What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

What Is a Section 10 in NSW?

If you have been charged with an offence in NSW, you may have heard someone say they received a “Section 10.”

The term is commonly used to describe an outcome where a person can avoid having a conviction recorded despite the court finding the offence proven.

However, the law surrounding what people commonly call a Section 10 has changed, so it is important to understand what the term means today.

Does Section 10 Still Exist?

The phrase “Section 10” remains commonly used by lawyers, defendants and members of the public.

However, following changes to NSW sentencing legislation, non-conviction sentencing options are now dealt with through the current provisions of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Depending on the circumstances, a court may deal with an offence without recording a conviction, including by dismissing the charge or imposing a conditional release order without conviction.

What Is a Conditional Release Order Without Conviction?

A Conditional Release Order, often called a CRO, allows a court to impose conditions requiring a person to remain offence-free for a specified period and potentially comply with additional conditions.

In appropriate cases, a CRO may be made without recording a conviction.

The conditions and duration will depend on the particular case.

What Does the Court Consider?

Whether a non-conviction outcome is appropriate depends on the individual circumstances.

The court may consider matters such as:

the seriousness and circumstances of the offence;
your character and background;
your criminal history;
whether you have shown remorse;
your prospects of rehabilitation; and
other relevant personal circumstances.

No particular outcome is guaranteed simply because someone has no previous criminal record.

Why Does Avoiding a Conviction Matter?

A criminal conviction can potentially affect areas of a person’s life beyond the immediate court penalty.

Depending on the offence and the person’s circumstances, consequences can arise in relation to employment, professional requirements, travel and other matters.

For some offences, there may also be licence or other statutory consequences that require separate consideration.

Can a Criminal Lawyer Help You Get a Section 10?

A criminal lawyer can assess whether seeking a non-conviction outcome is realistic and help prepare material and submissions addressing the factors relevant to sentencing.

This can include presenting evidence about your character, personal circumstances, rehabilitation and other matters relevant to the court’s decision.

Speak to Krayem & Co Lawyers

If you have been charged with an offence and want to understand whether you may be able to avoid a conviction, contact KRayem & Co Lawyers for advice about your charges, sentencing options and the best way to prepare your case.