- What should I do if I am charged with a criminal offence?
- If you are charged with a criminal offence, you should seek legal advice immediately — before speaking to police or attending court. Anything you say can be used as evidence. At Urban Law Group, we can advise you on your rights, the strength of the prosecution case, available defences, and the likely outcome. Early legal advice can make a significant difference to the result.
- What is the difference between a summary offence and an indictable offence?
- Summary offences are less serious matters heard in the Local Court by a magistrate, such as minor traffic offences, offensive behaviour, and low-level assault. Indictable offences are more serious matters — such as robbery, sexual assault, and serious drug offences — that are typically heard in the District Court or Supreme Court before a judge and jury. Some indictable offences can be dealt with summarily in the Local Court.
- What happens at a first court appearance?
- At your first court appearance (often called a mention), the magistrate will confirm the charges, and you or your lawyer will indicate whether you intend to plead guilty or not guilty. If you plead guilty, the matter may proceed to sentence. If you plead not guilty, the court will set a timetable for the service of the prosecution brief of evidence and list the matter for hearing.
- Am I eligible for legal aid?
- Legal Aid NSW provides legal representation for criminal matters subject to a means test (your income and assets), a merit test (the strength of your case), and a jurisdiction test (the type of matter). Generally, legal aid is available for matters where there is a risk of imprisonment. We can advise you on your eligibility and assist with a legal aid application.
- What penalties can a court impose?
- Penalties for criminal offences in NSW range from a dismissal or conditional release order (no conviction recorded) to fines, community correction orders, intensive correction orders (served in the community), and full-time imprisonment. The penalty depends on the seriousness of the offence, your criminal history, and any mitigating factors. A skilled lawyer can make submissions to the court to seek the most lenient penalty appropriate in the circumstances.
- Can I get a criminal record cleared?
- In some circumstances, a conviction can be spent (removed from your criminal record) after a crime-free period — typically 10 years for adults and 3 years for children. Some matters may also be eligible for a section 10 dismissal (no conviction recorded) at the time of sentencing. We can advise you on whether your matter is eligible for a non-conviction outcome.
