Have you recently been charged with a criminal offence, or believe you may be?
We understand that facing the criminal justice system can be overwhelming, especially if it's your first time in trouble with the law. The process can be complex and daunting, but you don’t have to face it alone. At ED Legal, we’re here to guide you every step of the way.
It’s crucial to have a skilled legal professional by your side, as criminal law matters can carry serious consequences that may impact various aspects of your life for years to come. Our team at ED Legal brings experience, expertise, and a client-focused approach to ensure you are informed, supported, and represented at every stage.
We are committed to ensuring your matter is resolved in the most appropriate and effective manner based on your individual circumstances.
Criminal law proceedings are often initiated by the NSW Police or the Australian Federal Police. These matters typically commence either through a Future Court Attendance Notice (FCAN) or via a formal charging process, where police exercise their legal authority to place an individual under arrest.
If you are arrested, it is essential that you immediately seek legal advice. Contacting a lawyer without delay ensures you receive the specialist guidance and representation necessary to protect your rights from the outset. Upon completion of the charging process, police will determine whether to:
Release you from custody without bail conditions,
Release you with bail conditions, or
Refuse bail.
If you are refused bail by police, your matter will be brought before a Local Court Magistrate as soon as reasonably practicable. The Magistrate will then make an independent determination regarding your bail, based on the circumstances of your case.
Summary offences are generally considered less serious than table offences and indictable offences and are typically finalised within the Local Court jurisdiction. Common examples include:
Drug possession
Driving under the influence of drugs or alcohol
Driving while unlicensed
These matters are often dealt with promptly. When charged with a summary offence, the Court will require you to enter a plea of guilty or not guilty. It is essential to seek legal advice before entering a plea, as a lawyer can appropriately guide you through the process and ensure your rights are protected.Even though summary matters can be resolved quickly, it remains crucial that your lawyer fully understands your instructions. This allows them to engage in meaningful negotiations with the prosecution, particularly where you may dispute certain elements of the charges or the police facts sheet.
Table offences are classified into two categories: Table 1 and Table 2 offences. Table 2 offences are generally less serious and are typically dealt with in the Local Court, unless the prosecutor elects to have the matter heard in a higher court. Table 1 offences are usually more serious. While they can also be dealt with in the Local Court, either the prosecutor or the defendant may elect to have the matter heard in a higher court, such as the District Court.
Indictable offences are criminal offences that may be prosecuted on indictment. While some indictable offences can be finalised within the Local Court jurisdiction, others, particularly the more serious ones, may be dealt with in a higher court. Less serious indictable offences, such as common assault or larceny, can often be heard in the Local Court. Strictly indictable offences, some examples of which are robbery and murder, are more serious in nature and must be finalised in the District or Supreme Court. These matters, along with some Table offences, are subject to a different legal process to summary proceedings. They are governed by the Early Appropriate Guilty Plea (EAGP) scheme, which aims to promote the early resolution of serious criminal matters and involves four key stages during the Local Court phase:
Brief Service
Charge Certification
Case Conference
Committal
At ED Legal, we welcome the opportunity to assist you through this complex and significant process, particularly given the serious implications each stage may have on your case. Once the matter progresses beyond the Committal stage, it will likely proceed to sentencing or trial in a higher court. At this point, it is critical that you have experienced legal representation to ensure your rights are protected and your case is effectively presented.
