CRIMINAL DEFENSE LAWYERS
My Legal Crunch has Criminal Defence Lawyers to assist you if you:
• have been charged or could be charged with a crime;
• have been accused of committing a crime by an individual or your employer;
• are being or will be questioned by the police, ASIC, ATO or another authority in relation to a possible crime; or
• have committed a crime and you need private and confidential legal advice.
Our Criminal Defence Lawyers can help you in all criminal law matters including:
• Criminal Court Hearings
• Bail Applications
• Speeding Matters
• Drink Driving
• Carless and Dangerous Driving
• Traffic Offences
• Drug Offences
• Theft Offences
• Assault Charges
• Sexual Offences
• Breach of Court Orders
The following information is general in nature only and should not be understood as legal advice.
Whether you are innocent of an alleged crime or you've made a mistake, My Legal Crunch Criminal Defence Lawyers are here to help you get the best result you can. When you are faced with criminal prosecution the police and prosecution have vast resources working to convict you. In some cases, this has led to the wrongful conviction of innocent people. That's why you need to have one of our Criminal Defence Lawyers on your side to guide you through the procedures and process, to ensure the law is applied fairly and to assist you to get the best possible outcome.
The earlier that one of our Criminal Defence Lawyers can help you, the better we can defend you and ensure that you are being treated fairly. When you engage our Criminal Defence Lawyer service we can begin dealing with the courts, police and prosecution services on your behalf, attend with you to police interviews, attend with you to court hearings and conduct investigations into any allegations made against you.
We will undertake a full review of your criminal law matter and provide you with advice on getting an acquittal. In the case where you admit to the crime, we will work to get you the best result by negotiating with the prosecution to reduce your charges if possible, assist you to minimise any potential penalties and provide you with suggestions for any remedial action you can take to improve your circumstances.
In the case of sentencing, our Criminal Defence Lawyers will provide you with information about the possible range of consequences, appear before the court at your sentencing hearing and inform the court of your good deeds, your personal circumstances such as caring duties, employment, charitable acts and your positive contributions to society.
Should I Wait Until I Have Been Charged?
Even if you have not been charged with a crime and the police are "just making inquiries", do not wait. Contact My Legal Crunch to speak to one of our Criminal Defence Lawyers. If you do say anything to the police or another authority or another person, anything you say may be used against you and it can be used to discredit you or discredit any witnesses. It may be that your best option is to say nothing even if someone has made false allegations against you. Always remember, sometimes innocent people are convicted and go to jail for crimes they have not committed.
We can assist you to determine what, if anything, you should say in your defence and in the case that you are innocent of the alleged crime, assist you to prove your innocence by working with you to review the circumstances and available evidence and present appropriate information to the prosecution.
What Are The Consequences Of Being Found Guilty Of A Crime?
The consequences of being charged with a crime vary greatly depending on the type of crime, the number of charges, any criminal history, extenuating circumstances and your personal circumstances. Our Criminal Defence Lawyers will be able to advise you of specific penalties applicable to the charges made against you.
Generally, the consequences of being found guilty of a crime can include:
• being released without any obligations or penalties;
• a conviction being made without the conviction going on your record;
• a conviction with the conviction going on your record;
• monetary fines;
• a requirement to undertake certain actions such as community service, counselling and/or courses;
• a requirement not to do certain things;
• a jail sentence;
• home detention and or restrictions on your movements; or
• a combination of the above.
There can be serious consequences if you are charged with and/or found guilty of a crime. Some licenses that you hold could be affected if you are charged with a crime even if you are not found guilty of the crime. If you are found guilty of a crime you may need to disclose the crime to your employer, disclose the crime to your future employers and it may affect certain rights such as holding a Working with Children Card/Blue Card, being eligible to care for other people including foster children or travelling to certain countries depending on the particular conviction.
Under some circumstances, if you have no prior convictions and the charges against you are not serious and you instruct us that you want to plead guilty, we may be able to negotiate on your behalf with the prosecution to have no conviction recorded against your name.
Under some circumstances for minor offences, we may be able to ask a Court to release you unconditionally meaning you have no conviction, or Court imposed fines or penalties.
I've Been Charged With A Crime What Should I Do?
If you are charged with a crime it is often a stressful time when you need to carefully consider your position in light of the charges and the possible consequences of the charges. It is important that you understand your circumstances, what your options are and what the consequences of those choices could be.
Our skilled Criminal Defence Lawyers will help you:
Understand what crimes you have been charged with;
What duties the police have to prove the charge(s) against you;
What your legal rights are, including (but not limited to):
Having a third party available during any police interview where appropriate;
That the police and prosecution services have met their duties and obligations to you and the justice system;
Your right to silence;
Whether there are any exceptions or special rules that apply in the circumstances; and
An assessment of your personal circumstances such as mental illness etc.
The consequences of the prosecution proving charges against you and a guilty conviction being made; and
What options you have if the charges are proven.
If the matter proceeds to a court hearing one of our Criminal Defence Lawyers will ensure the police and prosecution have met all of their duties and obligations to you and to the justice system and give you the best opportunity to present the circumstances to the Court.
In some circumstances, it may be appropriate to have some or all of the charges made by the police against you withdrawn if the charges are without a proper basis. We may be able to have the police's case against you thrown out of Court if the case made against you has no proper basis.
Being Arrested And Applying For Bail
When you are charged/arrested for a crime the law may allow the police:
1. To release you and summons you to appear at Court at a future date;
2. Under some circumstances the police may have the power to arrest you but may release you on bail; or
3. The police may put you in jail and hold you on "remand" until you can be brought before a court.
Summons To Appear
When you are charged with a crime the police may not have the lawful power to keep you in jail because the crime is minor. Alternatively, the police may have the lawful power to keep you in jail but they decide not to because the law allows you to be released. In this case, the police will issue you with a summons to appear before a Court. If you do not appear at this hearing the Court may issue a warrant for your arrest and for you to be arrested and brought before the Court.
Police Granted Bail
In some cases where you are charged with a crime, the police may have the lawful power to arrest you. Rather than keep you in jail, the police may decide to release you on bail. Bail means that you are released providing you agree to come to Court on the date specified and that you agree to any bail conditions. If you breach these conditions you may be guilty of a further crime and put in jail without further bail rights. You do not have to agree to bail, however, you may not be released from jail if you do not.
Being Held On Remand And Court Bail
Where a crime has been committed the police may have the lawful power to hold that person in jail until that person is brought before a Court. A Court will then decide whether that person can be released on bail or held in jail until the court proceedings have been heard by the Court.
Going To Court
Going to court can often be daunting. The Court process can be unclear such as letting the Court know that you have arrived, finding the right courtroom, knowing what clothing to wear, being called up to the Bar Table to defend yourself, understanding what the burden of proof is, understanding the prosecution’s duties, whether you can negotiate with the prosecution, what the rules of evidence are, how to address the Judge, how to defend yourself and what to say and what not to say.
Our Criminal Defence Lawyers can attend to your Court hearing with you and guide you through every step of the process. Our experienced lawyer will appear before the judge and provide you with a voice and where appropriate defend you against any charges.
Arraignment And Making A Plea
At the first hearing in a criminal matter, the charges that have been made against you will be read out in open court. You will then be asked how you plead to the charges. Usually, your plea will be "guilty" or "not guilty". We will discuss your plea options with you and the consequences of entering a plea.
In the case that you are considering pleading guilty because you are admitting to the charges, we may be able to negotiate with the prosecution to drop some of the charges against you or that you have lesser charges applied thereby reducing the possible consequences against you.
If the case that you plead innocent because you the deny the charges made against you, the matter will proceed to a contested hearing. At a contested hearing the police and prosecution must prove each of the charges made against you. If a charge cannot be proven, you cannot be convicted of having committed the crime that the charge relates to. The standard to which the charges must be proved against you is "beyond a reasonable doubt".
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(02) 8569 2344