Criminal Law Frequently Asked Questions
What Is Criminal Law?
Criminal Law is an area of law which involves action being taken by the State or Commonwealth against an individual for an act or omission, which has violated a public law which forbids such behaviour.
What happens if I have been charged with a criminal act?
Your first point of contact with this area of law will be with the Police who will formally bring the charges against you, by way of a Court Attendance Notice or you will be formally arrest and brought before the Court for a bail application and be made aware of the charges you face.
Will I have to go to court?
After receiving a court attendance notice, you will then appear at first instance before a Local Court where you will be prosecuted by a Police Prosecutor -for a less serious offence or your matter will be transferred to the District Court or the Supreme Court,for a more serious offence, where you will be prosecuted by the Department of Public Prosecution.
Will I be charged & have to go to jail?
To be found guilty of an offence the Prosecution must prove ‘beyond reasonable doubt’ every fact necessary to constitute the offence. If they cannot prove this you will be found not guilty by a Court of Law. Within in Australia a person is deemed innocent until proven guilty, this is the purpose of being brought before the Court when you are prosecuted.
Do I need a lawyer ?
It is extremely important that when you become aware that you will be facing criminal charges or that there is a criminal investigation into your conduct that you contact a legal representative to ensure that your rights are protected from the earliest stages of any criminal proceedings.
One our our legal team will be happy to assist you as quickly as possible at either our Penrith office if you live in the Hawkesbury Blue Mountains or Penrith region -or our Wolloongong office if you are in the Illawarra and Wollongong regions. Call 1800 647 023 or fill in the Appointment booking form.