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.

First Court Appearance in NSW: What to Expect and How to Prepare

Facing your first court appearance can be stressful, particularly if you have never been involved with the criminal justice system before. You may be unsure about where to go, what to bring, what you will be asked, or whether your case will be decided on the day.

Understanding what happens at your first court appearance in NSW can help you prepare and avoid making decisions that may affect the outcome of your case.

What Is a First Court Appearance?

After you are charged with a criminal or traffic offence, you will usually receive a Court Attendance Notice (CAN) stating the court, date and time you are required to attend.

For many criminal matters in NSW, the first appearance takes place in the Local Court and is commonly referred to as the first mention.

Your matter will generally not proceed to a full hearing or trial on this date. However, important decisions can still be made about your plea, bail, legal representation and how the case will progress.

What Happens at Your First Court Date?

When your matter is called, the Magistrate may want to know whether:

You have a lawyer representing you
You intend to plead guilty or not guilty
You require additional time to obtain legal advice
Police evidence has been provided
There are any bail issues that need to be addressed

Depending on the circumstances, your matter may be dealt with that day or adjourned to another date.

Should You Plead Guilty or Not Guilty?

One of the most important decisions in a criminal case is how you plead.

A guilty plea means you accept responsibility for the offence and the matter may proceed towards sentencing.

A not guilty plea means the prosecution will be required to prove the charge against you. The matter may then be adjourned so that evidence can be served and the case can progress towards a defended hearing or other court proceedings.

You should understand the evidence against you, the elements of the offence and the potential consequences before entering a plea.

What Should You Bring to Court?

You should bring any documents relating to your matter, including:

Your Court Attendance Notice
Police Facts Sheet
Bail documents
Any correspondence received from police or the court
Relevant identification
Any other documents your lawyer has requested

If you have already engaged a criminal lawyer, they can advise you about any additional material that may be required.

What If You Need More Time?

You may be able to ask the court for an adjournment if you need additional time to obtain legal advice or prepare your case.

It is generally better to properly understand your legal position than to make a rushed decision simply because you are appearing in court for the first time.

What If You Don’t Attend Court?

Do not simply ignore your court date.

Depending on the circumstances and the type of matter, failing to attend court may result in the matter being dealt with in your absence or other consequences, including the possibility of a warrant being issued.

If you cannot attend your scheduled court date, obtain legal advice as early as possible.

Do You Need a Lawyer for Your First Court Appearance?

Having an experienced criminal lawyer involved from the beginning can help you understand the allegations, review the police material and determine the most appropriate strategy.

A lawyer can also appear on your behalf where permitted, communicate with the prosecution and make submissions to the court.

The decisions made at the beginning of a criminal matter can influence how the case progresses.

Facing Court in NSW?

If you have been charged with a criminal or traffic offence and have an upcoming court date, getting legal advice early can help you understand your options and prepare appropriately.

Krayem & Co Lawyers regularly represents clients in criminal and traffic matters throughout NSW.

Call (02) 8528 2943 to speak with our team and arrange a consultation.

This article provides general information only and should not be relied upon as legal advice. Legal outcomes depend on the individual circumstances of each case.