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.

Criminal Record Explained: What a Criminal Conviction Can Mean in NSW

One of the biggest concerns people have after being charged with an offence is:

“Will I get a criminal record?”

A criminal record can potentially affect employment, professional opportunities, travel and other areas of your life. However, being charged with an offence does not automatically mean you will receive a criminal conviction.

Here is what you should understand about criminal records in NSW.

What Is a Criminal Record?

A criminal record generally contains information about criminal offences and court outcomes recorded against an individual.

The consequences of a court matter depend on several factors, including the offence, the plea or verdict and the orders ultimately made by the court.

Does Being Charged Mean You Have a Criminal Conviction?

No.

Being charged with an offence and being convicted of an offence are different things.

A criminal charge is an allegation made against you. You remain presumed innocent unless you plead guilty or are found guilty.

Even where a person is found guilty, the precise court outcome will determine whether a conviction is recorded.

Can You Be Found Guilty Without a Conviction Being Recorded?

In some circumstances, yes.

NSW courts have sentencing options that can allow an offence to be dealt with without recording a conviction.

One commonly discussed outcome is a section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 (NSW).

Depending on the circumstances, the court may also have other sentencing options available.

Whether a non-conviction outcome is available or appropriate will depend on factors such as the seriousness of the offence, the circumstances surrounding it, the person’s character and criminal history, and other matters considered by the court.

There is never a guarantee that a court will deal with an offence without conviction.

Can a Criminal Record Affect Employment?

Potentially.

Some employers require applicants to undergo criminal history checks, particularly for positions involving responsibility, security, children, vulnerable people or regulated industries.

The impact of a conviction will depend on the offence, the type of employment and the requirements applying to the particular role.

For some professions and licence holders, separate disclosure obligations may also apply.

Can a Criminal Record Affect Travel?

A conviction may affect international travel depending on the country you intend to visit, the nature of the offence and that country’s immigration requirements.

Different countries have different visa and entry rules.

If you have a criminal history and intend to travel overseas, you should check the current requirements of the relevant country before making travel arrangements.

Do Criminal Records Last Forever?

Not necessarily.

NSW has legislation dealing with spent convictions. Certain convictions may become spent after the applicable crime-free period if eligibility requirements are satisfied.

However, not every conviction is capable of becoming spent, and exceptions can apply where disclosure is still required.

The rules can depend on the offence, sentence and circumstances of the individual.

What Is a National Police Check?

A Nationally Coordinated Criminal History Check, often referred to generally as a police check, may disclose certain police and court information subject to applicable legislation and disclosure rules.

Exactly what appears can depend on the purpose of the check, applicable spent-conviction legislation and other legal requirements.

A criminal record and what appears on a particular police check are therefore not always exactly the same thing.

Why Avoiding a Conviction Can Matter

For some people, avoiding a criminal conviction can be one of the most important objectives when facing a criminal charge.

A conviction may potentially affect:

Current or future employment
Professional licences
Working with children or vulnerable people
Visa and immigration matters
Overseas travel
Reputation and future opportunities

However, whether a conviction can be avoided depends entirely on the offence and circumstances of the case.

Charged With an Offence in NSW?

If you are concerned about whether a criminal charge could result in a conviction or criminal record, obtain advice before making important decisions about your case.

An experienced criminal lawyer can explain the possible outcomes and identify the strategy most appropriate to your circumstances.

Krayem & Co Lawyers represents clients facing criminal and traffic charges 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. The consequences of a criminal charge or conviction depend on the individual circumstances of each case.