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Services Legal Aid Lawyers in Criminal Law

Our lawyers in Newcastle are here to help you with your Legal Aid application, as well as any resulting proceedings.

At O’Brien Winter Partners, we are firm believers that you should have the right to expert legal support no matter your financial circumstances. However, as Legal Aid grants are only available in certain cases, you will need to partake in several eligibility tests and submit an application for such support. If you are looking for assistance with criminal law matters, our Legal Aid lawyers can guide you through the application process.

With extensive experience as Legal Aid Panel Solicitors, we advise and represent clients across Newcastle, the Central Coast and Hunter Valley.

What is Legal Aid?

Legal Aid is an organisation that works in partnership with private lawyers, such as O’Brien Winter Partners, to provide legal support to socially and/or economically disadvantaged applicants.

Available for the majority of criminal legal matters, Legal Aid assists individuals who must go to Court but cannot afford a private lawyer themselves. Typically, you will only be granted Legal Aid if you have a very low income and/or a case which may result in your imprisonment.

Services Legal Aid can support include:

  • Court Proceedings
  • Document & Case Preparation
  • Enforcement & Contravention
  • Appeals & Reviews

Frequently Asked Questions

Who qualifies for Legal Aid?

The seriousness of your charges, as well as a number of other factors in accordance with Legal Aid Policy Guidelines, will determine whether you qualify for Legal Aid.

To confirm your eligibility, you will need to complete the below tests:

  • Jurisdiction Test: assesses whether your jurisdiction and relevant field of law offers Legal Aid.
  • Means Test: assesses your level of income and assets to determine if and how much you will contribute towards your legal fees.
  • Merit Test: assesses whether it is reasonable to grant Legal Aid for your case, given its circumstances and likelihood of success.
  • Availability of Funds Test: assesses whether there are sufficient funds to grant you Legal Aid.

How do I apply for Legal Aid?

If you wish to apply for Legal Aid assistance, please fill out the Legal Aid Application Form and return to our office along with your Bank and Centrelink Statements. We can then attend to the application on your behalf.

For more information, please visit How to Apply on the Legal Aid Website.

Is Legal Aid free?

Legal Aid is not always free, as you will usually be required to pay the Legal Aid Commission a $75 contribution fee. However, this charge may be waived if you are in custody. Know that it is an offence for any lawyer to charge you private fees if they are also receiving a grant of Legal Aid for your case.

Get advice now

For more information regarding your Legal Aid eligibility, application or proceedings, please complete the below form or call our office on (02) 4949 2000 to schedule a conference with one of our lawyers.

Please note that if you do not qualify for Legal Aid, our conferences are typically half an hour, payable on the day. Any additional fees will be confirmed by your lawyer at this conference, as this cost may vary depending on the suggested course of legal action for your circumstances.

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