It starts with a heated argument. Maybe you’re furious after a breakup, or fed up with a toxic colleague. So you send a text you think is private. But what you don’t realise is that those words could end up in Court as evidence against you. Across New South Wales, we’re seeing a rise in…
Is smacking your child illegal in NSW? What was once considered reasonable discipline can now lead to criminal charges – and in some cases, even the removal of your child from your care. As trusted Penrith Criminal Lawyers, we see this issue arise time and time again. The truth is: yes, parents can still discipline…
If you’re pulled over by police in New South Wales, do they have the right to search your vehicle? It’s a situation that many drivers fear – especially if they’ve done nothing wrong. Understanding your rights during a traffic stop is essential, particularly as unlawful searches may result in evidence being thrown out in court….
Difference Between Indictable and Strictly Indictable Offences in NSW In New South Wales (NSW), the difference between an indictable offence and a strictly indictable offence lies in the seriousness of the offence, the Court in which it is heard, and how it progresses through the criminal justice system. Below is a detailed comparison. Indictable Offence…
An important aspect of the criminal justice system is that there is the presumption of innocence and the right to plead not guilty. A Defendant who is charged with a criminal offence does not have to prove his/her innocence. The prosecution bears the burden of proof that an accused person is guilty. That burden is…
Pleading guilty to an offence is a decision which should be taken after having duly considered the alleged facts and charges, the strength of the prosecution case and after exploring possible defences. Pleading guilty means that you are agreeing to the facts and the charges as alleged by the police. A plea of guilty can…
Being charged with a criminal offence can be a daunting and nerve-wracking experience for many people. A number of people who are arrested and charged by Police are also unaware as to whether they should be talking to police and having their say. Right to remain silent In many instances, when the Police are investigating…
Many people within the vast legal system of NSW decide to represent themselves in the Courts of Law, however it is critical that all aspects are considered when making the decision on whether to self-represent or not. Breaking Down The Myths There are many reasons behind why people believe self-representation is the best path for…
There has been an increasing number of stops and search by the police each year, and the quota for personal search and strip searches keeps increasing. One question people ask is that, on what ground can the police legally search me or my vehicle? Scenario one: You were in the street, minding your own business….
Being under arrest can be a very nerve-racking experience if you have never been in trouble with the law before. You may find yourself overwhelmed and not knowing how to best deal with the situation. This is a completely normal reaction. Most people are not legally trained and may not be aware of their rights…
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