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Criminal Process/ Criminal Procedure
Criminal Procedure
Insights and More Information
Our Lawyers Frequently Appear At The State Parole Authority To Argue For Prisoners To Be Paroled As Soon As They Are Eligible To Be Released.
we provide dedicated and compassionate representation for clients who are eligible for legal aid
How We Can Help
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm meaning that we provide legal advice on both criminal and civil law. After the completion of your criminal case, we can continue to represent you in your civil matter (if one exists). We have represented many clients in their criminal matters and then proceeded to assist them in making a civil claim against the police for unlawful arrest and false imprisonment, or suing a publisher for defamation.
Your first consultation with one of our criminal lawyers is free. This is your opportunity to speak to us about your case and for us to discuss with you what your options are. If you choose to proceed with our services we will provide you with a cost agreement that sets out your legal fees. O’Brien Criminal and Civil Solicitors provides cost-effective and professional legal advice compared with other law firms. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees and we can discuss the possibility of accommodating your circumstances.
Our criminal lawyers have handled cases in courts across NSW at Local Courts, District Courts and the NSW Court of Criminal Appeal. They have a wealth of experience in assisting clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice. To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.
O’Brien Criminal and Civil Solicitors utilises a trauma-informed lawyering approach when interacting with our clients. We understand that you have dealt with traumatic events and that engaging with authorities and courts is a stressful experience that might re-traumatise you. For this reason we are sensitive to your mental and emotional needs and will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.
FAQ: Why you need a criminal defence lawyer
You probably say to yourself, maybe I can represent myself. It’s cheaper! You’ve watched courtroom dramas on TV…surely you’ve learned something about being a lawyer from that.
But is it cheaper in the long run? What price do you put on your freedom if you fail? What if you don’t get bail and you’re on remand (in jail until your matter finalises)? It’s going to be hard to access the resources and services you need from a jail cell.
A criminal defence lawyer may not necessarily cost you a cent. We can assist those who qualify in applying for legal aid. Legal Aid is a Government program that funds all or part of your defence.
Did you know that was even possible? In some cases, the court can award ‘costs’ to the accused. This can happen if the prosecution case is especially weak or there are elements of malice or unlawfulness in their investigation or prosecution. ‘Costs’ means that the Police will have to reimburse you for the money you spent on a lawyer.
Should you plead guilty? Or not guilty?
You can then claim extenuating circumstances, show remorse or hope that previous good behaviour will mitigate your sentence. You then might also get a discount on any sentence you recieve.
Perhaps not guilty is the best plea, and you can put the prosecution to the test. They’re the ones that have to prove you’re guilty.
An experienced criminal defence lawyer will explain your plea options and make sure that you get the best outcome. A good plea can result in an lighter sentence or even no conviction at all.
Will you know what steps in the process will need action by you, or even your presence? Lawyers know how to file court documents and handle the court procedures. If you’re not a lawyer, you may not have a handle on the timing and methodology for meeting the court’s requirements. If you get it wrong, that one bungled clerical step could cost you a lot. Both monetarily and in your likely outcome.
