Criminal Law & Traffic Matters

Being charged with a serious traffic or criminal offence can be an overwhelming and frightening time. While the Local Court is the lowest court in New South Wales, this does not mean that the matters heard there do not have serious consequences for those involved. The Local Court has jurisdiction to hear a wide range of offences, and the penalties can have a real impact on the lives of the person convicted, and their loved ones. Expert representation is essential to ensure that you receive the best possible outcome. In some cases, it may even be possible for your solicitor to negotiate a plea bargain with the prosecutor to have the charges reduced or dropped.

Traffic Offences

Traffic offences can include charges for speeding, failing to give way, running a red light, and driving under the influence of drugs or alcohol. It is important for anyone facing traffic-related charges to seek the assistance of an experienced solicitor to help navigate the legal process.

When representing clients in traffic-related cases, we thoroughly review the facts of the case and consider all possible defences. This may include arguing that the evidence against the defendant is weak or unreliable, or that there were mitigating circumstances that led to the offence, such as a medical emergency. We work closely with our clients to understand their situation so we can develop a strong legal strategy.

One of the most important things to understand about traffic-related charges in the Local Court is that the penalties for these offences can be severe. In some cases, individuals may be facing fines of several thousands of dollars, as well as a period of licence suspension or disqualification. In more serious cases, such as those involving driving under the influence of drugs or alcohol, the penalties can include imprisonment.

Criminal Offences

In addition to traffic matters, we can assist with a range of other offences including theft, assault, sexual assault, drug offences, public order offences, apprehended violence orders (AVOs) and breaches of AVOs.

Like traffic-related offences, being convicted of these charges can have serious consequences, including fines and imprisonment. It is therefore important to seek the assistance of a qualified solicitor as soon as possible.

What Happens in Court?

The potential outcome of your Court case can be greatly improved by obtaining advice and representation from a solicitor experienced in criminal law. At the hearing, you will be asked to enter a plea of guilty or not guilty. We will prepare you for Court and guide you on the best course of action based on the circumstances of your case. If you plead not guilty, a trial will be conducted to determine your guilt or innocence.

If you plead guilty or are found guilty, the Court will proceed to sentencing, which may involve fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors. In some circumstances, the Court may also choose to dismiss the matter, despite a guilty verdict, or impose a suspended sentence with a good behaviour bond.

In deciding what is an appropriate sentence, a Court considers ‘aggravating’ and ‘mitigating’ circumstances to guide the judge or magistrate. Your defence lawyer will usually put a case (submissions) to the Court and provide supporting material such as:

  • Details of your character, work history, criminal history (if relevant), family circumstances, community involvement, etc.
  • A supporting character reference from a respected person who is aware of the charges and can address specific aspects of the matter.
  • Details of any medical issues relevant to the offending behaviour or other plausible reasons for having committed the offence.
  • For traffic matters, your reliance on a driver’s licence for work, etc., and the impact the loss of a licence has or will have on your future.

For anyone facing criminal charges, it is crucial to seek legal advice to ensure their rights are protected and that they can answer the charges and put forward the best case possible.

For quality legal services and advice, contact [email protected] or call 02 88660188.