Being accused of a dishonesty offence can be a stressful and uncertain experience, particularly where you dispute the allegations or believe there has been a misunderstanding about what occurred. Dishonesty offences cover a broad range of conduct, from stealing and receiving stolen property to fraud and dealing with proceeds of crime.
The circumstances surrounding the allegation, the evidence gathered by police and your intentions at the time of the alleged conduct may all be relevant to how your matter is dealt with. Depending on the circumstances, there may also be different options available to defend the charge or resolve the matter without a conviction.
An experienced criminal lawyer can examine the allegations against you, assess the available evidence and advise you on the most appropriate approach to your case. Our expert criminal lawyers for dishonesty offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence.
You will be represented by a team of award-winning criminal lawyers with 500+ five-star Google reviews who offer fixed fees and free first consultations.
You can read our reviews here.
What to do if you are being investigated for a dishonesty offence
Seek legal advice immediately
If police contact you about a dishonesty offence, obtaining legal advice early can help you understand your position before taking any further steps. Whether you have been asked to attend a police station, arrested or informed that you are under investigation, it is important to understand your rights and the potential consequences of providing information to police.
Dishonesty offence investigations can involve a range of evidence, including CCTV footage, financial records, electronic communications, witness statements and other documentary or forensic material. Statements made during a police interview may form part of the prosecution’s case, so it is important to understand the allegations and your legal position before responding to questions or agreeing to an interview.
Practice your right to silence
If police contact you or seek to question you about a dishonesty offence, it is important to understand your legal position before responding. You may feel you need to explain your actions or clear up a misunderstanding, but providing information without first obtaining legal advice can affect how your matter is handled.
You have legal rights when dealing with police, and an experienced criminal lawyer can explain those rights and advise you on the appropriate way to respond. Obtaining legal advice before speaking with police can help ensure you understand the potential consequences of your decisions and avoid unnecessarily prejudicing your position.
Do not talk about your case with others
If you are being investigated for a dishonesty offence, it is important to be careful about who you discuss the allegations with. Conversations with friends, family members, colleagues or other people may become relevant if those individuals are later asked to provide information to police or give evidence about what you said.
You may understandably want to explain your version of events or seek support from people close to you. However, discussing the details of your case with others can create unnecessary complications, particularly if the conversation is later recalled differently or information is passed on to the police.
Answer your criminal lawyer’s questions
To properly assess a dishonesty offence matter, your criminal lawyer needs to understand the full circumstances surrounding the allegations. This includes providing accurate information about what occurred, even where certain details may seem unhelpful, uncomfortable or difficult to discuss. Your lawyer can only provide appropriate advice when they have a complete picture of the circumstances. Being open with your lawyer allows them to assess the prosecution’s case, identify potential issues with the evidence and consider the available options for defending or resolving the charge.
Gather evidence to give to your lawyer
Evidence may be important in defending a dishonesty offence charge, so it is worth preserving any material that could assist your lawyer in understanding what occurred. Providing your lawyer with all relevant information allows them to assess the evidence as a whole, identify inconsistencies or gaps in the prosecution’s case and determine what material may be useful to your defence.
Do not destroy evidence
Do not delete, destroy or alter any material that may be relevant to a dishonesty offence investigation, even if you are concerned that it may be damaging to your case. Attempting to remove or change evidence can create further legal issues and may make it more difficult for your lawyer to properly assess the circumstances.
Preserving all potentially relevant material, including documents, communications and electronic records, allows your lawyer to consider the evidence in its original form and identify anything that may support your defence.
Pleading not guiltyÂ
The way a dishonesty offence is dealt with will depend on the particular charge, the circumstances of the allegation and which court is responsible for determining the matter. Different dishonesty offences can involve different legal elements and evidentiary issues, so there is no single approach that applies to every case.
However, where you plead not guilty, there are common features to the process. Your lawyer will generally have an opportunity to review the prosecution evidence, take your instructions and identify the issues that need to be addressed. The prosecution must prove each element of the offence beyond reasonable doubt, and your lawyer can challenge the prosecution’s case by testing the evidence, cross-examining witnesses and presenting evidence or submissions where appropriate.
You can read a detailed article about pleading not guilty here.
Defences for dishonesty offencesÂ
Our criminal defence lawyers receive positive results for defending dishonesty offences. Some defences often include:
- The accused did not act dishonestly.
- The accused did not use deception.
- Not proceeds or crime.
- The accused believed they were entitled to the benefits.
- The prosecution cannot prove knowledge or intent.
- Identification, which is where your defence is that the dishonesty offence was committed by someone else.
- Honest and reasonable mistake.
- Duress.Â
- Necessity.
- Claim of right.
You can read more information about pleading not guilty here.
Pleading guilty
In brief, the ways our criminal lawyers may assist you in preparing for sentencing for a dishonesty offence include:
- Preparing detailed sentencing submissions seeking the most favourable outcome available in the circumstances, including, where appropriate, an outcome that avoids imprisonment or a conviction.
- Negotiating with police or prosecutors to resolve the matter on a less serious charge or on agreed facts that accurately reflect your conduct and the circumstances of the offence.
- Assisting with character references, apology letters and other material that may demonstrate your remorse and personal circumstances.
- Obtaining psychological or psychiatric reports where they may assist in explaining relevant factors or supporting your prospects of rehabilitation.
- Helping you address any underlying issues that may be relevant to the offending, including through appropriate counselling, treatment or support services.
An early guilty plea can be relevant to the sentence imposed, while genuine remorse, rehabilitation and steps taken to address the circumstances surrounding the offending may also be considered by the court.
Other factors that may be relevant to sentencing include:
- Prior criminal history
- Age
- Early guilty plea
- Prospects of rehabilitation
- Personal circumstances
- The nature and seriousness of the offending
- The value or extent of any loss involved
- Steps taken to make restitution or otherwise address the consequences of the offending
You can read a detailed article about pleading guilty here.
No Conviction
A guilty plea to a dishonesty offence does not necessarily mean that a conviction will be recorded. In appropriate circumstances, the court may have discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to dismiss the charge without recording a conviction or make a conditional release order without a conviction.
Whether a non-conviction outcome is available will depend on the circumstances of the offence, your prior criminal history, the seriousness of the conduct and your personal circumstances. Our criminal lawyers can assess these factors and prepare submissions addressing the matters relevant to the court’s sentencing decision.
At Australian Criminal Law Group, we regularly assist clients seeking non-conviction outcomes and work to present the strongest possible case for avoiding a recorded conviction. Obtaining legal advice early allows the available sentencing options to be identified and properly addressed before your matter is finalised.
What dishonesty offences do we defend?Â
A seasoned lawyer will be assigned to you, who will clearly explain the charges, outline your options, and represent you in court. We handle a range of dishonesty offences, including:
- Obtaining a financial advantage (Centrelink or the ATO)
- Obtaining a financial advantage by deception
- Dishonestly causing a loss (Centrelink or the ATO)
- Fraud
- Goods in custody
- Proceeds of crime
- Receiving stolen property
- Stealing (larceny)
- Stealing from a person
Experienced NSW Bail Lawyers
We understand that being arrested and refused bail can be a difficult and uncertain experience, both for the accused person and their family. If bail is refused, you may remain in custody while your dishonesty offence matter progresses through the courts, potentially affecting your employment, family responsibilities and other aspects of your life.
We provide 24/7 urgent bail assistance, including weekends and public holidays. If you or someone close to you has been arrested or refused bail in connection with a dishonesty offence, obtaining legal advice as soon as possible can help ensure the matter is addressed promptly and that any available bail options are properly considered.
To learn more about bail, read more here.Â
Free First Consultation
Selecting the appropriate criminal lawyer can greatly influence the outcome of your dishonesty offence case. That’s why Australian Criminal Law Group provides a free, confidential initial consultation with our experienced criminal defence attorneys. This meeting allows you to explain your situation, explore your legal options, and determine if we are the right team to represent you. During the consultation, we will:
- Listen to your story.
- Explain the charges and court processes.
- Discuss possible outcomes and defence strategies.
- Answer your questions transparently.
- Provide honest advice on your options and next steps.
Every session is entirely confidential and without obligation. Our aim is to help you understand your situation and equip you with the necessary information to make informed decisions about your drug offence case.
Fixed Fees Available
For many simple dishonesty offences, we provide fixed-fee representation, so you know your legal costs in advance with no hidden fees. We believe everyone deserves access to quality criminal defence, which is why our criminal lawyers in Sydney, Blacktown, and Parramatta offer fixed rates for non-complex criminal cases. Furthermore, we do not charge for short phone calls, brief emails, or photocopying.
We also offer payment plans to help clients who need more flexible options for managing legal expenses. Contact our team to see if your drug offence case qualifies for a fixed-fee arrangement.
Read more about our fixed fees here.
How to Prepare
To help your lawyer understand your circumstances and provide useful advice, it is helpful to bring as much relevant information as possible to your appointment. This may include:
- Any court attendance notices, charge sheets or documents provided by police.
- Relevant financial records, communications, photographs, CCTV, receipts or other evidence relating to the alleged dishonesty offence.
- A list of questions or concerns you would like your lawyer to address.
- A clear account of the events surrounding the allegations, including important dates and circumstances.
- Details of any previous criminal charges or matters that may be relevant to your case.
Providing your lawyer with complete and accurate information allows them to properly assess the allegations, identify potential issues and give you practical advice about the options available to you.
Book Your Free Consultation
We offer appointments in person, by phone, or via video conference from our offices in Sydney CBD, Parramatta, and Blacktown. Our lawyers represent clients throughout New South Wales.
Contact us now if you have been charged with a drug offence. Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience. You can read our reviews here.
Examples of Dishonesty OffencesÂ
Charges dismissed – Section 10
Our lawyer represented two young men charged with defrauding their employer of tens of thousands of dollars by creating fake customer accounts to obtain commissions. Our solicitor submitted that their criminal culpability was lower than most similar cases because their manager had drawn them into the scheme unwittingly, and they continued the criminal behaviour, acting under a degree of duress, in that they feared they would lose their jobs if they ceased. The Magistrate agreed with our lawyers’ submissions and dismissed the charges pursuant to section 10, meaning no conviction was recorded.
No conviction – Charges downgraded
Our lawyer represented a man charged with 11 counts of fraud, two counts of participating in a criminal group and deriving profit from one, and knowingly dealing with proceeds of crime, which has a maximum penalty of 20 years imprisonment. Our lawyer had all the offences withdrawn and a new charge of dealing with money reasonably suspected of being proceeds of crime. The deal that our lawyer got for his client was better than all the co-Accused received. At the sentence, the magistrate did not record a conviction.
Charged with the wrong offence
Our criminal defence lawyer appeared for an accused person charged with Goods in Custody of a phone. He had been charged with having the phone in his personal custody when the phone was found in his car. Our solicitor submitted to the Magistrate that the Accused person had been charged with the wrong offence, and the charge was dismissed, and our client was found not guilty.
Major Fraud and Criminal Group Charges Withdrawn
Australian Criminal Law Group represented a man charged with knowingly dealing with the proceeds of a crime (which carries a maximum penalty of 20 years’ imprisonment), 11 counts of fraud, participating in a criminal group, and deriving profit from a criminal group. Our lawyer had all the offences withdrawn and a new charge for the much less serious offence of dealing with money reasonably suspected to be proceeds of a crime. The deal that Mr Correy got for his client was better than all the co-Accused received. At the sentence, the magistrate did not record a conviction.
No knowledge of stolen property – Not found guilty
Australian Criminal Law Group represented a man accused of receiving a stolen iPhone. The police used the find my phone application to trace the phone to his house. Our client pleaded not guilty, and at the hearing, he gave evidence that the phone was sold to him by a friend who said it was their old phone, which they no longer needed. The Magistrate found it could not be proved beyond reasonable doubt that our client knew the phone was stolen and found our client not guilty.
No conviction – Section 10 due to personal circumstances
Our criminal defence lawyer represented a young woman who plead guilty to stealing more than $5,000.00 from a deposit box at a bank. Our lawyer submitted that stealing was impulsive and that the young woman had been neglected by her mother in that she had been taking her daughter’s wage to gamble for much of her working life, which affected her ability in that split moment to distinguish right from wrong. The Magistrate agreed with our lawyers submissions and dealt with the matter pursuant to section 10, meaning no conviction was recorded.