Services Criminal Law

While you are not legally obliged to do so, we strongly recommend seeking the advice and representation from an experienced criminal defense lawyer, whether you wish to plead guilty or not guilty to charges brought against you. That’s because specialist legal support can affect the outcome of your case significantly.

A criminal defense lawyer will ensure:

• You fully understand your rights and know exactly what to do when you are arrested and requested to partake in a police interview
• That your case is navigated as effectively and efficiently as possible, thanks to their understanding of complex legislation and issues that can arise
• Identify and act on any weaknesses in the prosecution case in advance of your trial
• Devise a strategic plan for cross-examining each witness
• Prepare and lodge your bail application correctly

At O’Brien Winter Partners, we know the courts, we know the Judges and Magistrates and we know how to get the best possible result for you. Contact us today for support with your case.

When you are charged with an offence, you will be given a court date by the Police. Usually, this first court date is a short appearance, which is either a plea or mention.

The charges, the circumstances of the allegations, the advice from your legal representative and your instructions will dictate the direction your court case will take. You can either accept the charges and be sentenced in court or you can defend the charges and your matter will be set down for a hearing.

Bail can work in a few different ways. Firstly, the Police may grant bail when you are charged. If the Police feel that you should be refused bail or if there are serious charges applied, they must bring you before the Local Court to have bail determined. You are entitled to have a legal representative with you at any bail application to present your best possible case.

If granted bail, you will be required to sign an undertaking stating that you will attend Court and to advise of any change of address. Other bail conditions that may apply can range from cash surety to not contacting a certain person/s.

Note that there is also the option of a Supreme Court bail application.

In general, bail is determined depending on the seriousness of your charge and your criminal history, if any. To evaluate these factors, the Court takes the following considerations into account:

The need to ‘show cause’

First, the Court will determine whether or not you need to ‘show cause’. In other words, if you are required to explain why imprisoning you at this stage is not justified. If you have been charged with a serious offence or were on bail or parole when this charge occurred, then it is likely that you will need to ‘show cause’.

Bail concerns

Next, the Court must consider the following four concerns:

• Will you attend court when required?
• Will you commit any serious crimes?
• Will you be a danger to others?
• Will you tamper with evidence or influence witnesses?

If you have any queries regarding the above information, we strongly recommend seeking legal representation at a bail application.

A summary offence is minor, with hearings taking place in the Local Court. As a result, the maximum penalty that can be given for a summary offence is two years imprisonment, albeit most of these offences carry a fine instead. Common summary offences include drink driving, indecent exposure, drug misdemeanors and traffic offences.

In short, summary offences are considered minor crimes, while indictable offences are more serious. Unlike summary offences, indictable offences are generally heard in the District or Supreme Court. As the defendant, you will have the right for your case to be heard before a Judge and Jury.

When being sentenced, your criminal history will be taken into consideration.

In New South Wales, a life sentence is the maximum imprisonment term that a Judge can impose. Provided there is no non-parole period set, the offender is ordered behind bars for the rest of their natural life.

A non-parole period is the minimum duration an offender can be imprisoned before they qualify for early release to parole. Typically, the non-parole period of murder is 20 years but this can vary on the nature and severity of the case at hand.

Yes, you will usually have the right to appeal against your sentence, conviction or both, whether from the Local or District Court. However, you must submit this appeal within a specified time frame.