Experienced Criminal Solicitor in Windsor 

You will need to contact a criminal solicitor immediately, preferably at the time the Police lay the charge or at the material time of arrest. The criminal process ordinarily begins with a Court Attendance Notice (“CAN”) which states the charge, the Court and the date and time you must attend Court. This is issued by Police.

It is important to obtain legal advice with respect to what has been alleged by Police before you answer any Police questions. Police may wish to interview you and you will need to have a comprehensive understanding of your legal rights (i.e., your right to silence) with respect to the risk of making unnecessary admissions that can be used against you and later relied upon as evidence in a trial or in any application before the Court determining risk (i.e., bail).

A good criminal solicitor can assist you with understanding the Police charges, the elements the prosecution must prove and the likely criminal procedure or track that is available to you based on your instructions.

Your first appearance, depending on the seriousness of the charges, may warrant a bail application. Often, if the charges are less serious, then you are likely to be Police bailed to a future date. There are technical arguments that need to be made to enable a successful Court bail application and it is the difference between time in remand or time out of custody. A good criminal solicitor can prepare and run a successful bail application on your behalf. They can make all the difference.

We can review with you information about the statement of facts, your criminal history, bail documents and, if the matter is defended, the brief of evidence relied on by Police. Depending on your instructions (your version of events), we will advise you on whether the police facts or charges should be negotiated or disputed, whether there are written representations that need to be made or whether there are amendments to the facts that need to be negotiated with Police in favour of a reduced charge, should you wish to plead guilty to the charge or charges. On balance, you will need to determine whether you are prepared to plead guilty or not. If you decide to plead guilty, we will assist you in understanding what takes place next and will tender evidence for the purposes of plea mitigation at sentencing. 

If you choose to defend the charges, a good criminal solicitor will look for inconsistencies, evidential gaps in the evidence, whether the information or evidence was obtained lawfully, whether the witnesses are reliable, whether the elements of the charges can be proved based on the facts, whether you have a possible defense based on your instructions and whether the Prosecution can prove each element of the charge beyond reasonable doubt.  Simply put, we can make all the difference with how your matter progresses through either a defended hearing or jury trial or by of a sentence outcome.  

Legal Aid NSW funds representation for eligible people who cannot afford a solicitor. Duty lawyers assist at court for bail and mentions. A solicitor can assess your options.

Most matters begin at Local Court with a mention. A solicitor can appear for you, seek adjournments, obtain evidence, and advise before any plea is entered. 

Call the moment you are charged, receive a Court Attendance Notice, or learn police are investigating you. Contact Shaddicks Lawyers for comprehensive advice.