Criminal Lawyers Sydney

Convictions become spent after a certain period even though they appear on a person’s record. For example, in NSW, criminal convictions for non-sex offences which receive a sentence of fewer than six months imprisonment become spent after a crime-free period of ten consecutive years.

Generally, questions about your criminal history usually refer to convictions that are not spent, something that our Sydney criminal lawyers will inform you accordingly. However, it is essential to know that the police are not allowed to disclose them to anyone except the court if the person is charged again.

The Local Court in NSW is concerned with applying the sentencing procedures which consider factors like punishment, deterrence, protection of the community, rehabilitation of the offender, and recognise the harm done to the victim of the crime and the community.

Your Sydney criminal defence lawyer & solicitor will submit a favourable case on your behalf. Factors relevant to your case may include extra-curial punishment, time spent in custody, rehabilitation programs, remorse, discount for the plea of guilty and any compensation given to the victim and the community.

These are referred to as subjective features and can allow an offender to avoid imprisonment or even avoid a conviction altogether.

The burden or requirement of proof in NSW is always on the Prosecution to prove the charges beyond a reasonable doubt. That burden never changes, and the accused has no obligation to prove any fact or issue in the criminal hearing. A crucial part of Sydney's criminal law justice system is the presumption of innocence – that means that when a person is charged with a criminal offence, he/she is presumed innocent until the Prosecution has proved the case or their guilt beyond a reasonable doubt.

A person's good character is admissible under section 110 of the Evidence Act. The Magistrate or judge will have to regard to accused's good character when deciding whether or not to believe if it is likely that the accused committed an offence. Your Sydney criminal defence lawyer may also use it to establish your credibility in denying the criminal offence.

The criminal law system in Sydney, NSW, is made up of legislation and cases that have been decided over hundreds of years by judges or magistrates. Those decisions have affected how the criminal law is interpreted and formed legal principles known as "common law" or "case law". When a case comes before a court, the relevant principles must be considered, and criminal law barristers should be able to present the evidence they need to support their case in line with those laws.

If you are under investigation for a criminal offence in NSW, the Police will be interested in asking you questions in an interview. You have a right to remain silence – this means you can freely refuse to answer Police questions and do not have to make a statement or interview. It is your choice. You should seek legal advice from a Criminal Lawyer before you decide whether to do an interview or answer questions.  

Sometimes doing an interview will help police strengthen their case and lead to you being charged with a crime. It will then be very difficult to defend a criminal charge in Sydney courts.  

It is also very important to remember that Police cannot say you are guilty because you refused to answer questions or do an interview. It is your fundamental legal right to choose to remain silent.  

Wigs and robes originated in England as a way to distinguish defence lawyers from other members of society. In NSW courtrooms, such as the District Court, it represents to the public and jury that all parties are equal and therefore they look the same. No discrimination, only judgment on the evidence presented. 

Barristers in Sydney District, Supreme and High Courts are required to wear wigs, robes, jackets and jabot, while their instructing solicitors car wear dark formal attire. 

In the Downing Centre Local Court, Bankstown Local Court, or Parramatta Local Court in Sydney, you wont see any wigs or robes being worn as it is not a requirement in the NSW Local Court. 

Every criminal offence begins in the Local Court of NSW and then progresses to to finality either in the Local Court, District Court or Supreme Court. The more serious criminal cases are prosecuted in the District or Supreme Court, but 90% of crimes are finalised in the Local Court. 

The Local Court jurisdiction cannot deal with Strictly Indictable criminal charges to finality but everything else can be. The Local Court in Sydney, Parramatta, Bankstown, Burwood or other suburbs deal mainly with domestic violence cases including common assault, breach of AVO, damage to property, intimidation, theft and traffic infringements, drivers licence appeals, and other minor traffic law-related charges. The Local Court is usually a lot faster than higher courts and has limits on the penalties a person can receive, such as a maximum sentence of 2 years imprisonment for a single offence. 

In NSW, rape charges, sexual assault charges that include intercourse without consent and serious sexual harassment charges are classed as ‘strictly indictable’ criminal offences with penalties between 5 – 25 years imprisonment. The NSW Legislation has enacted these laws with high penalties to bring about public deterrence of these crimes.   

When an accused person pleads not guilty before the District Court of NSW, it becomes the task of the Jury (12 members of the community) who sit on the trial of that accused person to hear and see the evidence that is being presented against them. The Jury is then empowered to be the judges of the facts and decide if they are satisfied beyond a reasonable doubt of the guilt of the accused. These proceedings that involve serious criminal offences are complex and lengthy. It is important to seek legal advice from one of our specialist criminal lawyers Sydney & sexual harassment lawyers. Book your free consultation in Sydney's best criminal law firm today by calling 1800 100 529. 

A criminal lawyer can either be a criminal barrister or a criminal solicitor in the Downing Centre Sydney courts or elsewhere in NSW. They are both legal professionals who defend you in criminal cases and can advocate on your behalf. The main difference between a Sydney criminal defence barrister and a criminal defence solicitor is the type of legal work they do on your case and the type of court the case is in.  

In Jury trials in the District Court, a barrister is usually required because they specialise in court appearances and speaking to a jury. By contrast, a solicitor who practices in criminal law in Sydney must do the preparation work, consult the client and work with your barrister to ensure everything is ready for the trial. Barristers are criminal law specialist lawyers who are trained in court advocacy and cross-examining witnesses in more complex and serious crime matters. 

In most cases in the Local Court of Sydney, Parramatta, Bankstown or Penrith, a criminal defence solicitor will work on your case from start to finish, and a barrister may not be required unless you choose to add one to the legal team. If you choose a barrister, your solicitor will then hire one for legal advice and to do the court appearances. Barristers usually do not work directly with clients unless a solicitor is involved in between.  

We have a panel of criminal law defence barristers in Sydney with decades of experience and know-how to win cases. Call Powerhouse, one of the best criminal law firms in Sydney, Australia, to hire one for your case.