If you are charged with a criminal offence you will be given a Court Attendance Notice (CAN). The CAN will give you the following information:

• The court you will have to attend
• The date and time you will need to attend court
• The offence with which you have been charged

A Police Facts Sheet will usually be attached to the CAN. A Police Facts Sheet outlines the police’s version of the events that have led to your charge. You should read the documents carefully and write down anything that you disagree with. You should then seek legal advice to determine what your best course of action is.

Arguably one of the most important decisions that you will have to make if you have been charged with a criminal offence is whether to plead guilty or not guilty. For more detailed information about entering or changing a plea, click here.

There are three ways to avoid conviction:

• Successfully defending the charge; or
• Getting the charge dismissed; or
• Having the matter dealt with pursuant to section 32 of the Mental Health (Forsensic Provisions) Act.

Our lawyers can advise you on the best course of action.   

NSW courts can impose the following penalties:

• Conditional Release Orders
• Community Correction Orders
• Intensive Correction Orders
• Imprisonment

For more information on sentencing options, please click here.

By law, a court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate. There are a variety of more moderate penalties that the court can impose as an alternative to a custodial sentence, which can be read about here.

You can appeal against your conviction or your sentence, or both. For more information on the appeals process in NSW, click here.

We service all courts across NSW, and have experience appearing in interstate courts and acting in extradition matters. For an extensive list of the courts we attend, visit our services page.