Criminal Defence Support
The incident occurred in 2024 in New South Wales, where the individual is facing charges of assault causing bodily harm. The individual maintains that the arrest was unlawful, claiming they were the victim who called emergency services for help but were subsequently wrongfully accused by the actual aggressor with support from other witnesses. There are multiple witnesses to the incident, and evidence has been collected. The individual has no prior convictions and has not yet taken any further legal steps such as applying for legal aid or entering a plea.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights and obligations during criminal proceedings in New South Wales?
During criminal proceedings in New South Wales (NSW), individuals have the right to remain silent and not incriminate themselves and the right to legal representation. It's crucial to attend court appearances and comply with bail conditions, if any. Individuals can challenge evidence and cross-examine witnesses during their trial. They also have the right to receive full disclosure of the evidence against them. If there are concerns about the legality of the arrest, this can be raised as part of the defence. Providing false information can lead to additional legal issues.
How can I apply for legal aid for my case in New South Wales?
To apply for legal aid in New South Wales, individuals need to contact Legal Aid NSW, which assesses assistance based on financial circumstances, the nature of the case, and the likelihood of success. An application form must be completed, demonstrating financial details like income and assets. For criminal cases like assault, eligibility may consider the risk of imprisonment.
What are the potential penalties or consequences I might face if convicted?
If convicted of assault causing bodily harm in New South Wales, potential penalties may include imprisonment, fines, and a criminal record. Maximum penalties can reach up to several years of imprisonment, depending on the severity of the incident and personal circumstances like prior convictions. It is important to gather evidence supporting claims, especially in defence situations.
How long does the criminal justice process typically take, and what are the key stages I should be aware of?
The criminal justice process in New South Wales varies but typically spans from several months to over a year, influenced by factors like case complexity. Key stages include investigation, arrest and charge, first court appearance, committal hearing, trial, and sentencing.
What should I expect in terms of preparation and defence strategy for my case?
Preparation for defence involves collecting and analyzing available evidence, including witness testimony. It's essential to support claims of victimhood and advise on challenging opposing witness credibility. Effective communication with legal representation is critical for a successful defence.
What happens if I am found not guilty—can I seek compensation for losses?
If found not guilty, individuals may pursue compensation for losses due to wrongful arrest or prosecution under relevant legislation. Claims can include recovery of legal fees and lost wages and may involve discussions with a solicitor familiar with civil litigation and wrongful arrest claims.
