Being charged with a criminal offence can be overwhelming and confusing. If you find yourself facing criminal charges in NSW, understanding the process ahead can help you make informed decisions and know what to expect at each stage. This guide walks you through the criminal justice process in NSW, from receiving charges to resolution in court.

Understanding Criminal Charges and Court Levels

When police charge you with a criminal offence, the severity of the alleged crime determines which court will handle your matter. Most criminal and traffic matters that aren’t considered serious are dealt with in the Local Court. More serious offences move to the District Court, while the most serious crimes are handled by the Supreme Court, NSW’s highest court.

It’s worth noting that while traffic matters have their own specific processes and aren’t strictly criminal offences, they’re treated similarly within the court system.

The Charging Process: What to Expect

Initial Charges and Documentation

Following a complaint or investigation, police will make the decision to charge you with an offence. You’ll receive essential paperwork including:

• Details of the charges against you
• The facts police allege support their decision to charge you
• A Court Attendance Notice (CAN) specifying your first court date

Your First Court Appearance

On your first court date, you’ll typically need to indicate whether you intend to plead guilty or not guilty. Courts understand you may need time to obtain legal advice and will usually grant an adjournment if necessary. However, courts generally expect both accused persons and their lawyers to be prepared for scheduled appearances.

Pleading Guilty: The Process and Considerations

When You Plead Guilty

Pleading guilty means you’re admitting to the alleged facts and acknowledging you committed the offence. With proper legal preparation, you can often resolve your matter on the first court date by entering a guilty plea.

Your lawyer will then make submissions to the Magistrate about what penalty you should receive. This may include:

• Explaining how a conviction might impact your personal or professional life
• Providing character references
• Presenting other relevant material for consideration
• Explaining the circumstances surrounding the offence

The goal is ensuring the penalty fits the nature of the crime and your individual circumstances.

Pleading Not Guilty: Contested Hearings

The Trial Process

If you plead not guilty, your matter proceeds to a contested hearing. This resembles court cases you might see on television, where:

• Police present witnesses to support their case against you
• You may present your own witnesses or cross-examine police witnesses
• You’ll likely be examined or cross-examined in the witness box
• The Magistrate (or Judge and/or jury in higher courts) considers all evidence before deciding guilty or not guilty

Possible Outcomes

If found not guilty, you receive no penalty. However, if found guilty after pleading not guilty, the same penalty process applies as with a guilty plea, where your lawyer makes submissions about appropriate sentencing.

Timing and Its Impact on Your Case

Early Plea Discounts

Timing plays a crucial role in criminal matters. Pleading guilty early entitles you to a discount on any penalty the court imposes. This recognition of your early acceptance of responsibility can significantly impact your sentence.

Expedited Matters

Certain types of cases, such as domestic violence matters, receive priority treatment and are expedited through the court system.

Understanding Potential Penalties

The range of penalties available to courts is extensive and depends on several factors:

• The specific offence you’re charged with
• Circumstances surrounding the offence
• Your criminal history (if any)

Generally, first-time offenders with no criminal record can expect more lenient penalties compared to those with extensive criminal histories.

Getting Professional Legal Support

Criminal charges can have serious consequences for your future, employment, and personal life. Having experienced legal representation ensures your rights are protected throughout the process and that the court receives all relevant information when determining any penalty.

Whether you’re considering pleading guilty or not guilty, obtaining early legal advice allows you to understand your options and prepare the strongest possible case for your circumstances.

Ready to discuss your criminal law matter? Don’t navigate the legal system alone. Contact Complete Legal today to speak with one of our experienced criminal law solicitors who can guide you through the process and protect your interests every step of the way.