CRIMINAL DEFENCE LAWYERS

Archive for the ‘Legal Assistance’ Category

Community Service Orders (CSOs) have become an increasingly popular sentencing option in New South Wales courts, as they obligate offenders to perform work in the community as an alternative to imposing stricter judicial remedies or sanctions. Research by the Australian Institute of Criminology has indicated that community sentencing has a much higher likelihood of rehabilitating criminal offenders, because it punishes them through restrictions on their time and liberty, as well as encouraging them to reform their behaviour. Community Service Orders have also proven to be cost-effective for the authorities, as they are relatively cheap to administer in contrast to imprisonment, while simultaneously enabling offenders to make reparations for harm committed in the local community. Read the rest of this entry »

Under Australian law, bail is the legal mechanism where a person who is arrested for a criminal offence can be released pending their trial, rather than being held in custody throughout its entire duration. Once the accused has been arrested and charged with a crime, the police will consider whether it is appropriate to release them on bail, and if so what bail conditions should be imposed. Bail can be obtained from the police after initial arrest, as well as from a Magistrate in the Local Court, a judge in the District Court, or a Justice in the Supreme Court. Research from the NSW Bureau of Crime Statistics and Research indicates that defendants are most likely to be granted bail in the Local Court. In 2007, 7.6% of defendants appearing in NSW Local Courts for any offence were refused bail, and 47.6% were refused bail in the Higher Courts, though both these figures have trended upwards in recent years. The purpose of this article is to help inform people unfamiliar with the legal system about the criteria that are taken into account by NSW courts when they are considering bail applications. Read the rest of this entry »

Getting Arrested – What to do!

At Aston Legal – Criminal Defence Lawyers, we help our clients defend all criminal offences. Whether serious charges such as assault, drug offences, theft or fraud or less serious offences such as common assault or driving or traffic offences.

An important aspect of defending police charges is knowing what to do if you get arrested. We have provided some information which might assist.

Getting arrested can happen to anyone. It can be scary. This story is about getting arrested. It will help you to know what to do if it ever happens to you.

Arrest means you have to go with the police. If the police say “You’re under arrest” then go with the police. Stay calm and don’t argue or fight and don’t run away.

At the police station you will have to take everything out of your pockets. Don’t worry, the police will put your things in a bag and later you will get everything back. The police might search you by feeling over your clothes. Again, don’t get angry – it’s a rule and it’s for your safety.

The police will tell you that you don’t have to say or do anything while you’re at the police station. Read the rest of this entry »