Criminal lawyer in Wagga Wagga for any criminal charge
If you have been charged with a criminal offence, John can advise you before your first court date and represent you from the first mention to the end of the case. Most criminal charges start in the Local Court. Some move to the District Court for trial or sentence.
Dr John Weir, Accredited Specialist in Criminal Law- Where will my case be heard?
- Almost every case starts in the Local Court named on your Court Attendance Notice.
- What happens at the first court date?
- It is usually a mention. The court checks where the case is up to and may ask how you plead.
- Do I have to plead at the first mention?
- No. You can ask for time to get advice and see the police facts first.
- Can I avoid a conviction?
- Sometimes. A court can find a charge proven without recording a conviction.
Charges John defends
John acts in the full range of criminal matters, from a first offence in the Local Court to serious charges before a jury.
- Common assault
- Assault occasioning actual bodily harm
- Domestic violence offences
- Breach of an AVO
- Drug possession
- Drug supply
- Larceny and stealing
- Fraud and dishonesty
- Break and enter
- Robbery
- Destroying or damaging property
- Firearms and weapons offences
- Offensive conduct and language
- Resisting or assaulting police
- Failing to appear on bail
- Dangerous and negligent driving
- Sexual offences
- Serious indictable offences
How a criminal case usually runs
- 1
Charge and Court Attendance Notice
Police charge you and give you a notice with the court and the first date. You may be released on bail or without bail.
- 2
First mention
The case is called in the Local Court. John can ask for the police facts and, where needed, the brief of evidence before you decide how to plead.
- 3
Plea
If you plead guilty, the case moves to sentence. If you plead not guilty, the court sets a hearing date, or a committal process starts for charges that go to the District Court.
- 4
Hearing or sentence
At a hearing, the prosecution must prove the charge beyond reasonable doubt. At a sentence, John puts your side of the story to the court with references and any reports.
- 5
Outcome and next steps
John explains the result, any orders you must follow, and whether an appeal is worth considering.
What John does on a criminal charge
- Advises you before any police interview
- Reads the police facts and brief of evidence for weaknesses
- Negotiates with police prosecutors and the DPP to withdraw or reduce charges where the evidence supports it
- Applies for bail or a change to bail conditions
- Runs defended hearings and jury trials
- Prepares sentence material: references, reports and a plan the court can rely on
- Explains every step in plain English
Dr John Weir
Accredited Specialist in Criminal Law
Over 30 years in court, as prosecutor, Legal Aid solicitor, barrister and solicitor advocate.
Call JohnPossible outcomes in NSW
If a charge is proven, NSW courts have a range of options. Prison is a last resort, and the sentence must reflect the seriousness of the offence and your circumstances.
Charge withdrawn or dismissed
Police may withdraw a charge, or the court may dismiss it after a hearing.
No conviction recorded
Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can dismiss a proven charge or impose a conditional release order without a conviction.
Fine or conditional release order
A fine, or a conditional release order with a conviction and conditions such as good behaviour.
Community correction order
An order served in the community with conditions such as supervision or community service work.
Intensive correction order
A prison sentence served in the community under strict conditions.
Imprisonment
Full-time custody, reserved for the most serious offending.
Every case is different. John will tell you what is realistic for yours.
Questions people ask
Related
Bail and custody
If police have refused bail, the person must be brought before a court as soon as practicable, and that first appearance is the time to apply for bail.
Bail and custodyAVOs
An apprehended violence order is a court order that limits contact with another person.
AVOsAppeals and trials
If you want to appeal a Local Court decision, or you face a serious charge in the District or Supreme Court, you need someone who has stood up in those courts many times.
Appeals and trialsTalk to John about your matter.
Call now, or leave your number and the court, and John will call you back. [Call back timing]
0429 452 225jw@johnweir.com.auPO Box 469, Wagga Wagga NSW 2650