What do I do if I am charged with a crime?

There are steps you can take to minimise the impact of the claims against you and help build a solid defence against allegations to maximise your chances of being found not guilty or obtaining a lenient sentence if you choose to plead guilty.  These are outlined below.

Understand the gravity of being accused of a criminal offence

If you are accused of a criminal offence, take the matter seriously.  Do not minimise or be in denial of the situation you are in. Many believe that if they are innocent, then they have nothing to worry about.  Nothing could be further from the truth. That is why you need to be represented by an experienced criminal Defence lawyer in Sydney who can provide you with the best defence possible.

Seek legal advice immediately

The earlier you speak with an experienced criminal defence lawyer in Sydney, the better your chance is successfully defending the charges or obtaining a lenient sentence. The law is complex, and navigating the criminal justice system can be tricky. Your expert criminal defence lawyer can guide you through the legal process and help you make the right decisions.

Practice your right to silence

If you have been accused of a criminal offence, you must watch what you say and do. The best thing you can do is not say anything at all.  Whatever you say or do can and will be used against you.  Police will be attempting to gather as much information as possible to prove your guilt.  Police often use questionable and dishonest tactics to get evidence against the accused.  Don’t get caught out by saying the wrong thing. Let your criminal defence lawyer be your voice.

Put your version on paper early

As soon as you can, write a detailed version of events in response to the allegations against you. You should include any information that could be pertinent to your case, including details about your relationship with the alleged victim and the timeline leading up to the alleged crime. Ensure you write at the top of the page: “instructions to a lawyer”. This will cause the document to become legally ‘privileged’ and make it inadmissible against you if police obtain a copy, for example, where a search warrant is executed at your home or your phone/computers are seized some other way.

Gather evidence to give to your lawyer

Gather as much evidence as possible to support your defence and undermine your accuser’s claims. Potential evidence includes things like text messages, social media messages, emails, clothing, videos and photographs,  phone data, bank records, receipts, and GPS data.

Do not destroy evidence

Do not destroy evidence that you believe could harm your defence. It is better that your criminal defence lawyer is prepared and fully knows your case.  You may even destroy evidence that could have been used to help build your defence. Your criminal defence lawyer has the experience to determine what evidence can be used to build the right defence strategy for you. 

Create a witness contact list

You will need to compile a witness list for your criminal defence lawyer. This list should include anyone who can testify about what happened during the alleged event. Include the person’s name, address, phone number, and brief details about your relationship with them and what they can testify to in court.

Consider the motive of your accuser

There are many reasons why someone would lie about a criminal offence. Some of the reasons or motives that our criminal defence lawyers have encountered include:

• To avoid being charged with a criminal offence themselves.
• To obtain a financial advantage e.g., via settlement out of court or access to funds for victims.
• To gain an advantage in family court in a child custody matter.
• To obtain a visa to allow a person to remain in Australia.
• To avoid the consequences of cheating on a partner or spouse.
• A form of revenge and/or to cause harm to a partner or ex-partner.
• Mental illness or personality disorders.

Do not speak to your accuser

You might be tempted to contact your accuser. It’s natural to want to respond to the claims or understand why they are accusing you. Don’t do this. Anything you say can be used against you. Police frequently use the tactic of having an accuser contact you on the telephone. If contacted by an accuser, chances are the person is at a police station making the call, and the conversation is being recorded as evidence against you.

Do not talk about your case with others

Any person to whom you provide your version of events, other than your criminal defence lawyer, can be subpoenaed by the police to give evidence against you in court. When you speak to your criminal defence lawyer, the conversation is covered by legal privilege. This means your lawyer cannot be forced to tell the police or a court what you have told them.

If you are pleading guilty, start preparing your sentence early

Obtain references

Whatever you are being sentenced for, references are an extremely important part of a plea of guilty in Court. They are generally tendered without question and almost always affect the severity of the penalty. References present an opportunity to impress upon the court that you are a person of good character despite the offence.

Obtain treatment

If mental health, or drugs or alcohol, were a factor in your offending, then it is important to commence treatment with a medical professional as soon as possible. This includes psychiatrists, psychologists, and counsellors. Doing so will allow your criminal defence lawyer to obtain treatment letters and reports that can lead to the court extending significant leniency to you.

Do courses and other programs

The court will give weight to courses or other programs that you complete. This includes:

• Residential rehabilitation.
• Alcoholics/Narcotics Anonymous.
• Anger management.
• Domestic violence courses.
• Smart Recovery.
• Positive Lifestyles.
• Traffic Offenders Program.

Get your life back on track

If the offending occurred in a difficult period of your life, then positive changes that you make between the offending and the finalisation of your case are important to your sentence. For example, if you were unemployed at the time of the offending, coming to court with a job will help you get a good result.

About our Criminal defence lawyers in Sydney

Australian Criminal Law Group are award-winning criminal defence lawyers in Sydney with 500+ 5 star reviews on Google.

Our team of criminal defence lawyers in Sydney have between 5 and 25 years experience, meaning you will be represented by a senior criminal lawyer.

Our criminal defence lawyers in Sydney appear for clients charged with all criminal and traffic matters from murders to major drug supplies and importations, fraud, and serious sexual offences, as well as, appear daily in smaller cases.  Such cases include domestic violence, driving offences and drug possession.

COURTS OUR CRIMINAL defence LAWYERS ATTEND

Our criminal lawyers appear in courts across Sydney, NSW, and the rest of Australia. 

For the full list of NSW courts that we attend, visit here.

Free first consultation with a criminal defence lawyer

Our criminal defence lawyers in Sydney offer free first consultations. All first free consultations are obligation-free and conducted with the strictest confidentiality.

Fixed-fee services along with your free first consult

We offer fixed-fee services at affordable rates for non-complex cases.

Contact a criminal defence lawyer in Sydney now

Make a website enquiry here or call our free 24/7 hotline on (02) 8815 8167.

Where are our criminal defence lawyers in Sydney located

Australian Criminal Law Group has offices in Sydney, CBD, Parramatta, and Blacktown. Our Sydney CBD office is located at level 1/299 Elizabeth St, Sydney.