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Learn More about Goods in Custody Laws by Meeting with an Experienced Lawyer in Sydney
If you, a friend or a family member is facing a criminal charge for goods in custody, it can be difficult for a lay person to properly understand the case at hand. At Sydney Criminal Defence Lawyers, we act as your goods in custody lawyers and help you understand the law and mount a defence against any goods in custody charges.
What Are ‘Goods in Custody?’
Most people assume that cases involving stolen property must hinge on the actual act of stealing. In stealing matters, the prosecution’s job is to provide evidence that the accused person stole property from someone else. If the prosecution has no evidence to put the accused at the scene of the crime, the chances of a conviction disappear.
In goods in custody cases, though, the act of stealing the property is not the area of concern. Instead, goods in custody cases are about proving that the accused currently has custody of goods that are suspected of being stolen. The prosecutor in a goods in custody case would only need to prove possession of stolen property, not the act of larceny.
For instance, if you were arrested for possessing or selling a supposedly stolen laptop, you might hire a goods in custody lawyer in Sydney. The prosecution may have no way to prove or even suggest that you were actively responsible for the theft of the laptop. However, if the prosecutor can prove that the laptop in your possession was stolen, they could charge you with a goods in custody offence.
Why Hiring a Goods in Custody Lawyer Is So Important?
If you have been charged with a goods in custody offence, your first step should be to find a lawyer experienced in this area of law. At Sydney Criminal Defence Lawyers, your first step is a step in the right direction. Our goods in custody lawyers in Sydney are experienced in managing these kinds of cases and have had substantial success in the past representing clients accused of such crimes.
What you should remember about goods in custody cases is that prosecutors will usually only proceed with goods in custody charges if they cannot prove you were involved in the theft. It is easier to prove that a defendant has possession of a stolen piece of property than it is to prove that he or she committed the theft. Luckily, there are is more scope to defend the case against you relying on the four heads as follow:
(a) has anything in his or her custody; or
(b) has anything in the custody of another person; or
(c) has anything in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another; or
Sydney Criminal Defence Lawyers will help you understand goods in custody law and assist you in finding ways to weaken the prosecutor’s case. To work with our goods in custody lawyers in Sydney, give us a call on 1300 885 646.
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How a Sydney Homicide Lawyer Approaches a Case
In the eyes of Australian law, there is no crime more severe than taking the life of another person. Convictions for homicide often lead to long prison sentences—sometimes for the life of the accused. Finding the right Sydney homicide lawyer can give a defendant their best chance at fighting homicide charges and avoiding a lengthy sentence.
The Complexities of a Homicide Trial
If you have been charged with homicide, it is important to understand that the trial you are about to face will be complicated and filled with grey areas. Obviously, if you believe that you are innocent, you will have good reason to hire the best homicide lawyer to prove your claims. However, even if you did take another person’s life, some factors can impact the length of your sentence or even lead to a total acquittal. Your homicide lawyer should be aware of these factors and be able to discuss each with you at length.
In homicide trials, the simple act of one person taking the life of another is not the only topic of analysis. Factors such as intention and justification also come into play and can alter the dynamic of the case. A good homicide lawyer will help you determine which circumstances apply to you. Additionally, your lawyer will know how to present these factors to the court to argue for a partial or total acquittal.
Say that you are sleeping in your home one night when you hear a noise downstairs. You go to investigate and find a stranger in your daughter’s bedroom, attempting to commit rape. You attack the assaulter, and he pulls a knife on you. In the scuffle, you manage to get hold of the weapon and stab the man, killing him. If you were to be charged with homicide, in this case, your lawyer would help you mount a case of self-defence. You would have a significant likelihood of earning an acquittal from the jury.
Self-defence is the not the only legal defence for homicide. Other factors that might provide justification (or at least an absence of intention to kill or inflict harm) include duress, battered person syndrome (such as domestic violence), mental illness, provocation, and capacity. Your Sydney homicide lawyer can explain each of these circumstances to you, helping you determine whether they might apply to your situation. Even if your case is unlikely to end in acquittal, your lawyer might be able to help you reduce a murder charge to a manslaughter charge. The maximum sentence for manslaughter is 25 years imprisonment, compared to the maximum punishment of life in prison for a homicide conviction.
Choose Sydney Criminal Defence Lawyers as Your Homicide Lawyers
If you need a homicide lawyer in Sydney, look no further than Sydney Criminal Defence Lawyers. By carefully considering every angle of your case, we will find the best possible defence for your matter. To engage our services or schedule a consultation, give us a call on 1300 885 646. For after-hours enquiries, dial 0413 317 391.
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Larceny versus Robbery: What to Know Before You Hire a Robbery Lawyer in Sydney
With legal charges related to theft, it can be difficult to grasp what certain charges mean and how they are different from one another. For instance, if you or someone you know has been accused of theft, the charge could be larceny, or it could even be robbery. What is the difference between these two charges and what should you know before you try to find a robbery or larceny lawyer?
The Basics of Larceny and Robbery
In most cases, Sydney robbery lawyers will also be willing to take on larceny cases and vice versa. Still, knowing more about what distinguishes these crimes from one another will help you understand the charges you face and give you a better chance at a strong defence.
If you have been charged with larceny, the accusations against you pertain exclusively to theft. Larceny is the unauthorised taking of another person’s property (e.g. stealing) with the intention of permanently depriving that person of their assets. For example, if a contractor working in another person’s home were to pocket an expensive piece of jewellery with plans to sell it at a pawn shop, he or she would likely be charged with larceny. The case would hinge upon the theft of the object and the defendant’s intention to permanently deprive the owner of their property.
If you have been charged with robbery, you are facing a more severe criminal conviction. Robbery cases usually have two facets that are punishable by law. The first facet is the taking of another person’s property without consent or intention to return it later. The second is the use of force to take the property. Someone who robs a convenience store at gunpoint would be charged with robbery instead of larceny.
Hiring a Larceny Lawyer or Robbery Lawyer in Sydney
Hiring a qualified lawyer is paramount when you are facing any theft charge. However, if you have been accused of robbery, it is especially vital to hire an experienced robbery lawyer in Sydney. The standard sentence for larceny in Australia is five years in prison. The standard sentence for robbery is 14 years in prison, nearly three times as long.
A skilled robbery lawyer will review your case and search for areas where he or she can raise reasonable doubt. For instance, can the prosecution prove beyond a doubt that you were the one who used force to steal the property of another? Were you under duress when you committed the crime? Or was there some justification for the incident?
At Sydney Criminal Defence Lawyers, these are just a few of the questions we will ask when we take on your case. As your Sydney robbery lawyers, we will work with you to conduct a comprehensive analysis of your case. From there, we will keep you involved throughout the legal process as we prepare your defence. Our goal is to get you an acquittal or reduced sentence.
Call 1300 885 646 to schedule a consultation today.
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Building a Defence Against Larceny: Hire a Sydney Larceny Lawyer to Prove Your Innocence
Larceny, as a criminal charge, is defined as taking another person’s property without their consent and without the intention of returning it to them later. While larceny is a serious charge, it occasionally occurs because of miscommunication or misunderstanding. For instance, a person might take a piece of property that they believe is theirs, or that they think they have permission to take. In either case, it is possible to mount a successful defence against larceny in court. To give yourself the best chance of beating the charges against you, you should hire an experienced Sydney larceny lawyer to defend you.
Building Your Defence
At Sydney Criminal Defence Lawyers, we are qualified to be your larceny lawyers. Since opening our doors in 2009, we have taken on cases throughout New South Wales and even in courts in Queensland and Victoria. Our legal services run a range of different criminal charges, including both larceny and robbery. If you need someone to help prove your innocence in a larceny case, we are the right legal professionals for the job.
The list of possible defences for larceny is lengthy. Your larceny lawyer should walk you through this list and help you find an argument that is appropriate to defend your case.
For example, if you were blackmailed or threatened into stealing, you can claim duress. A somewhat common defence for larceny, a claim of coercion can acquit you of responsibility for a theft charge.
Even simpler, if you took something with a good faith belief that it belonged to you, then no larceny took place. Intention is important in larceny cases and is often crucial in their defence. To commit larceny in the first place, a defendant must have an active intention to deprive the original owner of their property. If the defendant legitimately thought the item belonged to them, then that intention was never there. Of course, the onus to prove intention (or lack thereof) always falls on the shoulders of the defendant and his or her lawyer. Therein lies the importance of finding an experienced lawyer who specialises in larceny cases.
As your larceny lawyers, the team at Sydney Criminal Defence Lawyers will assist you in proving what is required in court to defend yourself. Whether you are arguing duress, belief of ownership, consent or entrapment, we know what judges and juries will be looking for and how to provide the evidence they need to acquit.
Hire Us as Your Larceny Lawyers in Sydney
If you are facing larceny charges and need help, give us a call at Sydney Criminal Defence Lawyers. We will connect you with a larceny lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on 1300 885 646.
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Why You Should Consult a Sydney Traffic Lawyer
Some people mistakenly view traffic offences as ‘minor’ compared to virtually any other type of run-in with the law. While there are minor traffic offences that you can get past with little more than a ticket and a small fine, other charges have the potential to impact your life drastically. Traffic violations can cost you your driver’s licence, lead to substantial fines or even land you in prison. For these reasons and more, most experts recommend consulting a traffic lawyer for most driving-related offences.
Choose Sydney Criminal Defence Lawyers as Your Traffic Lawyers
If you are looking for a traffic lawyer in Sydney, call us at Sydney Criminal Defence Lawyers. While our practice name suggests that we work exclusively in the niche of criminal law, we also specialise in matters of traffic law. Our lawyers work with traffic offences daily and are deeply familiar with the minutiae of Australia’s traffic laws. From the potential penalties for different offences to the best defences against certain charges, we have the knowledge to help you fight a traffic charge.
Often, clients will delay contacting a traffic lawyer—or not contact one at all—because they believe the case against them is ironclad. As with any law, though, traffic law is filled with technicalities and details that you can use in your favour.
Say you are pulled over for drink driving. To issue a formal charge against you, the police must test the PCA (prescribed concentration of alcohol) in your blood. Your PCA reading will determine whether you can be accused of a crime, but there are a few rules in that regard. For instance, if police test your PCA two or more hours after you drove a car, the evidence may be inadmissible. Police also cannot force you to submit to a PCA test in your home. If police respond to a call and accost you at your home, any evidence they collect there may also be inadmissible.
Most drivers do not know about these technicalities, or about the other complexities of traffic law. As such, it is vital that you consult with a Sydney traffic lawyer to learn more about what kind of evidence is or is not admissible in court. Simply sitting down with a lawyer and recounting the events of your arrest or traffic violation may identify a potential path for your defence. The sooner you meet with a traffic lawyer after you are arrested or charged, the better.
Schedule an Appointment with Sydney Criminal Defence Lawyers
At Sydney Criminal Defence Lawyers, we know how a suspended licence or substantial drink driving fine can turn your life upside down. If you have been charged with a traffic violation and want to mount a defence—as you should—give us a call. Our traffic lawyers in Sydney will meet with you, learn the details of your case, and help you find a way to fight the charges. Ring us on 1300 885 646 to arrange a consultation.
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Evaluate Your Options in Sydney With the Help of Lawyers Experienced in Drink Driving Defences
Drink driving is a serious offence due to the danger it creates for everyone on the road. With rising numbers of traffic fatalities in the early 1980s, the NSW government enacted new legislation. This law gave police the right to conduct random breath tests on any driver. Those in violation of the legal BAC limits in Sydney face automatic licence disqualification, heavy fines, and jail time in some situations. The law defines three legal limits for blood alcohol content to distinguish between offences. These limits are 0.05, 0.02, and 0.00.
Learners must always have a BAC of zero. The first violation of this law can incur an $1,100 fine and a 3-month disqualification. Drivers of heavy vehicles and taxis must obey the 0.02 limit, while all other drivers must remain under 0.05 BAC. Drivers who test above 0.08 will face a fine of at least $2,200 and nine months in jail. Exceeding 0.15 is grounds for 18 months’ jail time and the potential for permanent disqualification.
These penalties create a stressful situation for anyone accused of drink driving. Experienced drink driving lawyers can help reduce that stress by examining your legal options and the circumstances of the alleged offence. BAC testing can be imprecise, and the administering officer may not always follow the correct procedures for an accurate test. Therefore, professional legal representation is essential for examining all possibilities.
Many factors affect drink driving offences
Consider this example: an officer requests a breath test and the device registers a low-range PCA (Prescribed Concentration of Alcohol). It is possible the testing device malfunctioned. You have a right to challenge the reading, and experienced lawyers can evaluate whether this is a viable option in your circumstances. In other cases, an emergency could force you to drive while intoxicated. Based on the available evidence, your lawyer may be able to petition for a dismissal under Section 10. If this is your first drink driving offence, your chances of a dismissal further improve.
The courts will consider many factors when you present a logical defence, such as a good driving record and a lack of prior offences. Even the impact of a suspended licence would have on your life can be relevant. A lawyer you can trust makes organising your defence more straightforward and simple than if you were to represent yourself.
Reach out to a drink driving lawyer for assistance
Do you have a case that could qualify for Section 10 dismissal? Contacting a drink driving lawyer in Sydney will allow you to consider your options and determine the ideal way to proceed. Whether you believe the testing equipment was at fault or if you had an honest expectation that you would not have to drink drive, Sydney Criminal Defence Lawyers will provide professional help for every case. All our clients receive the same level of respect and professional treatment, beginning with your first call to our lawyers. To learn more about your options, please ring us on 1300 885 646.
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Understanding Drug Driving Offences and How Sydney Criminal Defence Lawyers Can Help
Driving while intoxicated by narcotics is as dangerous and illegal as drink driving. However, the body “processes” drugs very differently than alcohol, which the liver eliminates at a steady rate. The presence of drugs can linger instead. As a result, drug tests can detect use in timeframes ranging from hours to a few days, long after any “high” has ended. This is crucial to understanding the extent to which police can investigate an individual for suspected drug driving.
Police in Sydney can ask you to submit to a roadside oral drug test at any time for any reason. However, more scrutiny is often given to drivers in areas commonly associated with drug use, such as dance clubs. Regardless you may be asked to submit to a test any time you drive on public roads. A positive mobile drug test requires that you provide a second sample of saliva for analysis. If this is not possible, police will transport you to a hospital to draw blood.
If you currently face charges related to drug driving, a lawyer will help you understand your options before you enter a plea. At Sydney Criminal Defence Lawyers, we provide attentive aid to every client. We know it is not always easy to understand the court system or to know how one should proceed. With possible outcomes such as licence disqualification and fines of $1,100 (first offence) to $2,200 (second and subsequent offences), help from drug driving lawyers can create opportunities for an improved outcome.
How is one charged with a drug driving offence?
The circumstances of your case play a significant role. You may not have experienced actual impairment at the time of a positive test. Let’s consider an example where that might be the case.
Oral drug tests given in the field are not always 100 per cent accurate and are not accurate enough to solely detect recent drug use. Consider that a methamphetamine user can test positive even if they did not use the drug that day. This is because the test can detect meth up to 48 hours after consumption. In this hypothetical case, the individual might have used the drug at a party several days ago and thus was not impaired at the time of testing. The police charge them anyway. Does the individual have a defence? Bringing the facts to a Sydney drug driving lawyer can help you understand the best options.
Contact our drug driving lawyers with details of your case
While this is only an example, it is not an uncommon occurrence. Remember that refusal to submit to a roadside test can incur a $1,100 fine as well. If you received a notice to appear in court on a charge of drug driving, seek a lawyer in Sydney soon. A member of our firm will listen to the details of your case, consider all the potential factors, and provide you with sound advice on the choices ahead. Click here to contact Sydney Criminal Defence Lawyers today.
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Are you Facing Suspension of Your Driver Licence in Sydney? Consult Knowledgeable Lawyers Soon
Driving a car is not a right; it is a privilege we earn by demonstrating safe driving abilities. The nature of licencing means the state can also revoke your privilege to drive due to an offence. The triggers for a licence suspension vary widely from case to case. It could be the result of a drug driving charge, or it might be the punishment for a speeding violation. In both instances, a suspended licence can significantly disrupt your life. While suspensions that occur due to a severe or repeated offence typically do not receive consideration for an appeal, other circumstances leave you with options.
For example, you can appeal suspensions due to speeding or from accumulating too many demerit points to the Local Court. However, do not forget that it is illegal to drive in the meantime. To help you recover your driving privileges, the team at Sydney Criminal Defence Lawyers is available to consult with you on the next steps. Through work with a professional license suspension lawyer in Sydney, your case will receive the attention it deserves.
There are time limits to consider. To take advantage of your legal options, you must act without delay. When the Local Court suspends your licence, you must appeal within 28 days of that decision. If you miss this deadline, you must ask the Court for a Leave to Appeal. Within three months of your suspension, you must file an Application for Leave to Appeal explaining why you did not originally meet the 28-day deadline. This is where a licence suspension lawyer is most helpful. If you do not file this application within three months, you must serve out the suspension.
How and when you can appeal a suspension
All drivers risk demerits for certain traffic offences, including speeding and negligent driving. Earn too many, and an automatic suspension of your licence begins. Similarly, police may suspend your licence on the spot if you exceed a speed limit by more than 45 km per hour, even if you were speeding due to an emergency. It is the police’s job to enforce the law — to consider the facts and circumstances of your case requires a judge. Ensure you meet the appeal deadlines so you may have your day in court. The law grants no extensions beyond the established limits. Speaking to licence suspension lawyers about your suspension now will provide ample time to prepare and notify the courts of your intent to appeal.
Partner with a licence suspension lawyer in Sydney
Choosing to fight your suspension is often the right choice. To ensure that you can appear before a judge with an improved chance of restoring your licence, do not neglect the value of a Sydney licence suspension lawyer. There may be details to your case that will make a difference to the outcome. Our team of lawyers will be happy to evaluate your circumstances, discussing your options in easy-to-understand terms. Call us on 1300 885 646 now to learn more from a qualified lawyer.
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Navigating Your Licence Disqualification with the Help of Lawyers in Sydney
For many Sydney residents, driving is an essential part of daily life. Traveling long distances to run errands or commute to work during the week is not unusual. As a result, losing one’s licence to disqualification due to a conviction is often a severe disruption. Even first-time drink driving charges require an automatic disqualification. While it could be as short as three months, the severity of the charge could extend the term up to three years. Those caught driving with a suspended licence face an additional year of automatic disqualification, too.
Without a licence, daily travel can become a significant hardship. However, those in this situation have options. When a court orders disqualification, you have the right to appeal immediately to the District Court. To do so, you must file within 28 days of the initial adjudication. In some exceptional circumstances, individuals can make an application for relief to the Department of the Attorney-General. This is often considered a “last resort” option after exhausting the possibility for other appeals.
To increase your chances of reinstatement, consider engaging a qualified Sydney licence disqualification lawyer to work on your case. At Sydney Criminal Defence Lawyers, we dedicate our time and energy to helping every client understand those options. When you appeal your licence disqualification, a lawyer will help you demonstrate that you meet the criteria for a dismissal. What will you need to show the court?
Appealing your licence disqualification through a lawyer
Applicants for relief will need to demonstrate that they meet several criteria. For example, if you are the sole carer for an elderly or ill family member, a licence disqualification lawyer could argue there are medical grounds for reinstating your licence. Even in this scenario, you will still need to provide evidence of rehabilitation considering the circumstances that initially cost you the licence. This might be abstaining from drugs and alcohol or completing a rehab programme. A clean record since your offence will also help your case.
Gathering extensive evidence in the form of documents and character witnesses can only help your cause. Be aware that successful appeals to the Attorney-General are much rarer than in the District Court. Therefore, it is crucial that you take advantage of your rights to appeal before this becomes the only option available.
Remember, there are time limits at work
Losing the ability to drive can make you feel stranded and unsure of how to proceed. Speak today with a licence disqualification lawyer from our Sydney team and discover options you may not have known were available. Whether you require assistance in presenting new circumstances to the Attorney-General, or you need representation before the District Court, we can help. Our lawyers always explore all the possibilities for every client, laying out a complete view of the situation and what experience tells us is the most promising pathway to positive outcomes. Visit our contact page here to learn more.
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Defending Against Charges of Reckless Driving with Sydney Criminal Defence Lawyers
Your licence to drive represents more than the fact that you passed a test and proved your ability. It also represents an agreement to drive lawfully and safely to avoid accidents and harm. Unfortunately, this duty is not always as simple as it sounds. Emergency situations, adverse weather, and other circumstances can lead to accidents and injuries. What if you face charges of reckless driving in the aftermath?
A lawyer is a helpful ally in a situation where you face charges related to negligent driving and must appear in court. Depending on the facts of the case, there may be mitigating circumstances that individuals can ask the court to consider when defending against the charges. A reduced penalty is even one possible outcome.
However, cases involving grievous bodily harm (GBH) or a fatality are very grave and require close attention and care due to the severe penalties involved. A first offence involving GBH includes a $2,200 fine, an automatic year-long licence disqualification, and jail time of up to nine months. If you caused a fatal accident, the prison term increases to 18 months and accompanies the permanent loss of your licence. At Sydney Criminal Defence Lawyers, we bring skills and experience to bear in providing our clients with robust legal aid. Our reckless driving lawyers are ready to help you through this very stressful situation.
Defending against reckless driving charges
Not all cases are severe enough to meet the standard for GBH. Minor accidents and those involving less severe injuries are much more widespread, as are some of the circumstances that can help your case. Let’s consider one such hypothetical scenario where your lawyers could make a strong defence in support of a “not guilty” plea to reckless driving charges.
A driver travels at high speed on a busy road. For some reason, a vehicle further ahead brakes suddenly, putting the driver in danger. Their only option is to act immediately to avoid a collision, swerving into another lane and unfortunately striking another vehicle. The car that created the danger disappears down the road. In this case, your lawyers could argue it was necessary for you to drive recklessly to avoid injury to yourself. This “necessity” defence is one of the three primary considerations in accident cases. Duress is another, followed by a reasonable mistake. A Sydney reckless driving lawyer can assist you in determining if there were elements of these categories involved in your accident.
Speak to a reckless driving lawyer about your case
In the events leading up to a reckless driving charge, do you believe that circumstances forced your hand, causing you to drive in an unsafe manner? The courts may not always see things your way. To evaluate whether you have a strong case and to explore what it means to plead not guilty to these charges, contact a reckless driving lawyer in our Sydney office as soon as possible. Bring us the information about your case, and we will sit together to discuss everything you should know about the legal choices you face. Call our offices on 1300 885 646 to receive prompt assistance.