Facing criminal charges in Sydney raises questions most people have never had to consider before. How serious is this? Do I need a criminal lawyer in NSW? What happens if I’m convicted? Relax, this guide has got you covered.
The answers depend on your specific circumstances, but understanding how the criminal justice system works in NSW can help you make better decisions about your situation.
Read our successful Criminal Law Case Studies.
I’ve Been Charged With a Criminal Offence in NSW, What Happens Now?
When police charge you with an offence, you’ll typically be given a Court Attendance Notice (CAN) specifying the charge and your court date. This is usually at a Local Court in NSW, which handles the majority of criminal matters in the state.
What happens next depends on the type of offence and how you intend to plead.
For less serious (summary) offences: Your matter will be dealt with entirely in the Local Court. According to the NSW Bureau of Crime Statistics and Research, Local and Children’s Court proceedings are conducted by a magistrate with no jury. If you plead guilty, sentencing may happen on the first appearance or be adjourned for reports. If you plead not guilty, a hearing date will be set.
For more serious (indictable) offences: Some can be dealt with in the Local Court if both you and the prosecution agree. Others must go to the District Court or the Supreme Court for trial. The Local Court handles the initial stages, including bail applications and committal proceedings.
The time between being charged and your matter being finalised can range from weeks to many months, depending on complexity.
Do I Actually Need a Criminal Lawyer in NSW?
Technically, you can represent yourself in criminal proceedings. Whether you should is another question.
The consequences of a criminal conviction extend far beyond the immediate penalty. A criminal record can affect your employment, professional licences, ability to travel overseas, and eligibility for certain visas. In some cases, it can affect family law proceedings.
A criminal lawyer can help you understand:
- The actual strength of the evidence against you
- Whether there are defences available that you may not have considered
- What penalties you’re realistically facing
- Whether the charges can be negotiated or withdrawn
- How to present your case in the best possible light
For minor matters with straightforward facts, self-representation may be workable. For anything involving potential imprisonment, a criminal record that would affect your livelihood, or complex legal issues, legal representation significantly improves your chances of a good outcome.
What’s the Difference Between a Lawyer, Solicitor, and Barrister?
In Australia, “lawyer” is the general term for anyone qualified to practise law. Within that:
Solicitors handle most of the legal work, advising you, preparing your case, gathering evidence, negotiating with prosecutors, and appearing in Local Court matters.
Barristers are specialist advocates who are typically briefed by solicitors to appear in higher courts or complex trials. They focus on court appearances and legal argument rather than case preparation.
For most criminal matters dealt with in the Local Court, a solicitor handles everything. For District or Supreme Court trials, your solicitor may engage a barrister for the hearing while continuing to manage your matter overall.
What Are My Rights When Dealing With Police?
Your rights when interacting with police are largely governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), commonly known as LEPRA. Some fundamentals apply broadly.
You have the right to silence. Beyond providing your name and address (and in some circumstances, other identifying details), you’re not required to answer police questions. Under section 122 of LEPRA, a custody manager must caution an arrested individual on their right to silence upon arrival at a station. This right exists precisely because people often inadvertently harm their own case by trying to explain themselves.
You have the right to legal advice. Under Part 9 of LEPRA, if you’re under arrest or being detained for questioning, you can request to speak with a lawyer before participating in any interview. Police must facilitate this.
You have the right to know why you’re being arrested. Police must tell you the reason for your arrest.
You don’t have to consent to searches in most circumstances. However, police have various powers to search without consent in specific situations under sections 21 and 36 of LEPRA. Whether a search was lawful can be challenged later.
If police want to interview you about an alleged offence, the safest approach is always to decline to answer questions until you’ve received legal advice—even if you believe you’ve done nothing wrong.
What Does “Without Conviction” Mean?
In NSW, a court can find you guilty of an offence but choose not to record a conviction. This is governed by Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
A section 10 means:
- You’re found guilty, but no conviction is recorded
- You won’t have a criminal record for that offence
- The finding may still appear on some background checks
According to the NSW Judicial Commission’s Sentencing Bench Book, courts consider several factors when deciding whether to grant a section 10, including your character and criminal history, the nature and circumstances of the offence, and any other matters the court considers relevant.
Section 10 dismissals are never automatic. They’re more commonly granted for minor first offences, but a strong case can sometimes secure one even for more serious matters. How your case is presented to the court, what material is put before the magistrate and how, significantly affects the outcome.
Will I Go to Jail Without A Criminal Lawyer in NSW?
Imprisonment is typically reserved for serious offences or repeat offenders. Most criminal matters dealt with in the Local Court result in non-custodial sentences.
Common sentencing options under the Crimes (Sentencing Procedure) Act 1999 include:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (with or without conviction)
- Fine
- Community Correction Order (supervised or unsupervised)
- Intensive Correction Order (served in the community)
- Full-time imprisonment
The sentence you receive depends on factors including the seriousness of the offence, your criminal history, your personal circumstances, and how the matter is presented to the court.
Even where imprisonment is a real possibility, good legal representation can often achieve a non-custodial outcome—or at least a significantly reduced sentence.
What’s the Difference Between Summary and Indictable Offences?
Summary offences are less serious matters dealt with entirely in the Local Court before a magistrate (not a jury). According to the State Library of NSW, these include most traffic offences, minor assaults, offensive behaviour, and low-level drug possession.
Indictable offences are more serious. Some (called “Table 1” and “Table 2” offences) can be dealt with in the Local Court unless the prosecution or defence elects otherwise. Others must proceed to the District or Supreme Court for trial before a judge and jury.
The District Court deals with most serious criminal matters except murder, treason, and piracy, which must be heard by the Supreme Court.
The distinction affects which court hears your matter, whether you have the option of a jury trial, and the maximum penalties available.
How Long Will My Criminal Record Last?
In NSW, criminal records are governed by the Criminal Records Act 1991 (NSW). Records don’t automatically disappear after a set period, but the spent convictions scheme means some older convictions don’t have to be disclosed in most circumstances.
A conviction becomes “spent” after:
- 10 years for adult convictions (where no prison sentence of more than 6 months was imposed)
- 3 years for juvenile convictions (Children’s Court matters)
Convictions that never become spent include:
- Offences where a prison sentence of more than 6 months was imposed
- Sexual offences
- Convictions set out in the regulations
Even spent convictions must be disclosed for certain purposes under sections 15 and 16 of the Criminal Records Act, including applications for positions as judges, magistrates, police officers, teachers, and working with children checks.
The best outcome is always avoiding a conviction in the first place—which is why section 10 dismissals are so valuable.
Can I Get Bail By Using A Criminal Lawyer in NSW?
Bail is governed by the Bail Act 2013 (NSW). Whether you get bail depends on the offence and your circumstances.
For most offences, there’s a presumption in favour of bail. The prosecution must show why you shouldn’t be released.
For “show cause” offences (more serious matters listed in section 16B of the Bail Act), you must demonstrate why your detention isn’t justified before bail can be considered. These include offences punishable by life imprisonment, serious indictable offences involving sexual intercourse with a person under 16, serious personal violence offences where the accused has prior convictions, and offences involving commercial quantities of prohibited drugs.
When deciding bail, courts consider factors under section 18 of the Bail Act including risk of failing to appear at court, risk of committing further offences, risk of endangering community safety, and risk of interfering with witnesses or evidence.
If you’re refused bail, you can apply again if your circumstances change or if you have new information to present.
What Should I Do If I’m Under Investigation?
If you become aware that police are investigating you, whether through being contacted by detectives, learning a complaint has been made, or any other means, seek legal advice immediately.
Don’t:
- Contact witnesses or the complainant to “sort things out”
- Destroy or alter any documents, messages, or evidence
- Discuss the matter extensively with friends or family
- Participate in police interviews without legal advice
Do:
- Contact a criminal lawyer as soon as possible
- Preserve any evidence that supports your version of events
- Make notes about relevant events while your memory is fresh
- Follow your lawyer’s advice about engaging with police
Early legal involvement during the investigation stage can sometimes prevent charges being laid at all, or result in less serious charges being brought.
How Much Does a Criminal Lawyer Cost?
Legal fees vary significantly depending on the complexity of your matter, whether it goes to trial, and which court it’s dealt with.
Many criminal lawyers offer fixed fees for straightforward Local Court matters, giving you certainty about costs. More complex matters may be charged on an hourly basis or a staged fixed-fee arrangement.
Legal Aid NSW may be available if you meet eligibility criteria, though this depends on both your financial situation and the type of offence.
More importantly, consider what’s at stake. The cost of a criminal conviction to your employment, reputation, and future opportunities often far exceeds the cost of proper legal representation. You need the best criminal lawyer in NSW to protect your freedom.
Speak To A Criminal Lawyer in NSW
If you’re facing criminal charges or police investigation, O’Brien Criminal & Civil Solicitors can help.
Our criminal defence team handles matters across NSW, from minor summary offences to complex indictable proceedings. We’ll give you clear advice about your options and fight for the best possible outcome.
Talk to a criminal lawyer in NSW now →
📞 Call (02) 9261 4281
📧 Email
💻 Enquire online for a confidential consultation.
