Criminal Law

Strong, Compassionate and Respectful Criminal Defence Representation

Being charged with a criminal offence can be confronting, stressful and deeply personal. For many people, appearing before a Local Court is their first experience with the criminal justice system. They may be worried about their reputation, employment, family, driver’s licence, immigration status or future. At MS Lawyers Sydney, we understand that a criminal charge does not define a person.

We provide strong and considered criminal defence representation throughout the NSW Local Court system, acting for clients in Sydney, North Sydney, South Sydney, Sutherland, South-West Sydney, Western Sydney and Liverpool. Our role is to protect your legal interests, ensure your matter is properly prepared and present your case with confidence and respect. Where a client accepts responsibility for their conduct and is genuinely remorseful, we approach the matter with compassion while making appropriate and persuasive submissions to the Court.

We recognise that our role as criminal lawyers extends beyond representing an individual client. We are an integral part of the administration of justice. We advocate firmly for our clients while respecting the Court, the prosecution, the legal process and the seriousness of the matters before the Court.

Local Court Criminal Defence Representation

The NSW Local Court deals with a significant proportion of criminal matters, including many summary offences and preliminary stages of more serious proceedings. The Local Court also deals with sentencing for many offences and has jurisdiction to impose a range of penalties, including fines, community-based orders, driving disqualifications and, in appropriate cases, imprisonment.

At MS Lawyers Sydney, we represent clients at all stages of Local Court criminal proceedings, from the first court appearance through to sentencing, defended hearings and other applications.

Our criminal defence services include:

• criminal charges and summary offences;
• assault charges;
• apprehended violence orders (AVOs);
• apprehended domestic violence orders (ADVOs);
• domestic violence-related proceedings;
• drink driving and PCA offences;
• drug driving offences;
• driving while suspended or disqualified;
• other traffic and driving offences;
• bail applications;
• bail variation and review applications;
• sentencing hearings;
• guilty pleas;
• defended hearings;
• adjournment applications;
• breaches of court orders;
• property and theft offences;
• public order offences;
• offensive behaviour matters;
• fraud and dishonesty offences;
• larceny and stealing offences;
• damage to property offences;
• possession of prohibited drugs;
• and other criminal and regulatory matters dealt with in the Local Court.

The appropriate strategy will depend on the allegations, evidence, your instructions, your criminal history and the particular circumstances of the matter.

Strong Representation When You Are Facing Criminal Charges

A criminal charge should be taken seriously. Our approach is to examine the allegations carefully, obtain and consider the available evidence, advise you about your legal position and identify the most appropriate way to present your case.

Where a matter is defended, we advocate firmly for your position and scrutinise the prosecution case. Where you intend to plead guilty, our focus shifts to ensuring that your plea is properly entered and that the Court receives relevant information and submissions concerning your circumstances and the appropriate outcome.

A guilty plea does not mean that you should simply attend Court and accept whatever penalty is suggested. The Court has a range of sentencing options available in appropriate circumstances, and the outcome can depend on matters including the seriousness of the offence, your personal circumstances, criminal history, prospects of rehabilitation, remorse, the circumstances of the offending and the submissions made on your behalf. Our job is to ensure those matters are properly and respectfully put before the Court.

Compassionate Representation for Clients Who Are Genuinely Remorseful

We understand that people make mistakes. Some clients who come to us have never previously been charged with an offence. Others may have experienced an isolated incident during a particularly difficult period in their lives. Where a client accepts responsibility and demonstrates genuine remorse, we believe their legal representation should reflect the circumstances fairly and humanely.

This does not mean minimising the seriousness of the conduct. Rather, it means presenting the complete picture to the Court. We may make submissions concerning matters such as remorse, rehabilitation, personal circumstances, employment, family responsibilities, treatment undertaken, character, prospects of rehabilitation and the steps taken by the client to prevent further offending, where those matters are relevant and supported by the evidence.

Our advocacy is respectful, measured and purposeful. We do not seek to excuse wrongdoing. We seek to ensure that the Court has the relevant information necessary to determine an appropriate sentence.

Assault Charges and AVO / ADVO Proceedings

MS Lawyers Sydney represents clients facing assault charges and related Apprehended Violence Order proceedings. An AVO is a court order intended to protect a person from another person by imposing restrictions and conditions. AVO proceedings can arise alongside criminal allegations, particularly in domestic and family violence circumstances. The Local Court advises defendants to obtain legal advice before deciding whether to consent to or contest an AVO.

We represent clients in matters involving:

• Apprehended Violence Orders (AVOs);
• Apprehended Domestic Violence Orders (ADVOs);
• police applications;
• private AVO applications;
• interim AVOs;
• applications to vary orders;
• contested AVO hearings;
• consent orders;
• breaches of AVOs; and
• criminal charges arising from alleged violence or prohibited conduct.

An AVO can have significant practical consequences. Conditions may restrict where a person can go, who they can contact and where they can live. Where an AVO is made alongside criminal charges, the interaction between the two proceedings requires careful legal consideration. We provide clear advice about the allegations, proposed conditions and available options before the matter proceeds.

Drink Driving and Traffic Offences

A drink driving charge can have consequences extending well beyond the fine imposed by a Court. Depending on the offence and circumstances, consequences can include licence disqualification, an alcohol interlock order, significant fines and, for more serious offences, imprisonment. NSW Government guidance confirms that penalties vary according to factors including the level of alcohol detected and whether the offence is a first or subsequent offence.

We represent clients charged with matters including:

• low-range PCA;
• mid-range PCA;
• high-range PCA;
• novice and special-range drink driving;
• drug driving;
• combined drug and alcohol driving offences;
• driving while suspended;
• driving while disqualified;
• driving without a licence;
• and other traffic-related criminal matters.

We advise clients about the charge, potential penalties and relevant sentencing considerations and represent them before the Local Court.

Bail Applications and Bail Representation

Being refused bail can be an extremely stressful experience, particularly when a person is in custody and separated from their family, employment and community. MS Lawyers Sydney provides representation in bail applications and related proceedings.

Bail decisions can involve consideration of the seriousness of the allegations, criminal history, other charges, and whether there is a risk of failing to attend Court or committing further offences. Bail may also involve conditions concerning residence, reporting to police, contact with particular people and other restrictions. We prepare and present bail applications with careful attention to the circumstances relevant to the client’s release and proposed bail conditions. The Local Court’s Bail Division now centralises adult first-instance fresh custody matters in NSW and operates seven days a week, with virtual proceedings conducted by audio-visual link.

Sentencing Hearings and Guilty Pleas

If you have decided to plead guilty, having an experienced solicitor represent you at sentencing can be extremely important. A sentencing hearing provides an opportunity for your solicitor to present relevant submissions concerning the offence and your personal circumstances. We prepare sentencing submissions carefully and may address matters including:

• your personal circumstances;
• your employment;
• family responsibilities;
• prior good character;
• criminal history;
• remorse and acceptance of responsibility;
• rehabilitation;
• counselling or treatment;
• steps taken to address underlying issues;
• prospects of rehabilitation;
• the circumstances of the offence;
• and the appropriate sentencing outcome.

The Local Court has a range of sentencing options, including fines, community-based orders, driving disqualification and custodial sentences. Our role is to present your case persuasively, honestly and respectfully and to ensure the Court understands the circumstances relevant to sentence.

Representation Throughout Sydney and Greater Sydney

MS Lawyers Sydney provides criminal defence representation for clients appearing in Local Courts across Sydney and surrounding metropolitan areas, including: Sydney | North Sydney | South Sydney | Sutherland | South-West Sydney | Western Sydney

If you have received a Court Attendance Notice, been charged by police, received an AVO or ADVO, been refused bail, or have a sentencing hearing approaching, obtaining legal advice early can help you understand your position and prepare appropriately.

A Solicitor Who Takes Your Matter Seriously

Criminal defence requires more than simply appearing in Court. It requires preparation, advocacy, judgement and an understanding of the consequences that a criminal matter can have on a person’s life. At MS Lawyers Sydney, we approach every matter individually. We listen to your circumstances, explain your legal position, identify the issues that matter and provide frank advice about your options.

Where your case needs to be defended, we advocate strongly. Where you accept responsibility, we ensure your plea is properly presented and that relevant mitigating circumstances are put before the Court. Where you are genuinely remorseful, we ensure that your remorse and efforts toward rehabilitation are properly communicated. And throughout the process, we recognise the importance of our role within the justice system.

Our objective is not to trivialise offending or undermine the Court. It is to provide competent, ethical and effective representation so that your matter is dealt with fairly and in accordance with the law. If you are looking for a criminal defence lawyer in Sydney, a Local Court solicitor in Western Sydney, an AVO lawyer in Sutherland or a drink driving lawyer in South Sydney, MS Lawyers Sydney can provide representation tailored to your circumstances.

Contact MS Lawyers Sydney to discuss your Local Court criminal matter and obtain advice about the next steps.