Changes in Law for Coercive Control in NSW
If you find yourself facing domestic violence charges, or particularly if you find yourself facing charges in relation to coercive control, ensure you get the specialist legal advice that is required to maximise your chances of the best possible outcome for you.
Recent Changes in NSW Bail Laws
Bail can be seen as an agreement with the Court that you will appear before the court when required, be of good behaviour, and (if imposed) agree to certain other conditions. If a person cannot comply with the conditions, they will remain in custody. Find out more about the recent changes to bail in NSW here
Jury finds Clarence Town man Christopher John Stewart NOT GUILTY on all 10 charges of sexually abusing boy
A client who “lost his job and nearly two years of his life” can finally move on after a jury found him not guilty of all allegations of sexually abusing a “troubled” teenage boy.
“Mr Stewart would also like to take this opportunity to express his deepest appreciation and gratitude to his legal team and importantly, all his friends and family who provided him with unequivocal and unwavering support for the duration of the investigation and court proceedings.”
Drug-Driving in NSW
Driving whilst having illicit substances present in your system (referred to here as ‘drug-driving’) is becoming more and more prevalent in the community. It is probably not surprising that, in NSW, it is a criminal offence to take drugs and drive a vehicle.
The regime for criminalising drug-driving in NSW is largely by way of two separate offences (as always, subject to some exceptions).If you’ve been subjected to roadside testing and you want advice, or if you’ve been charged with a drug-driving offence, you will need specialist representation to ensure that you are given the right advice and guided through often difficult process of legal proceedings. Give our friendly team at Mitchell and Co Lawyers a call on (02) 8507 2091 to ensure that you are prepared and that you give yourself the best opportunity you can to minimise your penalty.
What happens when you are charged with a criminal offence in NSW?
The legal process is not as straightforward as most people presume it to be.
Danger and huge risks exists for people who are not aware of their rights, or of how matters should proceed through the framework of the criminal justice system.
To give yourself or a loved one the best possible chance of navigating the legal system, make sure you give the expert team at Mitchell and Co Lawyers a call on (02) 8507 2091.
We are experienced and dedicated specialists in criminal law and we will give you the specialist advice that you need to ensure that an extremely stressful and difficult time, is handled with care, diligence and professionalism – and with a focus on achieving the best outcome in the circumstances.
What is an AVO in NSW and how does it affect me?
There are two types of AVO in NSW, the Apprehended Domestic Violence Order (ADVO), and Apprehended Personal Violence Order (APVO) but to save time, most people still just refer to them as AVOs.
Stop & Search Police Powers in NSW
If you’re stopped and you’re not sure why, you should ask the police officer why you’ve been stopped. Be polite and ask for the officer’s name and place of duty, as well as why they’re stopping you (and searching you if they have indicated they are going to do so). Record, the interaction, or have a friend record the interaction for you. Do not consent to police searching you, a lot of times police know they probably don’t have enough to stop and search you but will stop you to say hello and then ask you to comply with a search. A stop and search that you have voluntarily complied with in most cases would be found to be legal.
Arrests in NSW
The powers of arrest in NSW are an important tool for police but they are strictly dictated by law. The powers should be exercised with caution and as a last resort on each occasion. If you get arrested, don’t resist, and make note of everything that happens. Ensure that you exercise your right to silence and make sure you tell the police “I don’t wish to answer any questions until you and I have spoken to my legal representatives”.
If you find yourself in an arrest situation, make sure you get in contact with the expert team at Mitchell & Co. Lawyers as soon as possible. We are available 24 hours a day on (02) 8507 2091 or info@mitchellandcolawyers.com.au
Change in Classification of Psychadelic Drugs
On 1 July 2023 the Therapeutic Goods Administration (TGA), Australia’s medicines regulator, has downgraded the classification of two popular psychedelic substances: MDMA (3,4-methylenedioxy-methamphetamine), commonly known as ecstasy; and psylocibin, the active ingredient in ‘magic mushrooms’.
Filming Police in NSW
In short, you are allowed to film police who are performing their duties. Keep in mind that this does come with some important exceptions.
Filming police who are effecting an arrest, intending on stopping and searching you or your friends, or other incident response in a public place, may help you out of a tough legal situation if things go wrong. This article isn’t suggesting that police will actively try to do the wrong thing or be untruthful, but it is important that you protect your legal interests when interacting with police.
If you are able to get good photos or a video of the entire uninterrupted interaction, this may support any defence case that arises or even support proceedings against the police if necessary and appropriate.
You are not only allowed to record the interaction but also you can record the conversation you have with police in a public place; however, we recommend letting them know you are recording to avoid any issues. Note that this does not apply to recording phone conversations with the police, which is generally against the law.
Daily Telegraph reports - Sexual assault charges withdrawn against Alexandru Todicescu… All nine of the charges were dropped and withdrawn at Hornsby Local Court.
All nine charges against Mr Todicescu were subsequently withdrawn and dismissed by the Court from orders made by Magistrate Jennifer Atkinson.
Mr Todicescu’s lawyer, Gerard Mitchell said the 83-year-old had co-operated with police at each stage of the investigation.
“He waived his right to silence from the outset and gave truthful and honest answers to police protesting his innocence in relation to all allegations from his first interaction with them,” Mr Mitchell said.
Mr Mitchell said his client had been through an ordeal after the serious charges were laid.
“For a man of his age, standing and good character, the process was both highly stressful and embarrassing for him and his family,” Mr Mitchell said.
“He is extremely relieved that justice has prevailed and hopes to now be able to return to his normal life.”
We have moved
Come and see us at our new criminal law offices located in Kogarah. Plenty of street parking. Book to see one of the best solicitors in Sydney to help you through your criminal or traffic law case.
New NSW driver disqualification laws
The best lawyer for disqualified drivers in NSW Is Gerard Mitchell. If you need to attend court we can help you fight to get your driver license back.
