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Criminal Law Information

Being charged with a criminal offence can have extremely negative ramifications on your life. To be found guilty, the police or the prosecution must establish their case beyond a reasonable doubt. Because of this, it is critical that police investigations are tested in court based on the evidence gathered.

It is critical that the police and the prosecution adhere to all applicable evidence regulations in order to ensure that only admissible evidence is presented to the court or jury. Having your account heard and your version of events known by the court is equally crucial. Whether you are being sentenced or not, it is critical that the court knows more information about you as a person, rather than simply about you as an offender.

Given the massive impact that being charged with criminal offences can have on your life, do not go it alone. Talk to our team of criminal lawyers at Law By Dan.

At Law By Dan, our criminal lawyers are Accredited Criminal Law Specialists. This means that the governing body for lawyers across Australia, deems our criminal lawyers in the top 5%.

Contact Law By Dan now for a free consultation to find out where you stand.

Our Services

At Law By Dan, our criminal law experts can assist you in a wide range of criminal law areas.

Assault Charges

Being charged with assault may be a challenging and stressful situation to find yourself in at any time.

If you are contemplating hiring a lawyer to represent you in an assault case, you may want to consider researching their previous expertise and track record in defending and winning assault cases.

You may want to request a free initial consultation so that you may discuss pricing and get a sense of whether your lawyer is committed to obtaining the best possible outcome for you.

Charges for Breaking and Entering

The Crimes Act has a number of distinct types of break and enter offences, each of which carries a different penalty. Perhaps the most often prosecuted crime is that of ‘break, enter, and conduct a severe indictable offence,’ which is covered by section 112 of the Crimes Act, which also includes the crime of ‘break, enter, and steal,’ among others.

In the event that you’ve been charged with a break and enter offence, you may be concerned about how the charge will effect you and your future.

Detailed information regarding what the prosecution must show in order to convict you of a break and enter offence, as well as the sorts of punishments that you may be subjected to, may be found in the following sections.

A full description of ‘aggravating circumstances’ has also been included, as well as some information on the many sorts of break and enter offences that fall under the purview of the Criminal Code.

Commonwealth Charges

A variety of suspected illegal behaviour is covered by federal or Commonwealth governments, ranging from petty Tax and Customs violations to more severe offences under the Criminal Code.

Australian Federal Police (AFP) or the Commonwealth Director of Public Prosecutions (CDPP) are often in charge of prosecuting Commonwealth matters (AFP).

As a result of the vast resources available to the CDPP and the AFP, it is critical that you obtain superior representation from criminal lawyers who have extensive experience defending Commonwealth prosecutions.

Drug Charges

Our lawyers have extensive expertise in drug law and have appeared at all levels of court, achieving exceptional outcomes in cases involving all types of serious drug-related offences.

Our expert drug lawyers have a demonstrated track record of achieving outstanding results in the following areas:

Even after admitting guilty, it is possible to avoid a criminal conviction.

Strategic talks resulted in the dismissal of a major narcotics accusation early on.

Obtaining a ‘Not Guilty’ decision in severe District Court drug prosecutions is a rewarding experience.

Our lawyers are experts in the following areas:

  • Charges for Possession of Marijuana
  • Charges Associated with Commercial Drugs
  • Charges Associated with the Supply of Prohibited Drugs
  • Charges Associated With Drug Importation
  • Charges for Cultivating Prohibited Plants

Whether you are facing serious drug charges or a juvenile in possession of a forbidden substance charge, our experts can offer you immediate advice, assistance, and legal counsel throughout the whole court process.

Accusations of Sexual Assault

In accordance with Section 61l of the Crimes Act, any person who engages in sexual contact with another person without their agreement commits a criminal offence known as sexual assault, which is punished by a maximum sentence of 14 years imprisonment.

Moreover, if the sexual assault is performed under conditions that are aggravating, the punishment is increased, and the criminal will be subject to a sentence of twenty (20) years in prison. Aggravating offences include the inflicting or threatening to cause actual or grave bodily injury to the victim or to any other person, the victim suffering from a major physical handicap or cognitive impairment, and kidnapping, to name a few.

When it comes to sexual assault, consent is a crucial component.

As defined in Section 61HE of the Crimes Act 1900, consent is defined as a free and voluntary agreement to participate in a sexual action.

Someone who is not of legal age or who is incapable of giving valid permission to a sexual action, such as if they are unconscious or sleeping, or who provides consent as a result of threats or terror or who is unjustly held, cannot give valid consent to a sexual activity.

Section 61K of the Criminal Code states that a person who intentionally or recklessly inflicts, or threatens to inflict, actual bodily harm on a person or a third person with or without the use of an offensive weapon or instrument commits an offence if they do so with the intent to have sexual intercourse with that person. It is possible to get a sentence of twenty (20) years in jail for this offence.

Domestic Violence Charges

Domestic violence occurs when people who are in a domestic relationship, such as a partner, family, or anyone with whom you currently or previously reside, engage in physical violence against one another. It is necessary for the violence to be regarded a ‘personal violence offence’ in order to be categorised as “domestic violence.”

Abuse, stalking, intimidation and common assault are examples of common types of domestic violence. Other types of domestic violence include using a carriage service to harass or threaten, or to offend or offend, strangling and choking someone, and committing a crime such as murder or sexual assault.

Our domestic violence lawyers can advise you on the penalties and defences available to you if you are charged with domestic abuse (s). We may also advise you on the most likely result of your case in a realistic scenario.

For domestic abuse, a judge can impose a term of up to two years in prison. Courts tend not to send first-time domestic violence offenders to prison, especially if they are not repeat offenders.

The punishment or penalty for domestic violence is determined by the type of domestic violence, the who, what, how, and when of the incident, your subjective case, such as your mental health, and the stage at which you plead guilty or are found guilty by the court.

Our expert domestic violence lawyers have a wealth of knowledge and can advise you on the most appropriate sentencing for your situation based on their many years of experience.

Fraud Charges

It is possible that being charged with fraud may have a disastrous impact on your life, impairing your capacity to find job and seek financial help in the future.

However, with the aid of an experienced criminal lawyer who has in-depth understanding of this difficult area of the law, you may mount the strongest possible defence against the claims against you and protect your reputation.

Fraud and dishonesty offences can emerge from a wide range of different types of behaviour. In general, fraud entails doing something to someone that is dishonest in order to get an advantage or cause a damage to the other person. When determining whether or not a person is guilty of an offence, the context in which the behaviour took place is always taken into consideration.

The following are examples of dishonesty offences:

stealing, fraud, money laundering, bribery and corruption, making false or misleading statements, dishonest use of position and corporate fraud, embezzlement, online (cyber) crime, credit card fraud, organised investment fraud (such as boiler room activities), taxation and GST fraud, and social security fraud are all examples of criminal activity that falls under this category.

Fraud charges are usually brought against those who are accused of dishonestly “using” the property of another person for their own profit. In the context of a fraud allegation, the phrase “applied” refers to the stealing or utilising of another person’s property for one’s own gain or advantage. This must have been done with the goal of deceiving and defrauding the public.

If a person commits fraud, the term “property” has a broad definition that includes not only tangible property such as money or buildings, but also everything animate or inanimate that has the potential to be the subject of ownership. This includes things like energy, credit, stocks, animals and plants.

Centrelink Fraud

Being charged with Centrelink fraud may be a traumatic experience, especially if the charges have the potential to have a significant impact on your personal financial circumstances.

The aid of our skilled lawyers, however, you may be able to quickly and simply address Centrelink concerns without the need to go to court at all.

Even if you end up in court, our skilled criminal defence lawyers can assist you in persuading the court to deal with the matter leniently through the use of a section 10 dismissal or conditional release order – in which you are found guilty of the offence but no conviction is recorded on your criminal record.

Centrelink fraud may take many various forms, including neglecting to declare your income, reporting erroneous wages, failing to notify a change in circumstances, and improperly declaring a relationship in order to get additional benefits. Every case of Centrelink fraud, on the other hand, has several characteristics in common. The material presented below is intended to provide a comprehensive overview of Centrelink offences in general.

Murder Charges

Murder is considered to be one of the most serious criminal offences in the state of New South Wales. It has a tight link to the crime of manslaughter, which is discussed below. The distinction between murder and manslaughter is that murder involves the death of another person when the accused meant to kill or severely damage the victim. Manslaughter involves the killing of another person when the accused did not plan to kill or seriously injure the victim. Unintentional manslaughter is defined as the accidental death of a person as a result of an attack in which substantial injury was not intended or anticipated.

As outlined in Section 18 of the Crimes Act 1900, murder is a capital offence. Death or grievous bodily harm to another person occurs when an act or omission of the accused is committed with reckless disregard for human life or with the intent to kill or inflict grievous bodily harm upon a person, or when an attempt is made to commit, or during, or immediately after the commission, of a crime punishable by imprisonment for life or for 25 years.

Choosing the Most Effective Criminal Defence Lawyer

They communicate frequently with you.

The relationship that you have with your lawyer is highly essential to you. A criminal lawyer who is easy to reach and who can express legal advice to you honestly and in a style that is easy to comprehend is essential if you are facing criminal charges. Your criminal lawyer should be as excellent a listener as he is a speaker, so that all of your questions and concerns may be taken into consideration and correctly addressed by the lawyer. You will have a better understanding of the law as it applies to your charges, the plea alternatives open to you, the court procedure, and any potential legal concerns that may develop throughout the court process if you communicate effectively with your lawyer throughout the process. A strong client-lawyer relationship based on confidence and trust is made possible through effective communication.

They understand what you’re going through

The criminal defence lawyer should be attentive and sympathetic to the stressful and emotional toll that the criminal charges are having on you, and should communicate this to you. The lawyer should have regard for your reputation, be concerned for your safety and well-being, and be concerned about the direction in which your case is heading. In addition, the criminal lawyer should make certain that you understand the steps that may be taken to minimise public exposure while still maintaining privacy during the legal procedure.

They are strategic

Criminal lawyers should thoroughly examine the material that supports the factual accusations of the criminal charges and offer you with candid counsel regarding your case. During the preparation of your case for trial, your lawyer should be meticulous and detailed in order to explore all conceivable defences that may be brought during the trial.

They are good on their feet

The criminal defence lawyer should be an effective public speaker who maintains dedication, tenacity, and concentration in order to obtain the best possible outcome for you in court. The representation should take a strategic approach to its work. Additionally, the defences to your accusation should be expressed and presented in a manner that is easily understood by a Judge or a jury.

That have lots of experience

A qualified criminal defence lawyer must have a great deal of experience in his or her field. It is critical for a criminal lawyer to be able to do the following tasks:

  • Assist the client with excellent legal advice;
  • defend the case with confidence and quality representation in court;
  • understand what evidence may be used and cannot be used by the prosecution at trial; and
  • Understand which defences must be made on your behalf over the course of the trial.

How Much Do Criminal Defence Lawyers Charge?

The first thing to realise is that a criminal lawyer might charge for their time in a variety of ways. Here are some examples. The following are the three most popular tactics used by criminal defence lawyers.

Hourly Rate

The hourly rate method of collecting legal costs is the most often used technique of charging legal fees. What this implies is that your lawyer will charge you on an hourly basis for the time that they spend working on your case, as stated in the title. Consider the following scenario: If a lawyer charges a $250 hourly rate and works on your case for ten hours, their fee will be $2,500.

It is common practice among most legal firms across the world to charge their clients on an hourly basis since it ensures that their clients only pay for the time spent working on their file. For the client, this is an apparent benefit, since it implies that they are only paying for the services that they are receiving.

Unfortunately, even while this approach appears to be basic to compute on paper, it may not be that straightforward in practice.

Hourly rates are a frequent technique of collecting legal costs because they establish a clear link between the amount of time spent on a case and the amount of money charged in legal fees. However, due diligence must be exercised to ensure that there are no “surprises” on the invoice, as previously explained.

Fixed Fee Arrangements

In recent years, several criminal law companies have begun to give a fixed price quote for a wide variety of matters. In this instance, your lawyer will issue a fixed quotation that will cover all of the work required to accomplish the agreed-upon result and will not be subject to change. If a lawyer has a solid understanding of how much work will be necessary on a given case and is ready to submit a price for that work, even though they know they may wind up spending more time on the case than initially anticipated, this type of agreement is most usual.

Many clients find fixed fees comfortable since they know exactly how much their legal expenses will be upfront and they don’t have to worry about receiving bills that are significantly larger than they anticipated. This is owing to the fact that lawyers are required to inform you if their fixed fee quote is likely to increase as a result of a change in circumstances.

Legal Aid

The third most prevalent technique of charging for legal costs differs significantly from the other two methods, which are hourly rates and fixed fees. In Australia, eligible candidates can apply for legal support through Legal Aid if they meet the requirements. In this arrangement, the expenses of the criminal lawyer are partially or entirely funded by the state government in which the case is being heard.

What to do now

If you have been charged with a criminal offence, talk to an Accredited Criminal Law Specialist at Law By Dan today.

Criminal Lawyers FAQ

Do I Need Criminal Lawyers?

Regardless of your charge, it’s advisable to seek help from criminal lawyers with strong experience in dealing with your relevant charges.

Although charges may seem trivial to some people, often they’re not. Having criminal lawyers who understand criminal law and the nuances of particular judicial officers cannot be understated.

Notwithstanding this, in many circumstances, a good criminal lawyer will be seeking that particular charges don’t actually get to court.

What Do I Need to Bring for My First Consultation?

If you can, any police charge documents that’s always a big help. However, if you do not have any documents, don’t stress!

Court Attendance Notice with Facts Sheet (NSW), QP9 (police summary of facts Qld) and similar documents in other states if available at time of consultation are very useful. Also contact details of any witnesses, photographs and statement of your account can help our criminal lawyers.

The Police Want Me to Talk To Them?

If you’re under investigation for any criminal or traffic offence and are invited by the Police in your state to partake in a record of interview, don’t! Many people find themselves charged with offences because of what they say. Talk to our criminal lawyers immediately if you’re under investigation.

Is it legal for me to remain silent when dealing with the police?

Yes. Individuals have the freedom to decline to answer questions from law enforcement officers. Your name, address, and date of birth are the only pieces of information you are required to disclose to the police. If the police believe you have committed a traffic violation or have been involved in an accident, they may also request that you disclose information about your driver’s licence to them.

There can be no negative inference taken from you exercising your right to remain silent. This cannot be used as proof of your guilt in the future.

It’s vital to realise that, throughout the preliminary phases of a criminal investigation, there is a substantial power imbalance between you and a police officer on your side. In the course of an investigation, when you interact with police, you do so with no awareness of what evidence they already have (which you may be unaware of) or what evidence they still need to show to their satisfaction.

When do the police have the authority to arrest me?

The police have the authority to detain a person for a variety of different reasons. If you are uncertain whether or if you have been placed under arrest, you should seek clarification from the authorities.

Whether the police have taken you into custody or requested that you accompany them to a police station, it is critical that you remember your right to remain quiet as well as your right to request to talk with a lawyer or a support person. It is necessary for the police to assist with the planning of this event.

Do I Require the Services of a Criminal Defence Lawyer? 

You must be aware of your legal rights and understand how to exercise them. If you do not utilise your legal rights, the police will not defend you from harm. You must distinguish between what you are obligated to do and what you are not. What you do or say in your encounters with the police will have a significant influence on how your case is finally resolved in court, and it may even affect whether your case is brought to court at all.

As a result, even if your situation appears to be trivial, we urge that you get early, accurate, and independent legal assistance. In the event that you are being questioned by the police, you have the right to get legal advice and have a lawyer present.