Criminal Lawyers
Hunter Valley, Newcastle, Central Coast
Maitland, Cessnock, Kurri Kurri, Singleton, Raymond Terrace, Newcastle, Wyong and Gosford.
We recognise that our LGBTQI+ communities can face discrimination in many forms. We respect diversity and will do our best to understand your unique situation and concerns.
What We Are Expert At
Legal Practice Areas
Criminal Law
We understand that criminal charges cause great stress for you and your family. We will work with you, and where appropriate, other specialists to get the best outcome. Whether you are in Maitland or Cessnock or the Lowe Hunter, or in Newcastle or on the Central Coast, we have developed strong relationships with psychologists, drug and alcohol treatment providers, mental health services and barristers, as well as with the NSW Police and the DPP, to ensure you get the best outcome possible.
Mental Health
If you are currently a patient in a mental health hospital, you are able to access assistance through Legal Aid’s Mental Health Advocacy Service. Your treating team will have access to their contact details.
If you believe that a mental health condition or a cognitive impairment contributed to you being charged with a crime, please contact us to discuss.
Driving Offences
Whether drink or drug driving, excessive speeding, driving without a current license or offences involving NSW Police Highway Patrol or Roads NSW, we will be able to provide you with all the information you need and the best representation possible.
Fraud & Debt
With 10 years experience working at Centrelink, Sara is well equipped to assist you if you have been charged for Centrelink fraud.
We Are Here to Assist You
We can assist with any matters you have in the Central Coast, Hunter Valley or in the Newcastle area. We can also assist with advice on Centrelink Prosecution matters if you require information about Centrelink processes or procedures.
Frequently Asked Questions
Criminal Offences
A police officer can arrest you if, for example:
- you are committing an offence
- you have, or he/she has reasonable grounds to suspect that you have, committed an offence
- you are breaching the peace
- you have breached your bail conditions
- a warrant (written authority) has been issued for your arrest
- he/she needs to serve an apprehended violence order (AVO) on you or has a warrant for your arrest so he or she can serve an application for an AVO on you
someone in your life wants to apply for a provisional (urgent) AVO against you.
It is a criminal offence to resist arrest. You may be charged with resisting arrest even if the police determine not to charge you with any other offence.
Police can search you (and your car, boat or other vehicle and possessions) if they have reasonable grounds to suspect that you are carrying:
- stolen goods or goods unlawfully obtained, for example cash from the sale of drugs
- prohibited drugs
- an item that has been, or may be, used in a serious crime, for example, tools to break into a car or house
- knives, weapons or dangerous implements or
- a laser pointer.
Police can also search you and your car if they have reasonable grounds to suspect that:
- it may have been used in connection with a serious offence
- it contains stolen goods or unlawfully obtained goods
- it contains prohibited drugs
- it contains items used for the commission of an offence
- there are circumstances ongoing in a public place or school where the car is located likely to give rise to a serious risk to public safety, or
- they suspect that someone in the car is wanted for arrest.
During periods when police are given special public disorder powers they may search you or your car if you or it are on a ‘target road or area’.
Police can request you to accompany them to the police station but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have spoken to your Solicitor.
Insist that you be allowed to contact a lawyer.
Generally you have the right to silence. The exception is if the arrest concerns a motor vehicle incident where you are required to give your name and address and specifics of the incident. If in doubt insist on speaking to a solicitor first.
Give the police your name, address and date of birth, but do not answer any other questions or sign anything other than a bail form without the advice of a Solicitor.
The police may take your fingerprints and photograph for the purpose of identification.
Following an arrest the police may detain you for 4 hours. They can then apply for an extension of a further 8 hours. After this you must be either charged or released.
Usually after arrest and charging at a police station. In some circumstances bail can be denied. If in doubt contact a Solicitor.
They can advise you of your rights; explain the alternatives; make a bail application for you; and represent you in Court.
Driving Offences
Legal aid is only available for traffic offences if there is a real possibility of a goal penalty, or there are exceptional circumstances.
If you think you may be eligible for Legal Aid you should call them for advice.
You should gather character references.
If you need a driver’s licence for work make sure you have a letter from your employer to say what will happen to your job if your licence is disqualified for a long time. If you have other reasons for needing a driver’s licence, such as child care issues or health problems, make sure you have evidence to support this.
Do not drive to court in case you lose your license. Bring your license with you as the court may require you to surrender it.
If you are unrepresented you should advise the court officer that you are unrepresented and request a copy of the police fact sheet and certificate.
If you are represented your solicitor will take care of these matters.
The Court will regard this seriously. The penalty for your first driving whilst disqualified can include gaol or a significant fine and an additional 2 years disqualification.
Once the disqualification period is over, you have to re-apply for your licence as it is not automatically reinstated.
You can appeal but should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days.
Before you go to Court
You should get legal advice as soon as you can.
It can take time to get legal aid or see a private solicitor. If you want to speak for yourself in court, it is still important to get legal advice. The court will be making decision about your future so getting legal help is a good idea.
Request an interpreter if you need one.
Ring the court where you case is to be heard and ask them to book an interpreter in your language. This can take some time to arrange so give them as much warning as possible.
Write down what happened.
This is very important. Prepare a statement in your own words of everything that occurred relating to your charge. This should include any conversations with police and witnesses. Make sure you do this while the events are fresh in your mind.
Character References
Written references about your good character can help your case in court. Character references should be from people who do not have criminal records or “bad reputations”. These references can come from neighbours, family friends, workmates or members of clubs or organisations you belong to.