Prisoner's cell

Criminal Lawyers in Sydney Answer Common Questions

There’s a list of frequently asked questions about the NSW justice system that criminal lawyers in Sydney have answers for. You or someone you know may encounter a situation in which this knowledge may come in handy.

 

Enjoy these 9 insights by criminal lawyers in Sydney…

 

Q1 – Fake ID penalties?

 

Criminal lawyers Sydney – if caught with a Fake ID, an illegitimate document falsely presenting them as 18 years or older, you won’t be behind bars, however you’ll find a heavy bite out of your bank account.

 

Minors may be charged $220 upfront, or $2,200 down the track. For an adult permitting a minor with a fake ID, this is $330, or $3300.

 

Q2 – How long can police keep an arrested person in custody?

 

Criminal lawyers Sydney – police may arrest someone on grounds set out by The Law Enforcement (Powers and Responsibilities) Act 2002, including but not limited to…

  • Suspicions (on reasonable grounds!) of an offence
  • Need to verify identity
  • Need to preserve evidence

 

Unless arrested under suspicion of terrorism, you can be held up to 6 hours. Then police must release you, charge you, or apply an extension of a further 6 hours under a detention warrant.

 

Q3 – What happens in the case of a breach of bail?

 

Criminal lawyers Sydney – a bail may be granted after an arrest, as a promise you’ll appear in court to answer to your charges. It’s also a promise you’ll stick to prescribed conditions. If you break any of your bail promises, it’s a breach.

 

What happens then? This is at the discretion of police. Depending on conditions breached, police may warrant a warning, an arrest or court attendance.

 

Q4 – What are the penalties of fraud?

 

Criminal lawyers Sydney – Well, this depends on the type of fraud in question. The most widely used fraud charge is deceptive use of another’s property. The worst you can be issued in NSW for fraud is a decade behind bars.

 

Q5 – Where do ‘psychics’ fall into the system?

 

Okay maybe not the most common question, but we found this interesting to speculate.

 

Criminal lawyers Sydney – are those proclaiming they can deliver info about your future really engaging in fraudulent services? If we’re going by fraud legislation, we must prove the psychic had intention to deceive when providing their ‘supernatural services’.

 

Q6 – What’s a Court character reference?

 

Criminal lawyers Sydney – if someone you know has appeared in court, you may be asked to write them a character reference. Ideally you’ll have known them a long time and see them often.

 

You need to include details about yourself, how you’ve seen this person affected by the charges, and opinions on different aspects like personality and habits.

 

Q7 – What’s being done about cyber harassment?

 

Criminal lawyers Sydney – while most of us love our social media, it can be a playground for bullying, harassment, and stalking.

 

Legislation introduced Intimate Images and Cyber-protection Act, which permits an agency called CyberScan to provide public info on cyberbullying, and aid resolution through courts.

 

Q7 – What about ‘sexting’?

 

Criminal lawyers Sydney – the law considers it especially important to help teenagers avoid child pornography charges and being subject to exploitative behaviour. There’s a zero tolerance for sexual predators.

 

Q8 – My child’s gotten arrested

 

Criminal lawyers Sydney – a daunting situation for any parent, it’s important to familiarize yourself with your child’s rights should this happen.

When children taken into custody children must have a support person – parents or legal advisors – during the investigation. Searches on reasonable grounds can be conducted but strip searches are strictly illegal.