If you’ve been charged with a crime in Sydney or anywhere in NSW, you need the help of the best criminal defense lawyer you can find. Thankfully, you can have this help right away by getting in touch with a leading law firm today.
A good criminal lawyer will test police evidence, protect your legal rights, and put your version of events across to the court in the most effective way possible. This is a crucial role, as the state has almost unlimited resources to prosecute.
Court Attendance Notice
A Court Attendance Notice (CAN) is a form issued by the police and prosecuting authorities, which states that a person must appear in court on a certain date to answer the charges against them. The consequences of failing to attend court on the specified date and time are extremely serious.
Your CAN will usually come with a police facts sheet, setting out the police account of your alleged offense. The Magistrate will read this, and you or your lawyer have the right Criminal defense lawyer Sydney to make submissions about the information and statements on the CAN and police fact sheet.
Depending on the nature of the offense, the matter may be dealt with immediately or adjourned until another date. This may occur for a number of reasons, including if a witness has been ill or if there is another matter with priority.
Plea of Guilt
A plea of guilty means that you have accepted the charge against you and that you do not wish to challenge the State’s allegations. You will then be scheduled for a trial.
Pleas of guilty have a substantial impact on the Court system and should not be entered without appropriate consultation. A lawyer will be able to advise you on the best possible plea so that you receive a fair and just outcome.
If you are facing serious criminal or traffic charges, it is advisable to engage a legal representative from the outset of your case. An experienced defense lawyer will provide full and proper preparation including advice on character references and whether seeking counseling is necessary.
The law recognizes that a plea of guilty saves the justice system money and resources that it otherwise would have had to spend on hearing or trialing the matter. As such, it is often accompanied by a discount on the sentence which would otherwise be imposed following a conviction after a trial.
The trial is the process where the facts of a case are presented to a jury and a final decision is made on whether or not someone is guilty. This is the most important part of the criminal justice system and is where your criminal defense lawyer Sydney will spend a lot of time.
A trial can take place in a higher court, such as the County or District Court, or in a lower court. In higher courts, it usually takes place before a judge and jury.
The evidence in a trial is gathered by prosecutors, and the defendant, with their defense lawyer, then presents their side of the story to the jury.
The truth is always the most important factor in a trial, and prosecutors have a legal duty to present their case in the best possible light. While this may be a difficult task in some cases, it is essential for establishing the truth of a case.
Bail is a legal term that describes the financial assurance that a court grants to someone who has been arrested and charged with a criminal offense until they appear in court for their trial. It can be a very frightening experience for those accused of a crime, their family, and friends, and can be the difference between their freedom and staying in jail.
A criminal defense lawyer in Sydney can make a bail application on your behalf and provide you with the best legal advice to ensure it is successful. The lawyer will review all of the information available including your police facts sheet and other relevant documents provided by the prosecution.
Your solicitor will make submissions to the Court showing why you do not pose an unacceptable risk and should be granted bail. These may rely on your criminal history, community ties, and mental health treatment plans. The Magistrate will then review all of this material and make a “bail decision”.