If police suspect you of committing an offence and charge you they will decide whether you get bail. They will ask you to attend court at a time and place of their choosing. They will give you an indictment with a facts sheet and record.
In most circumstances, you will be required to attend court to answer the charges before the court. Having a lawyer may save you the requirement to attend court, depending on the charges and bail set by the police.
Once you have obtained that valuable legal advice a magistrate will ask you whether you plead guilty or not guilty. Sometimes the police will charge with offences that can not be proven with the evidence they possess.
The matter will be defended if you plead "not guilty." For most offences carrying imprisonment, the police will be required to compile a brief of evidence.
If you still believe you are not guilty of the offence, the Crown or NSW Police will be required to prove their case.
If you are pleading "guilty" you will face the court so that it can impose a penalty and give judgement. There are a range of penalties available to the court. It may even be the case that you can avoid a conviction.
A good solicitor can inform the court of your circumstances and present your case in a positive light.
The State is required to prove their case beyond reasonable doubt.
Often police may feel they 'know' what has happened but can't 'prove' what happened.
At Blomfield Legal we know the difference between the two.
Regardless of your situation, early intervention and advice can save you angst and preserve your legal position.
Its important that you contact your solicitor as early as possible, particularly if you or someone you know has been bail refused.
At Blomfield Legal, we have participated in thousands of bail applications so if you want an experienced solicitor representing you to protect your liberty, rest assured you are in safe hands.
There are 4 types of Court attendance notices that Police will issue you
When you are charged you will be given a Court Attendance Notice (CAN).
Depending on the offence, you may get a CAN from Roads and Maritime Services (RMS), your local council or the police.
The CAN will tell you:
The consequences of ignoring a Court Attendance Notice can be extreme.
Think very carefully about your next step. Often Police will inform you that you need not show up to court, even for relatively serious charges.
Please contact Blomfield Legal for expert legal advice in regards to your legal position if you receive a Court Attendance Notice. The earlier we are involved, the better the result.
Attendance by the defendant in a criminal matter is required if the police set bail.
Attendance is not mandatory in that case. Be guided by your lawyer and make sure that there are no bail conditions that require your attendance
You can enter a plea or you can adjourn to assess your legal position
You can ask the prosecutor for a copy of the indictment, the facts and the record
You can determine what you want to do. Of course, legal advice as to what you should do can be advantageous in many situations. There are a multitude of options you can discuss to better your legal position!
This question is never straight forward and legal advice is crucial to understanding your legal position.
Blomfield Legl have spent many years negotiating with Police in regards to the facts for criminal offences.
Often Police will include material that is not relevant to the charges. It can also be the case that Police will include or infer other offences they suspect clients of committing. This information in the fact sheet can be removed if it offends the "Di Simoni" principle. (See R v De Simoni (1984) 147 CLR 383)
Often through measured "representations" police will accept a change of facts that they have already created.
Sometimes unrepresented individuals will plea to offences they are not guilty of. Changing your mind and pleading not guilty can create serious difficulties. It is not an automatic right to change your mind.
Its important that you receive good advice before entering pleas.
The court will often allow one adjournment to consider your legal position and more rarely two.
It is important that you get good legal advice as soon as possible.
At Blomfield Legal we are equipped to give you the advice you need it and when you need it. Contact Paul Keane for your legal needs.