is a blood alcohol reading of 0.02 – 0.049. Where you have been charged with a special range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
A low range PCA is a blood alcohol reading of 0.05 – 0.079. Where you have been charged with a low range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
A mid range PCA is a blood alcohol reading of 0.08 – 0.149. Where you have been charged with a mid range PCA you may be disqualified from driving from anywhere between 6 months to 12 months together with a fine of up to $2,200 and imprisonment for 9 months. Given the seriousness of the matter you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.
If you were found to be driving with over 0.150grams of alcohol per 100mls of blood you are in the High Range. Where you have been charged with a high range PCA you may be disqualified from driving from anywhere between 12 months to three (3) years together with a fine of up to $3,300 and imprisonment for 18 months. Given the seriousness of the matter you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.
An Apprehended Violence Order (AVO) restricts or prohibits a person from engaging in certain activities and behaviour such as assault, threats, stalking etc. In circumstances where a person has been charged/found guilty of the offences of stalking, intimidation or a domestic violence offence than the court must impose an AVO.
If you are issued with an AVO there are three options:
- withdrawal of the complaint and the giving of undertakings,
- consenting to the AVO but without admissions, or
- moving forward to a contested hearing.
Most AVO applications are made by NSW Police on behalf of the person protected by the AVO. If Police, having investigated your complaint, decided not to take action to apply for an AVO, you can make a private application for an AVO yourself at the Local Court. If you are eligible for Legal Aid, they may assist you with this process, otherwise, a private lawyer is able to help.
You or your lawyer can make “representations” to the police seeking that they withdraw an AVO. If the representations are accepted, then your AVO will be dropped, sometimes on the basis that you provide certain undertakings to the police/the court. If the representations are not accepted, then the police will want to proceed with the matter, in which case we are able to represent you in court to negotiate the terms of the AVO or to contest it. You are able to contest an AVO on the basis that there is inadequate evidence to substantiate the allegations of violence or, if the protected person (through their own independent lawyer) provides a statement/evidence expressing that they do not fear you and would like the AVO dropped.
If final AVO is made, you can apply to change the original orders made if you believe some of the orders are no longer necessary or too restrictive.
There is nothing you can do to have the charges withdrawn once the police have charged you. The police are entitled to prosecute the matter even if the victim wishes to withdraw the charges. Further, a victim that changes their story could be similarly charged or even found guilty of perjury if they lie in the stand.
In AVO proceedings, an AVO may be dismissed if the protected person fails to attend the court hearing, although, technically, a protected person’s failure to attend Court could prompt the court to issue an arrest warrant against them. However, if the protected person obtains independent legal advice, they might have their independent lawyer provide a statement/evidence to Police/Court expressing that they do not fear you and would like the AVO dropped.
A breach of an AVO is a criminal offence. If you are suspected of breaching an AVO you can be arrested. A breach of an AVO is very serious and, if found guilty, a custodial sentence (jail term) may be imposed by the court.