Good Legal acts for people charged with criminal offences of every level of seriousness, from minor matters in the Local Court to serious indictable offences in the District Court. Our principal, Danny Lagopodis, runs Local Court hearings and District Court trials and sentence hearings.
Offences we deal with
If police contact you
You have the right to remain silent. In most cases you do not have to answer police questions, and anything you say can be used in evidence. You should give police your name and address when lawfully asked. If police want to interview you, ask to speak to a lawyer first. Call us before you attend a police station if you can.
How a criminal case runs in NSW
- Charge and bail. After a charge, police either release you with a court attendance notice, release you on bail, or refuse bail and bring you before a court. If bail is refused, we can apply for bail before a magistrate or judge.
- First court date. Most matters start in the Local Court. On the first date the prosecution usually serves the facts and you can enter a plea, or the case can be adjourned so you can get advice and see the evidence.
- The evidence. If you plead not guilty, the prosecution must serve its brief of evidence. We go through it with you, test it for weaknesses and advise you on your prospects.
- Hearing or plea. A Local Court defended hearing is decided by a magistrate. More serious (indictable) matters can go to the District Court, where a trial is usually heard by a judge and jury.
- Sentence. If you plead guilty or are found guilty, the court decides the penalty. Good preparation makes a real difference here: references, reports and evidence about your circumstances.
- Appeal. You can appeal a Local Court conviction or sentence to the District Court. Appeal time limits are short, so get advice quickly.
Bail
Bail in NSW is governed by the Bail Act 2013 (NSW). The court must refuse bail if there is an unacceptable risk that you will fail to appear, commit a serious offence, endanger someone’s safety or interfere with witnesses or evidence, and that risk cannot be managed by bail conditions. For some serious offences you must first show cause why your detention is not justified. A well-prepared application, with a realistic plan for accommodation, work and supervision, gives you the best chance of release.
Pleading guilty
If the evidence against you is strong, an early guilty plea can reduce your sentence. Before you plead, we check that the facts are accurate and fair, negotiate with the prosecution where charges or facts should be changed, and prepare material for sentence. In many cases we can argue for a result that avoids a conviction altogether. See avoiding a criminal record.
Defending the charge
If you are not guilty, we will defend the charge. That means analysing the brief, obtaining our own evidence where needed, cross-examining prosecution witnesses and putting your case to the court. We will tell you honestly what your prospects are before the hearing.
Frequently asked questions
Do I need a lawyer for a Local Court matter?
You are not required to have one, but a conviction can affect your work, travel and licence. A lawyer can often reduce the charges or the penalty, or keep a conviction off your record. Your first conference is free if you have a court date, so it costs nothing to find out where you stand.
What does it cost?
We offer fixed fees for Local Court guilty pleas and many defended hearings. See our fees. If you qualify, we can act under a grant of legal aid.
Can you help if I am in custody?
Yes. Ask a family member or friend to call us on (02) 4228 3338 and we will arrange to speak with you and prepare a bail application.
What should I bring to the first conference?
Your court attendance notice or charge sheet, any bail papers, any documents police gave you, and a list of questions. If you have a criminal or traffic record, bring that too, or tell us about it.