Criminal Law

Newcastle Court Lawyers is a Newcastle based law firm practicing exclusively in the area of Criminal Law. We will appear on your behalf in all NSW courts.

If you have been charged by police, or have received a court attendance notice, you should seek Legal Advice ASAP.

Newcastle Court Lawyers will provide a Free First Consultation and ensure our Costs are affordable and reasonable.

In Criminal Law Matters, it is very important to remember that you have a Right to Silence. You should not participate in an interview or ERISP until you have received legal advice. While the police will often suggest that you should assist with their investigations, it is better for you to Remain Silent so you do not incriminate yourself. Police also rarely tell you that you can provide a statement at any time after your arrest. It does not have to be done before you receive legal advice.

If you are Charged By Police, the prosecution has an obligation to prove the charge against you Beyond A Reasonable Doubt. Your criminal law lawyer is not required to prove you are Innocent. Your lawyer’s job is to ensure the prosecution case against you is properly tested and challenged to ensure you are not wrongly convicted. Your lawyer will therefore endeavour to identity all weakness or defects in the prosecution case to establish you are Not Guilty.

If you are found guilty, or sentenced too harshly in the Local Court, you have a right of Appeal to the District Court. A Conviction Appeal is an appeal against a finding of guilt in the Local Court. A Severity Appeal is an appeal against the severity of the sentence in the Local Court. It is important to understand your appeal rights before you appear in the Local Court to ensure the appropriate evidence can be relied on in a District Court Appeal if need be.

We are experienced in ensuring you are properly represented. We will advise you of your rights in relation to defending the charge or whether a PLEA DEAL can be negotiated to withdraw or reduce the charge.

CRIMINAL LAW LINKS

FACTS SHEETS

http://www.localcourt.justice.nsw.gov.au/Pages/cases/criminal_cases.aspx

http://www.localcourt.justice.nsw.gov.au/Pages/what_to_expect/going_to_court_criminal.aspx

LEGAL AID

http://www.legalaid.nsw.gov.au/get-legal-help/applying-for-legal-aid

http://www.lawaccess.nsw.gov.au/Pages/find-out-about-legal-aid/legalaid.aspx

BAIL

http://www.localcourt.justice.nsw.gov.au/Pages/cases/bail.aspx

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/guide-to-bail

POLICE POWERS

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/police-powers

http://www.police.nsw.gov.au/__data/assets/pdf_file/0009/197469/NSW_Police_Handbook.pdf

SECTION 10

http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s10.html

https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charges.html

APPEALS

http://www.localcourt.justice.nsw.gov.au/Pages/cases/appeals_and_reviews.aspx

DRUGS

http://www.police.nsw.gov.au/community_issues/drugs

MERIT

http://www.merit.justice.nsw.gov.au

DRUG COURT

http://www.legalaid.nsw.gov.au/what-we-do/criminal-law/adult-drug-and-alcohol-court

LEGISLATION

CRIMES ACT – http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/

SENTENCING – http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/

CRIMINAL PROCEDURE – http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1986188/

AVO & DOMESTIC – http://www.austlii.edu.au/au/legis/nsw/consol_act/capva2007347/

POLICE POWERS – http://www.austlii.edu.au/au/legis/nsw/consol_act/leara2002451/

DRUGS – http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/

CRIMINAL RECORD – http://www.austlii.edu.au/au/legis/nsw/consol_act/cra1991167/