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Navigating the legal system on your own can be stressful. That’s why trusting The Australian Legal Practice with your criminal
The Australian Legal Practice distinguishes itself from other firms by providing legal advice in an easy-to-understand manner. We avoid legal jargon and take a real-world approach to conferences with our clients.
We understand it can be hard to discern the legal representation you need. That’s why, The Australian Legal Practice prides itself on a free initial conference.
No matter the criminal offence or offences you have been charged with, an experienced solicitor will break down the charges and provide the best course of action.
Contact us today on (02) 8084 9929 for tailored advice and representation.
Although the Court may find you guilty of a criminal or traffic offence, section 10 of the Crimes (Sentencing Procedure) Act 1999 means the Court may choose to record no conviction.
We offer fixed fees for many of our criminal matters. For more information on prices and payment plans, call our office on (02) 8084 9929 for a free no, obligation discussion.
In Australia, there is no consensus about laws relating to prostitution, with each State and territory taking differing approaches to legislating prostitution and sex work.
It is important to understand the difference between arrested, charged and convicted as all three stages may have different implications as your matter progresses through the justice system.
Arrested
When police arrest an individual, they have reasonable suspicion that the person is about to commit an offense, has committed an offense, or that a warrant for their arrest exists.
Police will inform the individual that they are under arrest and state the reason for the arrest.
Among other reasons outlined in Section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (‘LEPRA’), an arrest allows police to question the person, prevent them from fleeing, or stop further crimes.
Arrest does not mean guilt. The individual retains rights, such as the right to remain silent and to contact a lawyer.
Charged
If police find enough evidence, they may charge the person with an offence. Charging someone means the Police formally accuse the person of committing a specific crime.
Being charged usually leads to a court date.
An individual usually receives the Court date through a Court Attendance Notice (CAN). The CAN outlines the charge and other essential information.
The person must appear in Court to answer the charge.
It is recommended to seek legal advice before attending Court.
Convicted
A person is convicted if, after a Court hearing or trial, they either plead guilty or are found guilty by the Court of the crime with which they were charged.
Conviction is a formal finding by the Court that the person committed the offence. Once a finding of guilt is made, the matter will proceed to sentencing, which may result in a penalty such as a fine, community service, or imprisonment.
It is important to note that the Court may find an individual guilty but not record a conviction. As such, a finding of guilty does not always equate to a conviction.
The Court has the power to make non-conviction sentence orders under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
It is important to seek legal advice early so you know your rights and have an experienced lawyer fighting for you. Contact our professional criminal lawyers today on (02) 8084 9929.
The actual cost of a criminal lawyer depends on the seriousness of the charge, the court the matter is heard in, the experience of the lawyer, whether the matter is contested, and the number of preparation hours and court attendances required. A simple Local Court matter dealt with on a plea of guilty typically costs a few thousand dollars for a single day in court. A contested District Court trial can run into tens of thousands of dollars.
Bearing the cost to bail someone out of jail adds pressure to an already stressful situation. There can also be a price difference depending on whether you require bail on a weekday or the weekend.
The penalty for drug dealing in NSW ranges from 2 years imprisonment up to life imprisonment, depending on the quantity and type of drug involved.
Drug dealing is prosecuted as drug supply under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). Schedule 1 of the Act sets out five quantity thresholds (small, traffickable, indictable, commercial, and large commercial), each with escalating maximum penalties. A small supply of a non-commercial quantity can result in a 2-year Local Court sentence. A large commercial quantity of cocaine or methylamphetamine attracts up to life imprisonment.
The sentence for possession is not as lengthy as other drug related offences. Yet, like other drug offences,
The charge for Assault is split into two categories in NSW. Under the Crimes Act 1900 (NSW), Assault charges are broken into either:
It is important to understand the difference between arrested, charged and convicted as all three stages may have different implications as your matter progresses through the justice system.
The best way to reduce your drink driving sentence is to obtain legal representation.
At The Australian Legal Practice, our experienced lawyers will consider the implications a drink driving sentence on other facets of your life such as your employment, medical and carer needs.
Being found guilty of a criminal offence in Australia does not automatically mean a criminal record is recorded against you.
Under NSW law, a court can find you guilty but choose not to record a conviction, most commonly through a Section 10 dismissal or a Conditional Release Order without conviction under the Crimes (Sentencing Procedure) Act 1999 (NSW).
Failing to appear in court in Australia is a serious matter with immediate legal consequences.
In NSW, the court will generally issue a warrant for your arrest, any bail money or property may be forfeited, and you can be charged with a separate criminal offence under section 79 of the Bail Act 2013 (NSW), which carries a maximum penalty of 3 years imprisonment or a $3,300 fine.
Yes, in Australia mental health issues can result in criminal charges being dropped, and this is a legal pathway that most people do not realise exists.
In NSW, the main mechanism is a Section 14 order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). If successful, the Local Court dismisses the charge without a conviction, without a finding of guilt, and without anything recorded on your criminal record, provided you comply with a treatment or support plan for up to 12 months.
Yes, bail is possible for most serious criminal charges in Australia, but it depends on whether you can satisfy the bail tests under the Bail Act 2013 (NSW) and what conditions the court is prepared to impose.
The Australian Legal Practice prepares urgent bail applications for clients across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to a Principal lawyer on (02) 8084 9929.
Your first court appearance for a criminal charge in NSW is called a mention. It is a short procedural hearing where the Judge will check the charges, take any bail concerns, and ask whether you intend to plead guilty, not guilty, or seek an adjournment.
The Australian Legal Practice represents clients at first court appearances across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to a Principal lawyer on (02) 8084 9929.
Yes, a criminal charge can be dropped before going to court in Australia, but only the prosecution can withdraw a charge. The most effective way to achieve this is through written legal representations to the police prosecutor or the Office of the Director of Public Prosecutions, supported by detailed analysis of the evidence and the law.
The Australian Legal Practice prepares early-stage representations for clients across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to a Principal lawyer on (02) 8084 9929.
In NSW, police search powers are strictly regulated by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). Police can only search you, your vehicle, or your home in defined circumstances, usually requiring reasonable suspicion or a valid search warrant. You have the right to know who is searching you, why, and to challenge the search later if it was unlawful.
The Australian Legal Practice advises clients on police search issues across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to a principal lawyer on (02) 8084 9929.
Shoplifting can go on your criminal record in Australia, but it does not always.
In NSW, minor shoplifting is often dealt with through a Criminal Infringement Notice carrying a $300 fine and no criminal record. More serious shoplifting is prosecuted as larceny under section 117 of the Crimes Act 1900 (NSW), where the court can still decide not to record a conviction through a Section 10 dismissal or a Conditional Release Order without conviction.
The fine for shoplifting is covered under the same punishment as those for larceny.
The maximum jail sentence for identity theft in NSW ranges from 3 to 10 years, depending on which offence is charged under Part 4AB of the Crimes Act 1900 (NSW).
The most serious offence, dealing with identification information with intent to commit an indictable offence (s 192J), carries up to 10 years imprisonment. Possessing identification information (s 192K) carries up to 7 years, and possessing equipment to make identity documents (s 192L) carries up to 3 years.
Yes, you can go to jail for shoplifting in Australia, but for most first-time offenders and low-value matters, imprisonment is unlikely.
In NSW, shoplifting is prosecuted as larceny under section 117 of the Crimes Act 1900 (NSW), with a maximum penalty of 5 years imprisonment in the District Court and 2 years in the Local Court. Whether jail is actually imposed depends on the value of the goods, the offender’s prior record, and the circumstances of the offence.
When having an AVO matter before the court, you may ask yourself if you need a lawyer.
The cost to defend an AVO varies depending on the details of the case and the complexity of the matter.
If you plead guilty to an AVO, you will be required to adhere to the conditions of the AVO for the prescribed period.
Deception is defined under s192B of the Crimes Act 1900 (NSW) as words or other conduct as to fact or as to law, including…
Yes, you can go to jail for fraud in Australia, and for serious fraud matters, imprisonment is a real possibility.
In NSW, the main fraud offence is contained in section 192E of the Crimes Act 1900 (NSW), with a maximum penalty of 10 years imprisonment. NSW sentencing statistics show that fraud is treated more seriously than many other dishonesty offences. Around 16% of Local Court fraud matters and 68% of District Court fraud matters result in a custodial sentence.
Like most offences, the cost of defending a fraud matter in Australia varies depending on the State in which you live.
Whether or not your traffic offence will be deemed a criminal offence depends on the seriousness of the charge.
A simple speeding ticket is not a criminal conviction.
A simple speeding ticket will not be noted on your criminal record unless there was a related conviction in court.
In Australia, drink driving includes low range, mid-range and high range concentrations.
In order to get an AVO dismissed the criteria of the AVO must be disputed.
Yes, a criminal charge can affect your job in Australia, even before you are convicted.
The impact depends heavily on the distinction between being charged (the allegation is made but the matter is unresolved) and being convicted (the court has formally recorded a finding of guilt). Disclosure obligations, employer rights to dismiss, and the protections available to you differ significantly between the two.
Being charged with assault in NSW triggers a criminal process that begins with police interaction, moves to bail, and then to court under the Crimes Act 1900 (NSW).
What happens next depends on the type of assault charged, whether any injury was caused, and whether the matter is domestic-related. Penalties range from a Section 10 dismissal (no conviction) to significant prison sentences for serious assaults, and many charges are accompanied by an Apprehended Violence Order (AVO).
Being charged with a domestic violence offence in NSW triggers immediate legal consequences that extend well beyond the courtroom.
From the moment police attend an incident, you can face arrest, an interim Apprehended Domestic Violence Order (ADVO), exclusion from your home, mandatory firearms surrender, and a bail process governed by strict “show cause” provisions. NSW law, under the Crimes (Domestic and Personal Violence) Act 2007 and the Crimes Act 1900, treats domestic violence as an aggravating factor in sentencing.
If you are charged with sexual assault in NSW, you face one of the most serious indictable matters in criminal law. The charge will be heard in the District Court, the prosecution will be conducted by the Office of the Director of Public Prosecutions (ODPP), and the maximum penalty is 14 years imprisonment (or 20 years to life for aggravated offences).
The Australian Legal Practice represents people charged with sexual offences across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to one of our lawyers on (02) 8084 9929.
Yes, in Australia you can be charged with a crime based on someone else’s statement alone, including without physical evidence, CCTV, or witnesses. A statement is evidence in itself, and police can lay charges where they have reasonable grounds to suspect an offence has been committed.
The Australian Legal Practice represents people facing charges based on contested statements across Sydney, with offices in Burwood, Sydney CBD, and Parramatta and 24/7 access to a principal lawyer on (02) 8084 9929.
As family law specialists, we understand that a relationship breakdown, such as a divorce
The Australian Legal Practice distinguishes itself from other firms by providing legal advice in an easy-to-understand manner.
We understand it can be hard to discern the legal representation you need. That’s why…
For some matters we may offer payment after settlement options.
For more information on prices and payment plans, call our office on (02) 8084 9929 for a free no, obligation discussion.
There’s no denying that securing an experienced family lawyer is often costly.
The legal fees in a custody battle depend primarily on whether your family matter resolves out of court or proceeds to the Family Law Courts.
The Family Court hears several disputes. Including but not limited to…
The most common child custody arrangement in Australia is shared custody, with one parent having the majority share while the other has ‘substantial and significant care…
Filing for divorce in Australia is an efficient process, as you can fill out the application for divorce online.
Yes, a father can get 50/50 custody in Australia.
Yet, several factors determine whether or not the father will obtain equal shared custody.
There are two main ways of gaining sole custody of your child in Australia.
Yes, you can refuse a divorce in Australia, but like most processes, there are limitations.
Yes, one-sided divorce is possible in Australia.
A one-sided divorce is formally referred to as a sole divorce application….
The cheapest way to get a divorce in Australia is through a joint application. If you and your partner are in agreement about your divorce and its conditions
Having a lawyer while getting a divorce in Australia is essential to protect your rights during divorce proceedings.
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