·       Drink driving

·       Speeding or dangerous driving

·       Any drug-related offences

·       Fraud or other "white-collar” crime

·       Theft

·       Assault

·       Sexual assault or rape

·       Breach of a court order

·       Manslaughter

·       Murder

Even if you have not yet been charged, call a lawyer for advice if you have been questioned or detained; if you think you may be under suspicion; if you have been accused by an employer or other individual of having committed a crime; or if you have committed a crime and want confidential advice.

I Am Innocent, So Why Do I Need a Lawyer?

If you are innocent, you may assume that you don’t need a criminal lawyer. This is dangerous thinking. Once you are charged, the police and prosecutors will use all of the resources at their disposal to try to prove the case against you. You need someone on your side, working to disprove police theories and supporting you throughout the process. It’s very unfortunate, but sometimes innocent people are prosecuted and go to jail for crimes they have never committed.

It’s important that your criminal lawyer be involved right from the very start. Anything you say during an interview can be used against you and can damage your defence. Your lawyer can advise you about your legal rights, including your right to silence. A good criminal lawyer will work with you to develop a strategy, advise you as to how to plead at your arraignment, and help you to obtain bail.

You’ll also need legal advice on practical matters, such as what to wear in court, how to sign in, how to find the right courtroom and how to address officers of the court. Your lawyer may even investigate the crime independently in order to provide you with witnesses for your alibi, or to establish alternative theories of the crime.

I Plan to Plead Guilty, so Why Do I Need a Lawyer?

If you are planning to accept responsibility for the crime, you may wonder why a lawyer is necessary, but in fact, having a lawyer is crucial when you make a guilty plea. The penalty in your particular case will fall within a range, and without legal advice, you may receive a sentence at the hirer range or you may receive the maximum penalty. There are incentives in place in some jurisdictions for those who enter an early guilty plea, but you need to know what these are in order to access them. As well, there may be mitigating circumstances in your situation that your lawyer can use to reduce the sentence.

A criminal conviction can affect your future employment, ability to travel overseas, and more. If your offence is minor or if you have an otherwise good criminal history, your lawyer may be able to seek to have the matter dealt with without having the conviction on the official record.

Understanding the Arrest

Depending on the severity of the crime committed, there are different procedures the police follow when making an arrest. Each procedure involves different arms of the court system and requires experienced advice of a criminal lawyer based in Parramatta to get you the best outcome possible.

·         Summons to Appear – If you are charged with a minor crime, or the law prohibits the police from detaining you, you will be released with a summons to appear before a judge in court.

·         Police Granted Bail – Some conditions permit the police to arrest you but give them the power to release you on bail. This release is pending an agreement to appear in court at a specified date with conditions. If there is a breach of these conditions, or you fail to appear on the specified date, they may charge you with an additional crime and detain you without further bail.

·         Held on Remand – A serious crime has been committed that gives the police lawful power to hold in custody until you are brought before court. The court will determine if bail will be granted.

Criminal lawyers have experience with each of these scenarios and how they pertain to the rights of the accused. Even before an arrest is made, if the police request to speak with you, reach out to a criminal lawyer to protect your rights and give you the best chance at keeping a clean criminal record.

Call a criminal lawyer in Parramatta as soon as possible, and learn more about your legal rights.