How to Choose a Criminal Defence Lawyer in Sydney (and What It Costs)
Speak to a criminal defence lawyer as soon as you know police want to talk to you, or as soon as you’re charged, and before you give a police interview or enter a plea. Choose a lawyer who practises criminal law every day, appears regularly in the court your matter is in, explains your options plainly and tells you in writing what it will cost. In NSW, lawyers must give you written information about how their fees are calculated and an estimate of total costs once costs are likely to go above $750. If you can’t afford a private lawyer, Legal Aid NSW and court duty solicitors may be able to help.
This page is general information, not legal advice. Every case is different. Speak to a lawyer about your situation.
Do you need a criminal lawyer?
Not every brush with the law needs a lawyer, but more do than people expect. A criminal conviction can affect your job, your licence, your travel and your visa, so getting advice early usually costs less than fixing a problem later.
You should get advice if:
- Police have asked you to attend an interview or “have a chat”
- You’ve been arrested or charged, or received a Court Attendance Notice
- You’ve been served with an AVO application
- You’re charged with a drink or drug driving offence, or any offence that could affect your licence
- You’ve been refused bail, or need to change your bail conditions
- The charge could lead to a criminal record, even if it seems minor
- You’re not an Australian citizen. A conviction can affect your visa
- You work in a job that needs a licence, security clearance or a Working with Children Check
“It’s only a minor offence”
Many people represent themselves for minor matters, and sometimes that’s fine. But the outcome of a “minor” matter can still matter a lot. For example, whether a conviction is recorded can make the difference between a clean record and a record that shows up on police checks for years. A lawyer can tell you whether a non-conviction outcome, such as a section 10 dismissal, is realistic, and how to present your case to give yourself the best chance. See our guide to section 10 dismissals.
When should you contact a lawyer?
As early as possible. The most useful time to speak to a lawyer is usually before anything happens: before a police interview, before you plead and before your first court date.
- Before a police interview. In most cases you have the right to remain silent, and what you say can be used as evidence. A lawyer can advise you whether to take part in an interview at all. See your rights when dealing with police.
- Before your first court date. Early decisions, like whether to plead guilty or not guilty and whether to ask for an adjournment, affect the outcome.
- Straight away if you’re in custody. Bail decisions happen fast. See our guide to bail in NSW.
Getting advice early also gives your lawyer time to gather evidence, talk to the prosecution and, where appropriate, negotiate on the charges before your matter is listed for hearing.
What does a criminal defence lawyer actually do?
A criminal defence lawyer’s job is to protect your legal rights and get the best realistic outcome for you. Day to day that means:
- Advising you on the charge, the evidence, your options and the likely penalties
- Reviewing the brief of evidence and identifying weaknesses in the prosecution case
- Negotiating with police or the DPP to withdraw or downgrade charges, or amend the facts
- Applying for bail or changes to bail conditions
- Representing you in court at mentions, hearings, sentencing and appeals
- Preparing sentencing material, such as character references, reports and evidence of rehabilitation
- Briefing a barrister for complex trials, if needed
Your lawyer’s duties
Your lawyer works for you, but also owes duties to the court. That means they can’t mislead the court, even on your instructions. What it doesn’t mean is that they have to “believe” you or that they’ll only defend you if you’re innocent. Everyone is entitled to a defence, and the prosecution must prove its case.
Confidentiality and legal professional privilege
What you tell your lawyer for the purpose of getting legal advice is generally confidential and protected by legal professional privilege. That allows you to be completely honest about what happened, which is what your lawyer needs to advise you properly. There are limited exceptions, for example where communications are made to further a crime or fraud. Ask your lawyer if you’re unsure.
How to choose a criminal defence lawyer
Most people only ever need a criminal lawyer once. These are the things that matter most.
1. Criminal law is all they do
Criminal law has its own procedures, courts and sentencing principles. A lawyer who appears in the Local and District Courts every week will know the process, the prosecutors and the practical options far better than a generalist.
2. Experience with your type of charge
Ask how many similar matters they’ve handled: drink driving, drugs, assault, AVOs, fraud or whatever your charge is. Ask what outcomes are realistic for someone in your position. A good lawyer will give you an honest range, not a promise.
3. They explain things clearly
You should leave your first meeting understanding the charge, the possible outcomes, your options and what happens next. If you don’t, ask again. If you still don’t, keep looking.
4. They’re upfront about costs
You should get a clear written estimate before work starts (see below). Be wary of anyone who won’t put fees in writing.
5. They’re honest with you
Beware of guarantees. No lawyer can guarantee an outcome in a criminal case. A lawyer who tells you what you want to hear isn’t doing their job.
6. They’re available
Criminal matters move quickly, especially bail and police matters. Check how you can reach your lawyer, who will actually appear for you in court, and whether there’s an after-hours number.
7. They’re properly qualified
Every solicitor practising in NSW must hold a current practising certificate. You can check a solicitor’s details through the Law Society of NSW, which also runs a specialist accreditation scheme for criminal law.
13 questions to ask before you hire a lawyer
- How much of your work is criminal law?
- How many matters like mine have you handled?
- Who will appear for me in court: you, another solicitor or a barrister?
- What are my options, and what outcome is realistic?
- Is a non-conviction outcome possible in my case?
- Should I plead guilty or not guilty, and why?
- What evidence would help my case?
- Should I get character references or reports?
- How long is my matter likely to take?
- How are your fees calculated, and what is the total estimate?
- Is there a fixed fee for any stage?
- What extra costs, such as barrister’s fees or reports, might there be?
- How and when can I contact you?
How much does a criminal lawyer cost in NSW?
There’s no single price, because criminal matters vary so much. A guilty plea to a first drink driving offence in the Local Court is a very different job from a defended hearing for assault or a District Court trial. The main factors are:
- Which court. Local Court matters generally cost less than District or Supreme Court matters.
- Plea or hearing. A plea of guilty with sentencing submissions involves less work than a defended hearing or trial with witnesses.
- Complexity of the evidence. Phone records, CCTV, expert evidence and multiple witnesses take time to review.
- Whether a barrister is needed. Trials and complex hearings often involve briefing a barrister, which is a separate cost.
- Reports and disbursements. Psychological reports, medical reports, transcripts and court fees.
- Bail applications, especially in the Supreme Court.
Fixed fees vs hourly rates
Many criminal lawyers offer fixed fees for common Local Court matters, like a guilty plea to a traffic or drink driving offence. Larger matters are more often charged on an hourly or stage-by-stage basis. A fixed fee gives you certainty. If it isn’t fixed, ask for an estimate for each stage.
What your lawyer must tell you about costs
In NSW, legal costs are governed by the Legal Profession Uniform Law. According to the Law Society of NSW’s guide to costs disclosure:
- When costs are likely to exceed $750 (excluding GST and disbursements), your lawyer must give you written information about how costs will be calculated and an estimate of total legal costs.
- For matters likely to cost up to $3,000, they can use a shorter standard disclosure form instead.
- They must tell you promptly if there’s a significant change to the estimate.
- You have the right to negotiate a costs agreement, receive a bill and ask for an itemised bill.
- If a lawyer doesn’t comply, any costs agreement can be void and they can’t recover costs until they’re assessed.
If you can’t afford a private lawyer
- Legal Aid NSW provides free legal advice and, if you pass a means and merit test, may pay for representation in criminal matters. See legalaid.nsw.gov.au.
- Duty solicitors at most Local Courts can give advice on the day and may represent you for simple matters such as a plea or a bail application.
- Aboriginal Legal Service (NSW/ACT) provides criminal law help for Aboriginal and Torres Strait Islander people.
- Community legal centres may give free advice.
Even if you plan to represent yourself, it’s worth getting advice first about your plea and the likely outcome. See our guide to representing yourself in court.
What to expect when you first meet your lawyer
- Bring your paperwork. That means your Court Attendance Notice, bail papers, any AVO application, the police facts sheet if you have it, and anything else the police gave you.
- Tell the whole story. What you say is confidential. Your lawyer needs the bad parts as well as the good to advise you properly.
- Expect honest advice about the strength of the case and likely outcomes.
- Leave with a plan: what happens next, what you need to do and what it will cost.
What you can do to help your case
- Don’t discuss the case with police, witnesses or on social media.
- Comply strictly with any bail conditions or AVO.
- Keep every court date. Missing court can lead to a warrant.
- Start gathering character references early if your lawyer recommends it. See our guide to character references.
- If drugs or alcohol played a part, consider getting help now. It may matter at sentence and, more importantly, for you.
Red flags when choosing a lawyer
- Guarantees of a particular outcome
- No written costs information
- Pressure to plead one way before they’ve seen the evidence
- They can’t tell you who will actually appear in court
- Vague or slow answers before you’ve even signed up
The bottom line
Get advice early, ideally before you speak to police or enter a plea. Choose a lawyer who does criminal law every day, explains your options honestly and puts their fees in writing. If cost is a barrier, Legal Aid NSW and court duty solicitors may be able to help.
Essere – The Defenders is a criminal defence firm with offices in Surry Hills and Parramatta. We offer a free first consultation to outline your defence options. Call our 24/7 line on (02) 9283 3033 or book an appointment. You can also read about our lawyers.
Frequently asked questions
When should I get a criminal lawyer?
As early as possible, ideally before a police interview and before your first court date. Early advice gives you the most options and helps avoid decisions that are hard to undo.
How much does a criminal lawyer cost in NSW?
It depends on the court, the charge, whether you plead guilty or defend the charge, and whether a barrister is needed. Many lawyers offer fixed fees for common Local Court pleas. Your lawyer must give you written costs information once costs are likely to exceed $750.
Do I need a lawyer for a minor offence?
Not always, but advice is worth getting. Even minor offences can lead to a criminal record, and a lawyer can tell you whether a non-conviction outcome like a section 10 dismissal is realistic.
Is what I tell my lawyer confidential?
Generally, yes. Communications made to get legal advice are protected by legal professional privilege, with limited exceptions.
Can I get free legal help?
Possibly. Legal Aid NSW, court duty solicitors, the Aboriginal Legal Service and community legal centres provide free or low-cost help, subject to eligibility.
