24/7 EMERGENCY CRIMINAL LAWYERS
Going to court? Or maybe you just need advice? Contact us now.
Frequently Asked Questions.
Going to court? Charged with an offence? Contact us now. We provide fierce, dedicated criminal defence services. 24/7 Assistance – when you need it most.
We offer fixed fees. You’ll receive a full, honest and transparent explanation of our fees.
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.
Yes, we are a team of Newcastle Criminal Lawyers. But we travel throughout NSW.
We specialise in a variety of criminal and traffic offences. Covering all courts across NSW. Including Newcastle, Central Coast, Sydney and surrounding regions. See our services page for a full list.
Absolutely. We’re specialised in the following areas:
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.
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:
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:
Our lawyers can advise you on the best course of action.
NSW courts can impose the following penalties:
For more information on sentencing options, please click here.
You can appeal against your conviction or your sentence, or both. For more information on the appeals process in NSW, click here.
The court process in New South Wales is started with a document served on an accused person. That document is called a court attendance notice or sometimes abbreviated to a CAN.
On that document will be a range of information. It’s quite a confusing document.
On that document, it will stipulate the court the person has to attend, the date and the charges or allegations against that person.
Stepping back, sometimes people are notified by the police before they were to receive that court attendance notice.
The police may say we’d like you to come in for an interview.
We encourage people to contact us before making that decision to give an interview so we can properly advise them as to what their rights are before they go to the police station.
There’s a decision made by the police when they arrest someone as to where they release them on bail or not.
Some people will be released on bail conditions to attend court. Sometimes the police refuse bail and that person that appears in court from custody.
We can then be engaged to attend court and fight for bail or release of that person in the interim while it matter is being heard.
It depends on a number of factors, including:
We can talk about that.
If you’d like to be there every step of the way, please come and we’ll meet you at court
early and we’ll explain the process and you can come in and watch us do whatever it is we’re doing that day. Whether it be your appearance your sentence or the hearing.
Generally, you won’t have to speak in court.
That is what you instruct us for, that is our job and that’s what we do every day.
If you would like to put something before the court, in terms of contrition or remorse or how you’re feeling about the matter, certainly we can arrange for you to do that either by way of written evidence or sometimes oral evidence if appropriate.
But we will talk to you about that at length before that goes anywhere near the court to make sure that it’s appropriate and something that’s going to assist you in either the defence of your matter or in mitigation if it’s a sentence proceeding.
So my role as your lawyer is to fight vigorously for your rights in the courtroom.
My role is to explain to the court the context or situation that was occurring at the time for you at the time of the alleged offence.
My role can sometimes also be to tell the court that you’re not guilty of an offence and to raise defences that will convince the court, the judge, the magistrate or jury that you are not guilty of that offence.
So my role is to protect you in the courtroom at all times and that’s what we do for you.
Hamilton Janke Lawyers specialise in criminal and traffic offences.
Including drug offences, assaults and AVOs, fraud offences, sexual offences, drink driving, disqualified driving, driver licence appeals, drug driving and more.
All NSW courts.
Most people receive a reply within 24 hours.
Your privacy is very important to us.