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.

How Bail Works in NSW: A Guide to Bail Applications and Conditions

If you have been arrested or charged with a criminal offence, one of the first questions you may have is whether you will be allowed to return home while your case is before the courts.

This is where bail becomes important.

Bail allows an accused person to remain in the community while their criminal matter is being dealt with, subject to any conditions imposed by police or the court.

What Is Bail?

Bail is the authority for a person charged with an offence to remain at liberty rather than being held in custody while waiting for their case to be finalised.

Being granted bail does not mean that the charge has been dismissed or that the person has been found not guilty.

The criminal proceedings continue, and the accused must attend court and comply with any conditions attached to their bail.

Who Decides Whether You Get Bail?

After an arrest, police may decide whether to release you.

If police grant bail, you may be released with or without conditions.

If police refuse bail, you will generally remain in custody until you can be brought before a court, where a Magistrate can consider a bail application.

How Does the Court Decide Bail?

Bail decisions in NSW are governed by the Bail Act 2013 (NSW).

Depending on the alleged offence and circumstances, the court may need to consider whether a person is required to show cause as to why their detention is not justified.

The court also considers whether there are unacceptable risks associated with releasing the accused.

These may include risks that the accused could:

Fail to attend future court proceedings
Commit a serious offence
Endanger the safety of another person or the community
Interfere with witnesses or evidence

The assessment depends on the circumstances of the individual case.

What Are Bail Conditions?

If the court identifies concerns that can be appropriately managed, bail conditions may be imposed.

Common bail conditions can include:

Reporting to a police station
Living at a specified address
Not contacting certain people
Staying away from particular locations
Surrendering a passport
Complying with a curfew
Providing security or having another person provide security

The conditions imposed will depend on the allegations and the risks identified in the case.

What Is a Show Cause Bail Application?

Certain offences are classified as show cause offences.

In these matters, the accused must first satisfy the court as to why their continued detention is not justified.

If the show cause requirement is satisfied, the court then considers the remaining bail assessment.

Because these applications can involve additional legal issues, preparation can be particularly important.

What Happens If Bail Is Refused?

If bail is refused, the accused may remain in custody on remand while the criminal proceedings continue.

There can also be restrictions on making repeated bail applications without demonstrating relevant grounds or a change in circumstances.

For this reason, it is important that a bail application is properly prepared from the outset.

What Happens If You Breach Bail?

Bail conditions are court or police-imposed obligations and should be taken seriously.

A suspected breach may result in police taking action, including arrest in some circumstances. It can also affect whether you remain on bail.

If you believe you cannot comply with an existing condition, obtain legal advice about applying to have the condition varied rather than simply breaching it.

How Can a Criminal Lawyer Help With Bail?

A criminal lawyer can assess the allegations, identify potential bail concerns and prepare submissions addressing the risks raised by police or the prosecution.

Depending on the case, this may involve preparing evidence relating to accommodation, employment, family support, rehabilitation or other circumstances relevant to the application.

Need Help With a Bail Application in NSW?

Bail can determine whether you remain in the community or in custody while your criminal matter progresses.

If you or someone you know has been refused bail or is facing a bail application, obtaining legal advice quickly is important.

Krayem & Co Lawyers represents clients in bail applications and criminal matters throughout NSW.

Call (02) 8528 2943 to speak with our criminal defence team.

This article provides general information only and should not be relied upon as legal advice. Every bail application depends on its individual circumstances.