Kenneth Wilks Criminal and Traffic Lawyer in Newcastle, New South Wales | Criminal lawyer

Kenneth Wilks Criminal and Traffic Lawyer

Locality: Newcastle, New South Wales

Phone: +61 433 901 755

Address: T&G Building, Suite 2E, Level 2, 41-45 Hunter Street 2300 Newcastle, NSW, Australia

Website: https://www.kwlawyer.com.au

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24.01.2022 Have you been charged with a drug offence? There are a number of potential implications of having a drug conviction on your record. A conviction can affect your ability to gain employment in certain fields or travel to certain countries. Depending on the offence it might represent a breach of your current employment contract meaning your employment may be terminated. Drug offences are dealt with under the Drug Misuse and Trafficking Act.... This act is very complex and covers all drug offences from minor offences such as a person caught in the possession of one pill (a small quantity) to large scale drug trafficking. The penalties under the act increase as the quantity of drug increases. There is a table of drugs in the act which states what amount represents a small quantity, a trafficable quantity, a indictable quantity, a commercial quantity and a large commercial quantity. All these charges are serious and this is why the maximum penalty for Possess a small quantity of Prohibited drug is two years imprisonment. Often people do not appreciate the seriousness of these charges. For each drug if you are found with more than the trafficable quantity you are deemed to be supplying the drug. For the prosecution to prove this offence they only need to prove that you had in your possession a quantity equal to or greater than the trafficable quantity and not that you were selling or giving it to others. Depending on the quantity and type of drug, your matter will be dealt with in either the Local or the District Court. If dealt with in the Local Court the maximum penalty for deemed Supply is a fine of $11,000 or two years imprisonment or both (provided the quantity is less than the indictable quantity). If dealt with in the District Court the maximum penalty for deemed Supply is a fine of $220,000 or imprisonment of 15 years or both. Often there is not a huge difference between a small quantity of drug and the trafficable amount which would have you deemed to be supplying. For example, a small quantity of ecstasy is 0.25 grams whereas a trafficable quantity is 0.75 grams. You should therefore obtain legal representation to assist you with your matter. I have extensive experience in this area so give me a call and I can assist you.

22.01.2022 Have you received a Notice of Licence Suspension? Some of the main reasons people receive a Notice of Suspension include: 1. They were caught exceeding the speed limit by more than 30 km/h; or... 2. They accumulated the maximum demerit points allowable; or 3. They have unpaid fines. If you have received a Notice of Suspension your licence will be suspended either for the period of time stated on the notice (if it is a suspension imposed by the Roads and Maritime Services) or until your matter is finalised at court (if it is a suspension imposed by the police). The Notice of Suspension has a few important pieces of information in it including: the suspension period, when the suspension is to commence and conclude and which offences have triggered the suspension. The notice also advises you that you can appeal the decision. Importantly you need to be aware you have 28 days from the date you receive the Notice of Suspension to lodge the appeal. There are some alternatives to lodging a licence appeal for those who hold a full licence or are professional drivers. Given how important a drivers licence is for work and travel, particularly in the Newcastle and Hunter region where there is limited public transport available, my advice is to contact me as soon as possible so we can discuss your options.

19.01.2022 What is the Traffic Offenders Intervention Program? The Traffic Offenders Intervention Program (TOIP) is a community run program for traffic offenders that aims to educate drivers so they can develop positive attitudes to driving and develop safer driving behaviours. The standard course runs for six weeks and consists of a one hour seminar once a week. There are also weekend courses which are completed over one or two days.... When you come before the court for any traffic matter the magistrate will often give you the opportunity to postpone your matter so you can complete the program. Completion of TOIP is one factor the magistrate will take into account when sentencing and, when considered with your other subjective material, may lead to a more lenient sentence. I recommend this course to my clients and also ensure that the relevant information from the course is before the court to assist with the sentence.

14.01.2022 Do you have to answer police questions? When you are arrested by police you have the right to remain silent. This is a fundamental legal right which underpins our legal system. That is, you do not have to say anything to police or answer any of the questions they ask you. When police arrest you, they will ask a number of informal questions before asking whether you want to be interviewed or make a written statement. You do not have to answer their questions, participate in ...an interview or make a written statement. Police cannot force you to give answers, or participate in an interview or make a statement. You need to be aware that anything you say to the police can be used as evidence against you at a later stage. That is, anything you say to police when you are in your house, on the street, in the police vehicle and while waiting to be charged at the station. Police make notes of what is said in their official notebooks which can be used as evidence against you if you are charged. Often police will say that they need to electronically record you stating that you do not wish to participate in an interview. This is not the case. You are able to simply tell them you do not wish to participate in an interview. Police may also say they want to show you CCTV footage or photographs. Again, you do not have to, and if you choose to view those things remember anything you do say can be used against you in court. If you receive legal advice and decide not to participate in an interview or provide a statement, this cannot be used against you in court. There are however some very limited exceptions to this rule. This is why it is important that you obtain legal advice prior to saying anything or making a statement. If you are not able to contact a lawyer prior to being charged my advice is to remain silent until you are able to speak with a lawyer.

03.01.2022 Image supplied by Grant Gerrish