Our team of experienced criminal lawyers appear in court every day of the week. They regularly appear in all courts including Local Court, District Court, Children’s Court, The Supreme Court Criminal Court of Appeal and Coroner’s Court.

Our lawyers have represented and advocated for Sydney clients across a range of matters including sexual offences, drug importation, drink driving, domestic violence, property offences, drug possession and assault.

Our criminal defence team is extremely experienced and able to run most court matters without the added expense of a barrister. However, for serious criminal matters we have a panel of expert barristers who we frequently engage.

You can rest assured that we will fight tirelessly in your corner and vigorously defend your rights.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

How we can help when you have Police Interaction or are Arrested or Charged.

There are a number of ways in which you may come in contact with the police.  Police powers to search, detain and interview are derived from the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).  In any contact with the police it is essential that you seek legal advice.  Provided below are the main interactions that you may have with the police.

Police Interview

Your first contact with the police is likely to be when police seek to interview you or arrest you.  It is essential that you seek legal advice prior to consenting to any interview with the police.  Police willingly accept that you require legal advice prior to you making a decision about any interview.

Search and Detention

Prior to stopping, searching or detaining a person, the police must suspect on reasonable grounds that the person has in their possession stolen or unlawfully obtained goods or an item used or intended to be used in an indictable or weapons or firearms crime.  Another reason is if whilst in a public place you are suspected of possessing a dangerous article that is or was used in connection with an indictable or weapons or firearms crime.

Police are entitled to search a person after they are arrested if they suspect on reasonable grounds that it is prudent to do so to ascertain if they are carrying an item that may be a danger to a person or could be used to escape from lawful custody.  In addition, if the police suspect on reasonable grounds that the person may be in possession of an item that was used in an offence or was intended to be used in committing an offence.

The police must tell you the reason for any search.

Police Powers of Arrest

The police are able to make an arrest without a warrant if the police officer suspects on reasonable grounds that the person is committing or has committed an offence AND they are satisfied that the arrest is necessary for a number of reasons, including to stop the person from fleeing or from committing another offence.  Section 99 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

Detention and Bail

If you are charged you may be detained by police in which case it is essential that you seek legal representation to make an urgent application in court for bail.  Recent amendments to the Bail Act 2013 (NSW) (Section 16) provide that certain offences require the accused person to show cause as to why they should be granted bail.  It is essential that you obtain legal representation to make an application to the court seeking bail.

Defence Strategies

Once you receive your charges and a fact sheet, which is a brief description of the facts prepared by the police, you should seek legal advice.  The criminal lawyers at Brander Smith McKnight can tell you how best to deal with the charges, develop a strategy for your representation and advise you of likely outcomes for each strategy.  This may include one or all of the following:

• Making legal representations to the police to withdraw or amend charges
• Making legal representations to the police or having a hearing to amend the fact sheet
• Entering a plea of guilty as early as possible which may provide a sentencing discount of up to 25% Sections 25D &E Crimes (Sentencing Procedure) Act 1999 (NSW)
• Entering a plea of not guilty and preparing for a hearing.  A hearing is a trial where the police will be required to prove their case.

The most appropriate strategy will depend on the type of charge, the facts of the case, the evidence and any prior criminal convictions.

Sentencing Strategies for a Guilty Plea

Where there is a guilty plea, the criminal team at Brander Smith McKnight can advise you of the likely penalty.  We will use various strategies to achieve the best possible outcome for you.   This may include utilising:

• Section 10 Crimes (Sentencing Procedure) Act 1999 (NSW).  This is a dismissal of charges with no criminal record.
• Section 7 of the Act which results in intensive correction orders
• Section 8 of the Act which results in community correction orders
• Section 9 of the Act which results in conditional release orders
• An application to court for the matter to be dealt with under the Mental Health Act 2007 (NSW).  This allows the court to order that the offender participate in a mental health program rather than a custodial sentence.

Where a custodial sentence is a possibility BSM Lawyers will ensure that every avenue is explored.  For example Section 5 of the Act which states that the court must not sentence an offender to imprisonment unless no penalty other than imprisonment is appropriate.

We will also guide and assist you to prepare all pre-sentencing materials such as references, psychologist reports and pre-sentence assessment reports.  You can be certain that we will ensure that your case is properly prepared so that you achieve the best outcome.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

BSM has extensive experience across all areas of Criminal Law

• ASSAULT AND AFFRAY OFFENCES, including Common Assault, Assault occasioning Actual Bodily Harm (ABH), Grievous Bodily Harm (GBH), Assault Police.
• DRUG & ALCOHOL OFFENCES, including Possession, Trafficking, Importation, Driving Under Influence (DUI) or Driving Above the Prescribed Concentration of Alcohol (PCA)
• DOMESTIC VIOLENCE OFFENCES, including Assaults, Apprehended Domestic Violence Order (ADVO), Stalk and Intimidate
• SEXUAL OFFENCES, including Sexual Assault, Sexual Touching and Sexual Intercourse without Consent (otherwise known as Rape).  All Child Pornography Offences, Procuring or Grooming of a Child for Unlawful Sexual Activity, Sexual Touching of a Child and Sexual Abuse of a Child.
• FIREARMS OFFENCES, including Possession or Use unless Licenced, Possession Without Knowledge.
• LARCENY AND ROBBERY OFFENCES, including Breaking and Entering, Entering a Dwelling, Embezzlement, Fraud, Stealing, Taking of a Motor Vehicle or Vessel, Receiving Stolen Property.
• PROPERTY OFFENCES, including Destroying or Damaging Property.
• BAIL APPLICATIONS AND CRIMINAL APPEALS.

Why Choose BSM?

Brander Smith McKnight criminal lawyers have represented and advocated for clients in all criminal cases from serious matters such as manslaughter, sexual offences and drug importation to less serious matters such as drink driving, drug possession and assault.

Our team of criminal defence lawyers appear in court every day of the week. They regularly appear in courts throughout Sydney including the Local Court, District Court, Children’s Court, Supreme Court, Criminal Court of Appeal and Coroner’s Court.

Our lawyers are extremely experienced and able to run most court matters without the added expense of a barrister. However, for serious or complex criminal matters we have a panel of expert barristers who we frequently engage.

Our criminal defence lawyers understand that the criminal justice system can be daunting and stressful to deal with and you can be certain that we will guide you through the system, explain the processes and fiercely advocate for you.  Brander Smith McKnight criminal lawyers will respect you and attend to your matter in an efficient, competent and compassionate manner.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Our Locations

Brander Smith McKnight’s services are available at a number of locations across New South Wales. These locations are:

Sutherland

Suite 2
9-15 East Parade
Sutherland 2232

Parramatta

Level 14 3 Parramatta Square,
Macquarie St,
Parramatta NSW 2150

Wollongong

Level 1, Suite 1
90 Market Street
Wollongong NSW 2500

Sydney CBD

MLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000

Please be aware that we observe strict COVID safe practices. Consultations can be done via telephone or Skype and documents witnessed using Skype. Where attendance is necessary all Covid precautions are taken. We continue to maintain our commitment to clients and provide expert legal services.