24 HOUR EMERGENCY SPECIALIST SERVICE :

Access to an accredited criminal law specialist, with over thirty years experience, in emergency situations for advice and assistance

Watsons offers an emergency 24-hour service. Clients can reach an accredited specialist criminal lawyer at anytime of the day or night including weekends. The number is (02) 9283-0333. Contact this number and a lawyer will respond.

ARREST, SEARCHES, POLICE INTERVIEWS

Attendance at
arrests
police interviews
execution of search warrants
ICAC, National Crime Authority, Australian Federal Police,
NSW Crime Commission, Royal Commissions

Searches take place at all hours. As the firm provides a 24-hour, 7-day service, a solicitor will promptly attend at a client's premises or at a police station, when necessary. Experience shows that clients often act to their disadvantage during the initial period of contact with police or investigative bodies. Many clients by their conduct, admission or explanation, limit or preclude defences that would otherwise be available. An inexperienced and frightened client, who tries to talk his or her way out of trouble, may achieve the opposite. It is vital that specialist legal advice protects the client's rights from the outset. While the need for such advice may be apparent in the case of arrest, search warrant or investigation, it is equally important when the client is asked to participate in a voluntary interview or to assist the police with an investigation or with their enquiries.

BAIL APPLICATIONS

preparing bail applications - Local Court, Supreme Court, and pending Appeal
obtaining evidence of securities, calling witnesses,
implementing security for bail eg mortgages

The nature of many charges will cause the client to be taken into custody, with bail initially refused at the police station and later opposed at Court. The client's prospects of retaining liberty can be considerably improved by skilful management and assertion of the clients rights in the period immediately after their arrest and by effective preparation and presentation of a bail application.

RETAINER, CONFER WITH CLIENT AND WITNESSES

arrange retainer for representation
establish facts
analyse legal issues
advise
obtain evidence from client and witnesses
report developments
visit clients in custody

Click here to view a copy of the firm's Costs Disclosure and Retainer Agreement.
The firm acts as soon as retained to prepare and advance the client's interests. These are best served by identifying the issues in the case, ensuring that evidence is obtained and preserved to answer the charge(s), and by ensuring that full communication enables the client to understand those issues and what needs to be done to mount a defence, or to achieve the best outcome on sentence.

OBTAINING EVIDENCE

obtain documents from Police, Director of Public Prosecutions, National Crime Authority, NSW Crime Commission , ICAC
prepare, issue and call on subpoenas

Whilst the procedure for the conduct of criminal cases may vary between jurisdictions, common to all cases involving prosecution for a criminal offence is the requirement for the prosecuting body to disclose its case to the defence by serving written statements of the evidence of proposed witnesses and copies of proposed exhibits where practicable to provide copies, or making these available for inspection where it is not practicable to copy them. However these rules do not apply to hearings before investigative organisations such as the NCA and NSW Crime Commission, where the focus is on obtaining evidence for use in later prosecutions. Some information can be obtained by appropriate enquiries, and advice then given. In prosecutions, the use of carefully drafted subpoenas to produce records is one of the most significant means by which the defence can obtain additional information the prosecution has failed, or does not wish, to disclose.

STRATEGIC ADVICE

advice to client on plea, evidence, jurisdiction and if requested, choice of counsel

It is not always appreciated that the client may have rights to influence the selection of jurisdiction in which a prosecution is brought, or what limitations apply to procedure and maximum penalties dependant on the jurisdiction selected, or the plea entered. As a rule the Local Courts can impose far lower sentences than are available (and imposed) if the case is finalised in a superior jurisdiction such as the District Court. Timely discussions with the prosecuting authority may save cost, delay, and bring about a more satisfactory result. In those cases where a plea of guilty is appropriate, significant discounts are available in sentence if the plea is entered at the first proper opportunity, and further discounts may be available for cooperation with the authorities, although there are always other considerations if this course is being contemplated. The firm provides representation through in house advocacy, and, where a client specifically wishes to have the services of another advocate, will recommend and brief accordingly.

PROCEEDS OF CRIME

advice on applications to release funds for living and legal expenses
preparation of financial affairs statements
opposing property forfeiture and pecuniary penalty orders
applications to exclude property from restraining orders
representation in examination proceedings.

State and Federal legislation provides for the seizure, restraint and forfeiture of assets as part of a policy directed to the preservation and recovery of proceeds of crime. The procedural steps taken by law enforcement bodies makes this a complex area. Restraining orders, initially obtained ex parte, impinge on the client's ability to operate bank accounts, borrow monies and to deal with or dispose of assets. In turn this restricts the client's ability to provide for self and family and to retain a legal defence team of choice. Any prospect of assets forfeiture or financial penalty calls for specialised advice from experienced practitioners as early as possible in proceedings.

PREPARATION FOR HEARINGS

procedural steps
orders for service of prosecution brief
reading and analysis of prosecution evidence for client
applications to cross examine witnesses
liaising with witnesses
personal appearance or briefing counsel
drafting affidavits, subpoenas, motions
researching law
correspondence, telephone and personal communication with prosecutors

Watsons have many years experience in defending clients against a wide range of charges, from dishonesty involving modest sums to major fraud involving hundreds of millions of dollars, and in drug offences ranging from possession of small quantities for personal use to charges involving quantities measured in tonnes. Cases handled over many years span cultivation, manufacturing, importation, trafficking, supply of drugs and conspiracies to do these. Our experience has provided the firm with a depth of knowledge and expertise not available to the inexperienced.

The management of these cases has included representation in confiscation proceedings under the Proceeds of Crime and Criminal Assets Recovery Legislation. The establishment of the Fraud Enforcement Agency and staff allocation levels by Commonwealth and State Directors of Public Prosecutions confirms that investigative bodies and prosecutors are increasingly focusing on commercial and corporate fraud, money laundering and other white-collar offences. Endeavours to recover claimed proceeds of white-collar crime are also increasingly prominent.

Because of the procedure, burden and standard of proof in criminal cases differs from civil or commercial litigation, the approach taken by criminal law practitioners is also different. For example, a client may expect that lawyers will satisfy an investigating body of the client's innocence or curtail the investigation by promptly providing information. In practice this is rarely the case, although some recent developments are tending towards defence disclosure at an early stage. This disclosure of material to the police and prosecuting authorities may limit the client's defences or enable the prosecution to anticipate them, and requires careful evaluation.

HEARINGS, TRIALS, APPEALS, SENTENCE

personal appearances at hearings before National Crime Authority, ICAC, NSW Crime Commission, and before all courts and tribunals and commissions of enquiry.
instructing counsel when requested
advice in relation to trials, sentence, reviews and appeals

Watsons provides advice to clients and personal representation in both public and private hearings before National Crime Authority, the Independent Commission Against Corruption, the Crime Commission and other Royal Commissions, with their coercive and investigative powers. Watsons represented a number of clients at the Building Industry Royal Commission, at the Royal Commission into Police Corruption in New South Wales, and has an extensive network of skilled advocates at the bar to supplement the needs of its clientele, when further opinions or specialised skills are required.

EXPERT EVIDENCE

arranging forensic and expert evidence eg chemical analysis, handwriting, fingerprint, DNA, voice identification, pathology
medical and psychological assessments

Increasingly the prosecution of criminal cases may involve issues calling for the defence to have expert witnesses able to provide qualified opinions in areas of forensic scientific expertise, whether DNA testing, handwriting analysis, ballistics, voice identification by spectrographic analysis, pathologist reports on cause of death, drug analysis or a host of other disciplines. Frequently evidence is sought from psychiatrists and psychologists to support and assist in the presentation of a defence case on plea of guilty.

CLIENT LIAISON AND ADVICE

informing client of developments in case and the law
communication with client by telephone calls, letters, e-mail and advice

All clients wish to be kept informed and to be consulted on a regular and timely basis. They wish to understand what to expect in order to prepare for the running of the case and possible outcomes. We are committed to fostering communication and encourage our client's to contact us whenever necessary they wish. We report to clients by all methods to suit the clients needs, whether in person, by telephone or written format, providing advice when relevant.

TECHNOLOGY

Latest Internet and legal research technology including use of databases, litigation support, text retrieval, internet research subscriptions, unreported judgments and subscriptions, Lawpoint, Casebase, Sentencing Information Systems.

Watsons has an on-going commitment to the best of new technology and the latest in communications. Watsons' office has a fibre optic network of Pentium III Personal computers linking every professional and support member of the team. The extensive software includes Lotus Notes, Open Practice (computerised accounting) litigation support linked with scanning and imaging. For clients with a home computer and a modem, Watsons has facilities to store and transfer data electronically.

The firm's library/resource centre provides a comprehensive up-to-date range of law reports, legal practice services, textbooks and reference works together with access to on-line legal databases.

CONSULTANCY SERVICES

Consultancy to other law firms requiring specialist criminal law advice and/or representation for clients

The firm represents clients on referral from other firms throughout Australia and overseas, appears in other States and Territories and consults to practitioners in Australia and Overseas. When on the ground assistance is needed interstate we are happy to provide referral to other local qualified lawyers, or to travel as necessary.