From Arrest to Acquittal: The Step-by-Step Guide to Defending Criminal Charges in NSW
Most people facing criminal charges have no idea what to expect. Police jargon, intimidating paperwork, and unfamiliar courtrooms make the process overwhelming.
At National Criminal Lawyers®, we guide clients from the moment of arrest through to acquittal, explaining each stage, protecting rights, and building the strongest possible defence.
Here’s how the NSW criminal process actually works, from arrest to verdict.
Step 1: Arrest and Charge
Police can arrest under s 99 LEPRA 2002 if they suspect a person has committed an offence and arrest is reasonably necessary. Upon arrest, you must be told:
- The reason for your arrest (s 202 LEPRA);
- Your right to silence;
- Your right to contact a lawyer.
Police then prepare a Court Attendance Notice (CAN) listing charges and court date.
If arrested, you must be brought before a court as soon as practicable.
Step 2: Bail
Bail is governed by the Bail Act 2013 (NSW). Courts apply the unacceptable risk test: whether release would pose risks of flight, offence, or witness interference.
In DPP v Tikomaimaleya [2015] NSWSC 1003, Justice Beech-Jones emphasised that bail must balance community safety with the presumption of liberty.
Defence lawyers may propose conditions, e.g. reporting, residence and surety, to secure release.
Step 3: First Court Appearance (Mention)
At your first Local Court mention, you can:
- Enter a plea (guilty/not guilty);
- Request adjournment to obtain evidence;
- Apply for brief of evidence (Criminal Procedure Act 1986 s 183).
Our firm often issues Letters of Representation before this stage, persuading police to withdraw or downgrade charges.
Step 4: Case Conference and Negotiation
For indictable matters, the Criminal Case Conferencing Scheme (Part 3 Division 5 CPA 1986) allows negotiation with the DPP. Early plea discounts (up to 25%) apply under s 25D.
Skilled negotiation can turn a custodial risk into a Section 10 or CRO outcome.
Step 5: Defended Hearing or Trial
If pleading not guilty, the matter proceeds to hearing (Local Court) or trial (District/Supreme Court).
The prosecution bears the burden beyond reasonable doubt. Defence may challenge:
- Witness credibility;
- Admissibility of evidence (s 138 Evidence Act);
- Police procedure;
- Lack of mens rea (intent).
In R v Thomas [2006] NSWCCA 128, the Court stressed that circumstantial evidence must exclude all reasonable hypotheses of innocence.
Step 6: Verdict and Sentencing
If acquitted, the case will be closed. If convicted, sentencing follows Crimes (Sentencing Procedure) Act 1999 guidelines.
Defence submissions highlight mitigation under s 21A(3): remorse, early plea, character, or mental health.
Appeals may be lodged to District or Supreme Court within 28 days.
The Defence Lawyer’s Role
At National Criminal Lawyers®, our approach is proactive:
- Early case analysis to expose weaknesses.
- Letters of Representation to negotiate withdrawals.
- Preparation of witnesses and evidence.
- Courtroom advocacy by senior lawyers and barristers.
Result: over 80% of defended hearings at our firm end in withdrawal, acquittal, or non-conviction outcomes.
Conclusion
Being charged is frightening, but it’s not the end. With expert legal defence, early preparation, and strategic negotiation, many charges are dismissed long before trial.
If you’re facing criminal proceedings, call National Criminal Lawyers® now. We’ll take you from arrest to acquittal, and every step in between.
📞 1800 CRIM LAW Your defence starts here.
