Criminal Law
58 pages
Sexual Offences
Drug Offences
General Offences
Traffic Law
9 pages
Need representation or unsure what the next steps in your case are? Contact us today for a consultation.
Being charged with a criminal offence does not mean you should accept the allegations against you. If you maintain your innocence or dispute the prosecution's case, a defended hearing may provide the opportunity to challenge the evidence and have the matter determined by the Court.
At Chidiac & Associates, we understand that facing criminal proceedings can have significant consequences for your reputation, career, relationships and future. We approach every defended hearing with meticulous preparation, strategic legal analysis and determined courtroom advocacy.
Our focus is on identifying weaknesses in the prosecution case, testing the reliability of the evidence and advancing your defence with precision and purpose.
When your future is at stake, the quality of your defence matters.
A defended hearing is a criminal hearing in which an accused person contests the charge by pleading not guilty. In the NSW Local Court, the prosecution must present its evidence and establish the alleged offence beyond reasonable doubt.
The Local Court Judge considers the admissible evidence, assesses the reliability and credibility of witnesses, and determines whether the prosecution has proved the charge.
A defended hearing is not simply an opportunity to tell your side of the story. It requires a carefully prepared legal strategy, a thorough understanding of the applicable law and the ability to challenge the prosecution's case through effective cross-examination and legal submissions.
At Chidiac & Associates, we recognise that no two cases are alike. We examine the particular circumstances of each matter to identify the issues that may be decisive to the outcome.
An effective defence begins long before the hearing date. We carefully review the prosecution brief, witness statements, police records, body-worn camera footage, CCTV footage, photographs, forensic material and other relevant evidence.
We consider whether the evidence supports the allegations, whether inconsistencies exist and whether any legal or evidentiary issues may affect the prosecution's case.
The strength of a criminal case depends on the evidence, not merely on the fact that a charge has been laid.
We scrutinise the prosecution's case to identify inconsistencies between witness accounts, gaps in the evidence, unreliable identification evidence, disputed versions of events and issues concerning the admissibility or weight of particular evidence.
Where appropriate, we consider whether the evidence fails to establish one or more essential elements of the alleged offence.
Cross-examination is often a critical component of a defended hearing. It provides an opportunity to test the evidence of prosecution witnesses and examine the reliability of their accounts.
Our approach is directed towards the issues that matter. We prepare focused lines of questioning designed to explore inconsistencies, test recollection, examine the basis of a witness's observations and expose weaknesses where the evidence warrants it.
Every question must serve a purpose within the broader defence strategy.
Where appropriate, we identify relevant defence evidence, assess potential witnesses and consider whether documents, expert evidence or other material may assist your case.
We also advise on the strategic considerations involved in deciding whether to give evidence, having regard to the particular circumstances and applicable law.
Our objective is to ensure that your defence is properly prepared, clearly presented and supported by the available evidence.
A well-prepared case must be presented effectively. We represent clients throughout the defended hearing, addressing evidentiary issues, conducting cross-examination, presenting relevant defence evidence and advancing legal submissions.
We focus on the applicable law, the evidence before the Court and the precise issues the prosecution must establish.
Our advocacy is measured, purposeful and directed towards the strongest available defence.
Although each matter differs, a defended hearing in the NSW Local Court will generally involve the following stages.
The prosecution evidence is reviewed, the disputed issues are identified, witnesses are considered and the defence strategy is developed. Relevant subpoenas and other procedural steps may be required.
The prosecutor presents the prosecution evidence and calls witnesses. The defence has an opportunity to cross-examine witnesses in accordance with the applicable rules of evidence and procedure.
Depending on the circumstances, the defence may present evidence and call witnesses. Whether the accused gives evidence is an important strategic decision that should be made with legal advice.
The parties make submissions addressing the evidence, the applicable law and whether the prosecution has established the charge beyond reasonable doubt.
The Local Court Judge determines whether the charge has been proved. If the prosecution fails to establish the charge beyond reasonable doubt, the accused must be acquitted of that charge. If a finding of guilt is made, the matter may proceed to sentencing.
The precise procedure depends on the nature of the charges and the circumstances of the case.
Don't wait to get advice. Chidiac & Associates provides confidential criminal defence representation across Sydney and New South Wales, whenever you need it most.
Chidiac & Associates provides criminal defence representation for contested matters involving a range of offences, including:
The appropriate procedure and available options depend on the offence. Some indictable offences follow a different court process and may require committal proceedings or a trial in a higher court rather than a Local Court defended hearing.
We focus on the real issues in dispute, examining the evidence and identifying the legal arguments available in your particular case.
Effective advocacy is built on preparation. We take the time to understand the allegations, review the evidence and develop a considered approach to the hearing.
We understand the importance of clear submissions, purposeful cross-examination and a disciplined presentation of the defence case.
We explain the process, discuss the strengths and weaknesses of your matter and provide advice about the available options and potential risks.
We recognise that criminal charges can affect every aspect of your life. We approach each matter on its own facts, with professionalism, discretion and a commitment to protecting your legal rights.
The decisions made before a defended hearing can be just as important as the advocacy on the day. Delays in obtaining legal advice may make it more difficult to secure relevant evidence, identify witnesses or address procedural issues in time.
If you have been charged with a criminal offence in NSW and intend to contest the allegations, obtaining advice early can help you understand your position and prepare for the proceedings ahead.
Chidiac & Associates provides considered criminal defence advice and representation for clients facing contested criminal proceedings across New South Wales.
Contact our team to discuss your circumstances and the next steps in your matter.
You are generally entitled to represent yourself, but a defended hearing can involve complex questions of evidence, procedure and criminal law. A criminal defence lawyer can review the prosecution case, advise on your options, prepare cross-examination and represent you in Court.
In criminal proceedings, the prosecution generally bears the burden of proving the essential elements of the offence beyond reasonable doubt. The precise elements depend on the charge and the applicable law.
Not necessarily. Whether you give evidence is a significant decision that should be considered with your lawyer. The appropriate course depends on the evidence, the issues in dispute and the circumstances of your case.
Yes. If the prosecution fails to prove the charge beyond reasonable doubt, the Court must acquit you of that charge. The outcome depends on the evidence and applicable law, and no particular result can be guaranteed.
The duration varies according to the number and complexity of the charges, the number of witnesses, the volume of evidence and the issues in dispute. Some matters can be heard in a day, while others require longer.
If the Court finds you guilty, the matter may proceed to sentence. Your lawyer can advise you about the applicable sentence principles, relevant material and available options, including whether any appeal rights may arise.
A plea may be changed in certain circumstances, including before or during the hearing, subject to the applicable procedure and the circumstances of the case. You should obtain legal advice before making any decision to change your plea.
Need representation or unsure what the next steps in your case are? Contact us today for a consultation.