Lawyer for Larceny Offence

Elements of a Larceny Offence

Larceny Lawyer for Larceny OffenceTo be convicted of a larceny offence, the manner in which the object or objects were stolen must be recognised by law as a punishable offence. This means that:

(a) The property stolen must have belonged to someone other than the accused person,

(b) The property must have been taken and carried away, and

(c) The actual taking of the object or property must have been without the consent of the owner.

These make up the elements of a larceny offence.

Offence of Larceny

Larceny, or theft of personal property, is a common law offence, and is provided for in Division 5 of the Crimes Act 1900 (NSW). It is punishable by up to five years imprisonment (section 117, Crimes Act). There are a number of factors taken into consideration by the Court to determine whether a larceny offence is established by the Prosecution.

Mental State for a Larceny Offence

There are also a number of requirements in relation to the mental state of the accused at the time of the theft:

1. The property must have been stolen with the intention of permanently depriving the owner of it,

2. It must have been taken without any claim of right, and

3.  There must be an element of dishonesty in the manner of taking.

These mental states must have existed at the time of the taking of goods for the crime to be made out.

It is worth exploring these in depth in order to understand what constitutes a charge of larceny.

Property Belonging to Someone Other than the Accused

There are a number of differences at law between possession, control, and ownership when it comes to objects and property, but it can be summarised as follows.

When one purchases an object from someone who legally owns it, he/she then takes ownership, possession, and control. For example, buying a computer from a store makes you the owner of, and puts you in possession and control of that computer.

When one takes an object that belongs to someone else without being legally handed ownership, possession, and control, this constitutes larceny. Taking the computer from a store without purchasing it or arranging to purchase it is theft.

Object Taken and Carried Away

Before larceny can be proven, the physical object or property must be actually moved, even if only slightly. When unlawfully taking possession of someone else’s property, this property must physically move from its original position.

This must be done either by the accused or by someone acting on their behalf.

Taking Without Consent of the Owner

Usually, if a person is charged with larceny and taken to Court, this is because the property of a person was taken without consent. For this to be justified, the owner must be able to establish legal ownership of the property in question, and there must be evidence that it was taken without their consent. This evidence can be given by the owner of the property, by way of statement to Police and oral evidence in Court.

Intention of Permanent Deprivation

Larceny is only made out if the property taken was taken with the intention of permanently depriving the owner of it, that is, never giving it back. It does not constitute stealing if the property is taken temporarily.  Unless the person taking the object or property of someone else believes that their actions will lead to permanent deprivation, temporary possession of property does not constitute a charge of larceny.

However, a Court will often infer an intention to permanently deprive the owner of the property from the actions of the accused person in taking the item.

Property Taken Without A Claim of Right

If the accused honestly believed that they had a legal reason to take possession of another’s property then this raises questions as to the validity of the larceny charge. However, the accused must believe they have a strictly legal right to the property and not simply a moral entitlement.

Dishonest Taking of Property

The accused must have had a dishonest intention in taking the object or property – i.e. knew that he was not entitled to take the property.  Mistake of fact can negative dishonest intention.  It is up to the Court to determine whether the property was taken possession of in a dishonest manner from the circumstances of the taking, as well as the evidence of the accused person and evidence of any witnesses.

Larceny Lawyer

Representation for Larceny Offence

Only if these requirements are all met in the charge against the accused, can the offence of larceny be proven. As you can see, it is a fairly detailed area, and representing yourself may not be the best idea.

If you have been charged with a larceny offence, then a criminal lawyer who has dealt with numerous larceny related matters is recommended – call Criminal Lawyers Sydney and Suburbs on (02) 9533 2269 without delay

 

 

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Understanding Break and Enter Offences

Break and Enter

Break and Enter Lawyer for Break, Enter and Steal OffencesIt is an offence to Break and Enter a dwelling or other building and Commit a Serious Indictable Offence.

It is also an offence to Break and  Enter with the Intent to Commit a Serious Indictable Offence.

What is a serious indictable offence? If an offence has a potential maximum sentence of 5 years imprisonment attached to it, it is classified as a serious indictable offence.

Break, Enter and Steal

The most common serious indictable offence which goes with break and enter is stealing property. Most people are familiar with the notion of “Break, Enter and Steal” being a criminal offence.

Break and Enter and Commit Serious Indictable Offence

But several other offences committed once inside a building  also make out the offence under sections 112  of the Crimes Act, 1900 (NSW), e.g. if there is a break and enter and an assault on someone, this will probably constitute an offence under section 112, although if it is a “common assault”, it will not.

Break and Enter with Intent to Commit Serious Indictable Offence

Even if there is an intention to, e.g. steal something, or assault someone, without actually committing that act, a break and enter with the intention to steal or assault someone inside can also be an offence – under section 113 of the Crimes Act, 1900 (NSW).

There are various other break and enter related offences, such as the more serious Break, Enter and Assault with Intent to Murder (section 110), as well as the related idea of being inside a dwelling and committing a serious indictable offence or entering a dwelling with such intention, and then breaking out of the dwelling (section 109).

If you have been charged with a break and enter offence, you should consult a criminal lawyer experienced in break and enter law, before your first Court appearance. Call us on (02) 9533 2269.

Break Doesn’t Necessarily Mean Using Any Force

When a person actually breaks something e.g. a door lock, or a window, and enters the premises, then this clearly constitutes the “break” element of these offences. However, simply opening a closed door is sufficient.

If, however, one enters via an open door, then there is no “break”. This doesn’t mean that no offence has been committed. It just means that a break and enter offence is not made out. In such a case, Police will probably charge with the offence of Entering a Dwelling with Intent (section 111, Crimes Act), Steal in a Dwelling House (section 148, Crimes Act), or with whichever type of offence Police believe was committed inside the building.

Local Court or District Court?

Some of what the law considers to be “less serious” Break and Enter offences are heard in the Local Court, where the maximum term of imprisonment that can be imposed is 2 years. But many must be heard in the District Court, where the Court has the power to impose up to the maximum terms of imprisonment set out in the relevant sections of the Crimes Act.

Understanding the offence committed is important, and a criminal lawyer in Sydney with experience in break and enter cases can help with this. Call Criminal Lawyers Sydney and Suburbs on (02) 9533 2269.

Can the Prosecution Prove It?

For the Local or District Court to find you guilty of a break and enter offence, the elements that the Prosector (or Director of Public Prosecutions – “DPP”) must prove beyond reasonable doubt are:

That there was some from of “break” in order to gain access to the premises,

That after breaking, you did enter into the premises, and

That  you committed, or intended to commit a serious indictable offence.

Possible Penalties for Break and Enter Offences

A term of imprisonment is considered a last resort penalty, but that said, break and enter offences carry maximum penalties of between 10 and 14 years imprisonment (sections 113 and 112). Other offences referred to above, as well as aggravated versions of the 2 most common break and enter offences, carry maximum terms of imprisonment of anywhere between 7 and 25 years.

As you can see, Break and Enter and related offences are very serious offences. It is not recommended that you attend Court after being charged with any offence of this type without first, at the very least, seeking legal advice on your options, and preferably seeking legal representation by an experienced break and enter lawyer.

What are Circumstances of Aggravation?

There are various circumstances where the law considers that an offence of Break and Enter has been committed in circumstances which aggravate (or make worse) the offence. These include being armed with an offensive weapon or instrument, being in the company of another person, inflicting violence on another person, depriving another person of their liberty (e.g. by tying them up, locking them up or otherwise holding them captive), or simply the fact that you knew that there were people inside the house when you entered the premises.

There are 2 levels of aggravation, with circumstances of “special” aggravation being even more serious circumstances, such as inflicting really serious injury on another person, or being armed with specific types of weapons such as firearms.

All types of aggravation raise the maximum term of imprisonment by several years.

Sentences/Penalties Other Than Full Time Imprisonment

Sentencing for any crime takes into account many different factors, including factors that are specific to the offender, such as prior criminal record (or lack of it), the specific facts of the actual offence, the offender’s upbringing, social circumstances, and any mental health or physical issues. Against these factors, the Court must balance the need to protect the community from crime, the need to punish offenders, the need to deter others from committing similar offences, and the need to rehabilitate offenders.

Although Break and Enter offences are indeed very serious offences, it is still possible, depending upon a combination of these factors being put in a cohesive way to the Court, to receive a sentence other than full time imprisonment. These alternatives include:

Section 10 Dismissal or Section 10 Bond

Usually, for any offence, the Court will record a conviction when an individual pleads guilty to, or is found guilty of, any offence. Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits a court to find an offence proven, but not record a conviction. A Section 10 result is highly unlikely for a serious offence, but is still theoretically available as a sentencing option.

Section 9 Good Behavior Bond

Under Section 9 of the Crimes (Sentencing Procedure) Act a Court may direct an offender to enter into a “Good Behaviour Bond” for a specified time not exceeding 5 years, as an alternative to imposing a sentence of imprisonment.

Community service order (CSO)

Under Section 8 of the Crimes (Sentencing Procedure) Act a Court may make a Community Service Order directing an offender to undertake a specified number of hours of community service work, not exceeding 500 hours.

Suspended Sentence

The operation of a term of imprisonment may be suspended by a Court upon the offender entering into a Good Behaviour Bond under Section 12 of the Crimes (Sentencing Procedure) Act, providing the term of imprisonment is not more than 2 years.

Home Detention Order

A Court may direct that a term of imprisonment of not more than 18 months duration be served by way of Home Detention.

Intensive Correction Order (ICO)

A Court may direct that a term of imprisonment of not more than 2 years be served by way of Intensive Correction in the community.

Home Detention Orders and Intensive Correction Orders generally carry onerous terms, and before these orders are imposed (and after the sentence of imprisonment has been imposed) an offender has to be assessed as suitable.

Is Legal Aid Available?

Legal Aid may be available depending upon your financial circumstances, and a number of other criteria. Contact us to find out – (02) 9533 2269.

Conclusion

In summary, the level of seriousness of an offence will have an impact on the type of sentence to be imposed for any Break and Enter offence – so call Criminal Lawyers Sydney and Suburbs on (02) 9533 2269 before attending Court if you have been charged with an offence of this type

 

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How Criminal Law Solicitors in Sydney Can Help with Assault Charges

Criminal Law Solicitors for Assault Charges

criminal law solicitors Sydney

Criminal Law Solicitors Sydney

Being arrested for an assault related offence can be a scary and confusing time. If this has happened to you or someone you love, you can’t afford to face the consequences alone.

Criminal law solicitors can help with assault charges and all your other legal needs. Finding a dedicated, experienced legal representative is the best place to start to get timely answers and plan strategy.
Know all your options so you can defend yourself properly, guard your reputation, and keep your life on track.
If you’re in the Sydney area and have been charged with:
  • common assault
  • assault occasioning actual bodily harm
  • assault occasioning grievous bodily harm
  • malicious wounding,
or one of a multitude of other assault-related offences, learn what a criminal law solicitor can do for you.

What is Assault?

The term “assault” covers a wide variety of legal charges. It’s somewhat vague and, depending of the specifics of your case, could result in punishment ranging from small fines and good behaviour bonds to serious time in jail.
Examples of possible assault include:
  • domestic violence
  • some forms of school bullying
  • sexual intercourse without consent
  • a physical altercation whether or not any bodily injury was done.
In brief, an assault is any act perpetrated against another person that intentionally or negligently causes them harm or makes them fearful that harm is coming.
Other extenuating circumstances, like whether or not you were drunk when the offence occurred, will factor into your ultimate sentencing. Only highly qualified criminal law solicitors with ample courtroom experience will be able to assist you properly.

Assault Cases are Complicated

Often, assault charges stem from an incident that happened in the heat of the moment. And because the range of penalties for the charges that could be leveled against you is quite broad, you need to carefully comb all the evidence.
Criminal law solicitors can provide you with sensible information to help put the incident in question in the proper context.
Witness memories can be suspect in assault cases because of the trauma associated with them. Figuring out exactly what happened may not be entirely possible. Your solicitor will help put the pieces together.
In addition to the what, your law solicitor can help you sort through the why of the assault charge. Were you acting in self-defence? What extenuating circumstances led to the incident?
The prosecution must prove specific factors about your actions. An experienced, qualified legal representative will make sure your side of the story is properly explained to give you the best chance at the outcome you seek.
Assault cases are too complicated for you not to put your trust in someone with expert understanding of the system and how to work it to your advantage.

Your Defence Against Assault

If you’re convicted of any assault-related charge with the possible exception of common assault, it will appear on your permanent record. The effect this has on your life can be long-lasting.
Experienced criminal law solicitors will fight for you, helping you mount a strong defence. They’ll be aware of all your options and what makes sense given the facts of your case.

Self-Defence

The most frequently used defence against an assault charge, self-defence suggests that although you may have physically harmed someone, your actions were justified because you were attempting to protect yourself or another person.
You can also use this defence if you were attempting to prevent the aggressor from trespassing or from taking or destroying property. If your solicitor can prove that your actions were necessary, or that you believed they were, to prevent harm to you or your property, you’ll be found not guilty of the assault.
The prosecution must prove beyond a reasonable doubt that either you didn’t genuinely believe your actions were necessary or that they were an unreasonable response to the threat you felt. This is why context matters so much. Only someone with significant legal experience can properly guide you through this process.

Duress

Do you believe you were forced to act against your will or that you had no other alternative but to pursue the course of action you did? You may be able to use duress as your defence.
The prosecution must determine the appropriate people to place responsibility on for the assault. The burden is on them to prove that a reasonable person would’ve acted differently than you did when faced with the same circumstances.
Could you have called the police or escaped? What else was going on during the incident? Your solicitor will get to the bottom of this and build the best case for you.

Provocation

Sometimes situations arise where even a reasonable person is pushed beyond his limit. If someone acts against you or a family member to such a degree that you cannot be expected to control yourself, you may be able to use provocation as a defence to the assault charge.

You must show that your response was a sudden, heat of the moment decision and that it was proportional to to the instigating act. If you can prove this, the crime of passion is considered justified.

Criminal law solicitors well-versed in the law can build an argument on your behalf. They’ll assess the nature of the provocation and your response to it, and help you mount an argument to avoid penalty.

Again, the burden is on the prosecution to prove its case beyond a reasonable doubt. Having an advocate on your side with ample experience arguing complicated issues before a judge will make this much more difficult for your accusers.

What About Section 10?

Even if you’re found guilty of an assault charge, you may still have options. Depending on the circumstances surrounding the incident and your own criminal history, your solicitor may be able to convince the judge to apply Section 10 to your case.
Under Section 10, you’re found guilty but escape having a criminal conviction recorded. Your charges may be dismissed altogether or certain conditions, like entering into a good behavior bond or an intervention program, may be imposed on you for a period of time.
Avoiding a criminal record and the setbacks that come with it should be a priority for you and your legal representative. Make sure you are working with someone who understands all your options and can present your case in a way that gives you the best chance for a favourable outcome.

We’re Experienced Criminal Law Solicitors Ready to Help You

Although you can, it’s never a good idea to face legal trouble alone. You need talented lawyers on your side to guide you through the process.
We’re well-versed in the law and experienced in handling complicated cases throughout Sydney. When you meet with one of our lawyers, they’ll be honest will you about your case and fight as hard as possible to get you the best outcome.

For Criminal Law Solicitors, Call Us

If you’ve been accused of a crime, schedule an appointment or request a callback. Our criminal law solicitors will be happy to help you put your legal woes in the past, so call us on (02) 9533 2269 now.

Finding Sydney Criminal Defence Lawyers

7 Tips for Finding the Best Sydney Criminal Defence Lawyers

Tips for Finding the Best Criminal Lawyer in Sydney

Sydney Criminal Defence LawyersOne of the most important steps in criminal defence is selecting the right lawyer from a plethora of Sydney criminal defence lawyers. This selection could be the difference between paying a fine or a jail sentence.

For an aggravated assault or a fraud charge, there is a strong possibility of serving time in jail. A reputable and experienced defence lawyer is required to help secure the best legal outcome.

There are a number of factors that should be considered when evaluating Sydney criminal defence lawyers. Read on for 7 tips to utilize when selecting from amongst the best Sydney criminal defence lawyers.

1) Seek Out Referrals for Sydney Criminal Defence Lawyers

One of the most important traits for a criminal defence lawyer to possess is trust. The best way to foster a trusting client-lawyer relationship is through a personal referral.

Query friends and family to see who had a positive experience with a criminal defence lawyer. Use this list of referrals as a starting point for a personal search.

Ask these friends and family members specific questions before acting on the referral. Did the legal fees meet expectations or were there any unexpected expenses? Did the lawyer secure a positive legal outcome?

2) Research Online Reviews of Sydney Criminal Defence Lawyers

Relying on the advice of friends and family alone is not enough. Instead, supplement personal referrals with vigorous online research.

Online reviews provide a broad range of commentary on criminal defence lawyers. There will be plentiful information about legal fee structures, client-lawyer relationships, legal outcomes, and more.

Most importantly, a client can learn from the online community’s positive and negative experiences. One area that it can help is setting a budget. Online reviews often detail how much is spent on a lawyer for a specific charge.

3) Take Advantage of Free Consultation Offers

This step in the search process can provide answers to many questions. First off, the lawyer or firm will inform the client what type of lawyer is needed.

The type of lawyer required could come in many different forms. The situation at hand may drive the need for a civil lawyer as opposed to criminal defence.

There are many different legal specializations as well. For instance, law firms may set the client up with an expert in identity theft.

Lastly, the client is afforded the opportunity to ask a wide array of questions. These questions may be centred around fee structure, experience, sentencing, and legal risks.

Ultimately, there are no limits to the questions posed. A legal consultation will answer many questions and move the client closer to hiring a lawyer.

4) Ensure That the Lawyer Has Pertinent Court Room Experience

This is perhaps the most important evaluation factor for Sydney criminal defence lawyers. A personal referral or online review is helpful, but it may not be applicable to the charge at hand.

Asking about experience is a great question for a legal consultation. The client should inquire about specifics pertaining to the filed charge.

First, the client should ask if the assigned lawyer has courtroom experience. If the client has a complex legal situation, it is not ideal to be represented by a rookie before the judge.

Second, the lawyer should outline his or her experience specific to the charge. For example, a client charged with drink driving should retain a lawyer with courtroom experience in this area.

5) Does the Lawyer Fit Within Your Budget?

Experience and reputation do not matter if the lawyer is affordable. It is typical for the best lawyers to charge more than other less reputable options.

The free consultation is the perfect opportunity to determine whether the lawyer meets budgetary limits. The client should ask specific questions so there are no surprises down the road.

Ask the lawyer for a breakout of the rate structure. Does the lawyer charge by the hour or is there a fixed fee?

Another important question is whether there is a retainer fee. A retainer is a down payment for legal services. The lawyer will expense against the retainer fee as long as possible.

In most cases, once the retainer account is empty, the lawyer will start charging the client hourly. The balance may be due at the end of the case, but in some cases, the lawyer may collect progress payments.

Whether or not there is a retainer fee is critical for some clients. Some do not have the cash on hand to make an immediate down payment. These clients are looking for a payment plan and may need to find representation elsewhere.

In addition to a payment schedule, clients are wise to request a complete estimate. This estimate reduces the possibility of any financial surprises occurring.

6) What Are the Prospects of Success?

A client should select a lawyer who believes in the case and is confident of the best legal outcome. At the same time, the lawyer must be honest and inform the client of all legal risks.

If a negative outcome is likely, the defence lawyer should be upfront about these expectations. An honest evaluation of the client’s legal situation is important.

7) Make Sure There Is a Good Client-Lawyer Chemistry

This is another area where the consultation comes in handy. The consultation is an opportunity to see if a positive client-lawyer relationship is possible.

Chemistry should be evident during the face-to-face meeting. There are no dumb legal questions and the client should not be afraid to ask anything.

The lawyer should be open to questions and explain the law in layman’s terms so the client understands. Continued communication between client and lawyer is a must, with the lawyer having a receptive office staff and promptly returning calls.

Wrapping It Up

Selecting a lawyer is one of the few things that a client is responsible for. Once the legal team is assembled, the client hands the keys over to the lawyer.

For this reason, the importance of selecting an effective lawyer cannot be understated. There are many steps a client should take during this process from research to setting up a consultation.

At the end of the day, the selected lawyer must be reputable, experienced, and an honest broker. For more tips on evaluating Sydney criminal defence lawyers, please contact us for assistance on (02) 9533 2269.

Section 10 – No Conviction Recorded

Section 10 Dismissals and Section 10 Bonds:

What is a section 10 dismissal? Or a section 10 Bond? And when can they be imposed by the Courts?

Section 10 allows a Magistrate or Judge to, although finding a matter proven, decide not to record a conviction. This may be either by way of a complete dismissal under section 10 (1) (a), or by way of a Bond, under section 10 (1) (b).

With a Section 10 Bond, there may be conditions attached which must be complied with, but with or without specific conditions, a Bond imposed under Section 10 is effectively a conditional discharge – i.e. providing you do not commit any further offences (or otherwise fail to comply with specific conditions of the Bond), then at the end of the period of the Section 10 Bond, the charge is recorded as a non-conviction.

Want to Try for a Section 10?

Criminal Lawyers Sydney are experienced in arguing for Section 10 to be applied. Call us to ask whether you could be entitled to having the Court deal with you under Section 10 – (02) 9533 2269.

Section 10 dismissal

Section 10 can be applied in a wide variety of circumstances, but you are less likely to be entitled to its benefit if you already have a criminal record. If it is a first ever offence for you, you may be more likely to be entitled to the benefit. If the offence is extremely minor, then this is also an indicator that section 10 may be applied. If there were unusual, or extenuating, circumstances surrounding the commission of the offence, or if your personal circumstances are in some way exceptional, then you may be able to be dealt with by having no conviction recorded against you.

The types of arguments we can put forward for you depend in large part on the circumstances of the particular offence you have been charged with, as well as your specific personal circumstances. That’s what a good lawyer has specific expertise to do for you – put your best case forward to the Court, for the best possible outcome in your particular circumstances.

What types of offences can non convictions apply to? The short answer is any type of offence, so long as it is not a serious offence. It will depend upon the particular facts and circumstances of the case as to whether a section 10 outcome may be a realistic option or not.

Not having a conviction recorded against you can be critical for some purposes (some types of employment and some types of travel), and if anyone can avoid having a criminal record, then they probably would prefer that regardless. If you don’t want a conviction recorded against you and you have to attend Court because you have been charged with an offence, we can advise you on what your prospects are of being able to achieve that.

Don’t leave it to chance, or the hope that you might say the right thing to the Magistrate or Judge. If not having a criminal record, or simply not receiving a conviction for this particular offence, call us without delay – 02 9533 2269.

What Exactly Does Section 10 Say?

Section 10 of the relevant Sentencing Act is as follows:

(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

(a) an order directing that the relevant charge be dismissed,

(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,

(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program

(2) An order referred to in subsection (1)(b) may be made if the court is satisfied:

(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or

(b) that it is expedient to release the person on a good behaviour bond.

(2A) An order referred to in subsection (1)(c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

(2B) Subsection (1)(c) is subject to Part 8C.

(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:

(a) the person’s character, antecedents, age, health and mental condition,

(b) the trivial nature of the offence,

(c) the extenuating circumstances in which the offence was committed,

(d) any other matter that the court thinks proper to consider.

(4) An order under this section has the same effect as a conviction:

(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and

(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996 , and

(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.

(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.

– Section 10 extracted from the Crimes (Sentencing and Procedure) Act 1999 (NSW).

Finding The Best Criminal Law Solicitor

When dealing with the court system it is always best to have a good criminal law solicitor on your side. It is even more important, however, to have the very best when it comes to anything dealing with criminal law. The right lawyer will do all that they can to ensure that you do not have a criminal charge on your record in the end as long as they can help it.

Criminal Lawyers Sydney - Criminal Law Solicitors

Seek Referrals for the Best Criminal Law Solicitor

If you know anyone that has ever been charged with a crime you should ask them who they used to represent them. If they are willing to share with you what they were originally charged with as well as what the final outcome of the case was, that gives you a good idea of the kind of representation that they received. Often there is an opportunity to negotiate on the charges, and a good criminal law solicitor will always look into this for their clients.

Criminal Law Solicitor – Research

You should also do some research online about criminal lawyers in your area. There you can find who services the court system you are in and what their past clients felt about the representation that they received. Just like any other line of work, some lawyers are simply better at what they do than others. The more skill your lawyer has and how much attention they pay to your case will play a huge role in the final result.

Criminal Law Solicitor Reviews

When looking at reviews you will want to take notes. You should read the actual statements left by their past clients so that you can get the best idea of how they operate. You want a lawyer who is dedicated to every client who they take on. Some signs that they may not do this is if clients note that the lawyer was not prepared before arriving to court or meeting with them. This means that the lawyer is not reviewing the case and keeping themselves knowledgeable about the particular aspects of your situation.

Professional Criminal Lawyer

You also want to steer clear from lawyers that do not return phone calls, make serious errors or simply have bad social skills. These traits will lead to you losing your case. It is also imperative that the lawyer wants to fight as hard as you do. If they regularly suggest just pleading guilty, they absolutely are not doing what their job naturally entails.

Choose Your Criminal Lawyer Carefully

Finally, be sure that you take the time to call up to three of your best choices. While speaking with them you should take notes so that you can later compare them and make your final decision. Do not go with the lowest retainer, but instead chose the one the behaved in the most professional manner and that you felt the most comfortable with.

Finding the Best Criminal Lawyer to Represent You

Dealing with the court system for a criminal case can be extremely stressful. Don’t allow your emotions to lead you to making a rash decision. Take your time and choose the criminal lawyer who is going to best represent you and help you to fight the charges you are facing.

Criminal Lawyers Sydney and Suburbs represent criminal clients from all walks of life, all over the Sydney area, and may be able to get you a great result for your Court appearance – call for further info – (02) 9533 2269

Criminal Lawyers Sydney and Suburbs

For a criminal law solicitor you can rely on.

Section 32 Application

Eligibility for Section 32 Application

If you suffer from a mental illness, condition or disorder, or a developmental disability, and you have been charged with a criminal offence, you may possibly be eligible for a section 32 application. This is an application which is made pursuant to the Mental Health (Forensic Provisions) Act, 1990.

section 32 application

Section 32 Applications – Discretion

Section 32.(3) gives a discretion to the Magistrate to make an order dismissing the charge and discharge the defendant:

(a) into the care of a responsible person, unconditionally or subject to conditions, or
(b) on the condition that the defendant attend on a person or at a place specified by the Magistrate for assessment of the defendant’s mental condition or treatment or both, or
(c) unconditionally.

Purpose of Section 32

The purpose of section 32 is to allow defendants with a mental condition, a mental illness or a developmental disability to be dealt with in an appropriate treatment and rehabilitative context, which can, if necessary, be enforced by the court. The practical purpose of these diversionary powers is that they allow the Local Court to deal more humanely with defendants with a mental illness or cognitive impairment than its general powers otherwise allow.

Section 32 Application – Implications

If an order is made in accordance with section 32, as the result of a section 32 application made on your behalf:

  • there will be no finding of guilt;
  • the charge will be dismissed without conviction; and
  • you will be discharged from the Court system, usually on specific conditions that you comply with certain treatment requirements.

These types of orders can result in offenders improving their mental health and not coming back before the courts.

Section 32 Application – Treatment Plan Treatment Plan for Section 32 Application

Generally a Magistrate will not consider an application under section 32 unless there is a treatment plan put before the Court which will be sufficient to support a defendant through his/her recovery/treatment phase for at least the next six month period. The person who will be overseeing the plan often needs to be identified to the Court, and should agree to both overseeing the defendant’s compliance with the treatment plan, and reporting any non-compliance to the Court.

Failure to Comply with Treatment Plan

Any failure to comply with the treatment plan can result in the defendant being brought back to Court and dealt with according to law. It is therefore important for a defendant to understand this potential ramification of non-compliance, before a possibly futile section 32 application is made to the Court.

Where to From Here?

Criminal Lawyers Sydney Criminal Lawyers Sydney are experienced in making section 32 applications in the Local Court. In fact, Brigitte Simeonides, the principal of Brigitte Simeonides & Associates, has also presented several educational papers to the Mental Health Professionals Network on this topic.

If you have been charged with an offence and you believe you have a mental health issue, particularly if that issue impacted on your offending behaviour, call us today, on (02) 9533 2269 – and find out whether a section 32 application can be made, to keep you out of the criminal system and into a treatment plan to help you stay well and out of further trouble!

 

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Criminal Lawyer in Sydney and Elsewhere

A criminal lawyer from our team will discuss your options with you. If you are facing Court for any type of charge, you would do well to seek legal advice before you make any decisions on whether to plead guilty or not guilty, and as to whether you would benefit from retaining a criminal lawyer to appear on your behalf.  We also appear in appeal matters, whether or not you were represented in the original matter which you are now considering appealing.

Speak to a Criminal Lawyer

Criminal lawyers appear in Court on your behalf in relation to any type of criminal charge.  If you have been charged with a criminal offence, you should call to enquire about representation as soon as possible. Don’t leave it until just before your Court date to call us, or your choice of solicitor may not be available to represent you on the day, and your matter may need to be adjourned unnecessarily.

Criminal Lawyer - Solicitor

Criminal Lawyer – Matter Types

We take instructions in all types of criminal matters from the very serious to the relatively minor charges. Types of offences that we can represent you for include:

–  very serious matters such as armed robbery, robbery in company, murder, malicious wounding, assault occasioning grievous bodily harm and assault occasioning actual bodily harm, domestic violence matters, drug importation matters, drug supply matters, fraud related matters, white collar crime, and many more.

– criminal matters that may be considered less serious, such as PCA (drink driving) charges, common assault, malicious damage, traffic offences, possession of relatively small quantities of drugs, and many more.

People often underestimate the seriousness of the offences they are charged with, and represent themselves, often to their detriment.

No matter what type of charge you are facing, we can assist you in providing timely advice, and representation in Court.

Criminal Lawyer – Geographical Areas

If you have a Court matter that you need a lawyer for in Sydney, Parramatta, Liverpool, Bankstown, Burwood, Sutherland and many other Courts, call us. Whether you need a good criminal lawyer in Mount Druitt, Blacktown or Penrith, or whether you need a top criminal lawyer in North Sydney, Manly or Hornsby, or whether you need a great criminal lawyer as far afield as Wollongong, Port Kembla or Nowra, or even if you’re looking for the best criminal lawyer in any Sydney CBD or suburban Court, we have you covered! Just call and tell us what Court your matter is listed in, and we probably go there!

 

Call to speak to a criminal lawyer now, on (02) 9533 2269

 

 

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Criminal Defence Lawyers

For criminal defence lawyers, call (02) 9533 2269.

Have you been charged with a criminal offence and you want to plead Not Guilty?

Or are you unsure whether you should plead Guilty or Not Guilty?

Criminal Defence Lawyers

Criminal Defence Lawyers - Criminal Solicitors - Criminal Lawyers Sydney
can help you with your defence, and will advise you on whether you should be defending your matter (pleading Not Guilty), or pleading Guilty with an explanation about the circumstances of the offence.

It is important that you obtain legal advice at the earliest possible opportunity.  A competent criminal defence lawyer can certainly represent you if you decide you need representation at a later stage, but to ensure that your solicitor is in a position to fully prepare your case, the earlier you obtain that legal advice, the better it is likely to be for you.

Call Criminal Defence Lawyers to Find Out Your Options

So call us now to find out what your options are.  We will advise you on your best course of action so you will have a clear plan ahead of you, and an understanding of what steps will need to be taken to defend your case (or to plead Guilty as the case may be).

So what exactly is involved in defending a criminal charge? Well, that depends on the type of charge, but the prosecution must prove every element of each charge. You as the Accused do not have to prove anything. However, if the Police have some reasonably strong evidence against you (even if it is purely circumstantial), good criminal defence lawyers look for every opportunity to cast doubt on aspects of the prosecution case. If once all the evidence has been heard there is sufficient doubt such that a Magistrate or Judge is not able to find guilt beyond reasonable doubt, then you will be acquitted (found to be not guilty of the offence).

Call our Experienced Criminal Defence Lawyers

Our experienced criminal defence lawyers will be happy to discuss your options with you – call us on (02) 9533 2269.

 Criminal Defence Lawyers Sydney

Drink Driving Lawyers NSW

If you have been charged with a PCA offence (prescribed concentration of alcohol in the blood) – colloquially known as drink driving, then you are probably looking for drink driving lawyers to assist you.

Drink Driving Lawyers

Drink Driving Lawyers

from our team are experienced in all facets of the law as it relates to offences of drink driving.  They will advise you on how you can achieve the best possible outcome in the circumstances of your case.

Whether you have been charged with Low Range, Mid Range, or High Range PCA, there is often a good deal of scope for arguing that your penalty should be less than would be imposed if the Magistrate knows nothing about you.  Only an experienced drink driving lawyer will be able to canvass all necessary information with you so as to maximise your prospects of achieving a good result, and can expertly argue on your behalf so as to convince the Magistrate that your circumstances are deserving of some leniency.

A driver’s licence is important to almost all of us, and minimising the disqualification period is something that only an experience driving driving lawyer can do well.  Fines can also be significantly reduced if the right case is put forward to the Magistrate.

Circumstances that Drink Driving Lawyers Can Put Forward on Your Behalf:

There are numerous aspects of both the circumstances in which the offence arose, your history (criminal and traffic history, or lack of either may be relevant), and your personal circumstances generally, that can be taken into account by a Magistrate when determining the appropriate sentence or penalty. An experienced drink driving lawyer is used to eliciting from you the most pertinent information, and presenting the most important factors in the best possible light.

Call Drink Driving Lawyers – (02) 9533 2269

If you have been caught and charged with a PCA (drink driving) offence, call one of our experienced criminal solicitors to discuss your particular circumstances.

Our drink driving lawyers can help you.