Common legal questions answered.

• The Police have asked for me to participate in an interview. What do I do?

  Seek immediate legal advice! Call Inner West Criminal Lawyers on 02 7262 6749. It important that you understand your rights and have the opportunity to discuss the matter with an expert criminal lawyer.

  You should exercise your right to silence and refuse any interviews until you speak to your lawyer. Police will try and talk you into an interview or to making concessions so that they can prove the charges against you. If the Police are minded to charge you it is very unlikely that you will be able to talk your way out of it and will likely do irreparable damage to your criminal defence.

  Police can rely not only on a formal interview but anything you tell them at any time. Nothing is off the record. Keep your mouth shut and talk to a lawyer.

• Can I avoid a criminal record?

  We understand the devastating effect a criminal record can have on your life, including employment, good character tests and travel. We specialise in giving our clients the best chance of avoiding a criminal record.

  If you are found not guilty, you will not have a criminal record.

  If you are found guilty or plead guilty, the presiding judge will decide whether to record a conviction. This can occur either:

  • At law, where the judge imposes a non-conviction
  • Under a section 14 diversion pursuant to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

  On sentence, after hearing submissions from your lawyer, the court may impose a non-conviction either with or without a good behaviour bond.

  To receive a section 14 diversion, the court must find:

  • That the accused has a mental health or cognitive impairment
  • That it is in the interests of the community for the accused to be diverted into medical care

  These applications are available in the Local Court and depend on factors including:

  • The nature of the mental health or cognitive impairment
  • The seriousness and circumstances of the offence
  • Available sentencing options
  • Changes in circumstances since the offence
  • Criminal history
  • Previous mental health orders
  • Whether a treatment plan exists
  • Risk to personal or community safety

  If successful, you are typically discharged into medical care under an appropriate treatment plan.

  Contact us to discuss how to best avoid a conviction.

• Do I need to put up a lot of money to get bail?

  In American television, “bail” often refers to large sums of money paid to secure release. In Australia, that is known as “surety”.

  Bail simply means a decision by police or the court to release you into the community while your matter is ongoing. If refused bail, you remain in custody until your matter concludes or bail is granted.

  Bail may be unconditional or conditional. Conditions are designed to address perceived risks, including:

  • Flight risk
  • Further offending
  • Risk to the community or victims

  In some cases, a surety may be required, but this is uncommon. Most people are released without depositing money.

• What do I wear to court?

  Many people worry about what to wear to court.

  You should look respectful and comfortable.

  A good guide is to dress as you would for a job interview. It does not need to be a full suit, but neat, conservative clothing is appropriate.

  Presenting yourself respectfully shows the court you are taking the matter seriously. However, you should not dress in a way that feels unnatural or uncomfortable.

• Am I going to prison?

  Imprisonment is the most serious sentence and is considered a last resort. Before imposing imprisonment, the court must consider all other sentencing options.

  When sentencing, a judge considers:

  • Punishment
  • Deterrence
  • Rehabilitation
  • Protection of the community

  Prison is typically imposed only for serious offences, lengthy criminal histories, or where the person poses a danger to the community.

  Contact us to discuss your prospects.

• I cannot make it to court. What do I do?

  Whether you must attend court depends on the seriousness of the charges and the nature of the court date.

  If you are on bail, attendance is required unless excused.

  Your lawyer may seek to have you excused if appropriate, depending on your circumstances and the type of court date.

  If you fail to attend without being excused, the court may issue a warrant for your arrest or deal with the matter in your absence.

• Do I have to speak in court?

  If you engage a lawyer, you will not need to speak during administrative mentions.

  If you plead not guilty and proceed to hearing, you must decide whether to give evidence. This involves answering questions from both your lawyer and the prosecutor. You are not obliged to give evidence, but this decision should be made with legal advice.

  If you plead guilty, you will usually prepare a letter of apology outlining the offence, your circumstances at the time, and your remorse.

  In the Local Court this is often sufficient. In the District Court, oral evidence is more commonly required.

• I am not happy with my previous court result. Can I appeal?

  Yes. We regularly assist clients in appealing court outcomes, whether overturning findings of guilt or achieving improved sentencing outcomes.

  Contact us to discuss your appeal options.

• When do I need to get a lawyer?

  We recommend obtaining legal representation as early as possible.

  It is often beneficial to have a lawyer before you are charged, particularly when dealing with police interviews.

  Many people make critical mistakes when speaking to police, which later form the basis of convictions.

  A lawyer protects your rights and assists with bail applications to avoid unnecessary time in custody.

  Communication with your lawyer is confidential and protected by legal professional privilege.

  We are in your corner.

• Do you conduct prison visits?

  Yes. We regularly conduct conferences with inmates across the state via video conference and in person.

  If you have a loved one in custody, contact us with their:

  • Name
  • Date of birth
  • MIN number

  We will arrange contact.