Legal barriers can be annoying, mainly for folks who are new to a foreign country. A range of experienced attorneys are committed to growing recognition of the legal rights of non-citizen residents in Australia who are facing criminal charges. This blog provides essential legal guidance from Parramatta criminal lawyers to assist non-citizens facing criminal charges or other legal challenges.
1. Seek Legal Representation Immediately
The first and the most important is to turn to a criminal lawyer who has previously worked with foreigners. Australian criminal law is complex, but a legal lawyer is well-equipped to help you on matters related to the commencement, defence and protection of your rights.
2. Understand the Impact on Your Visa
Foreigners must clearly understand the immigration consequences of a criminal conviction, and an experienced attorney should be consulted to assess their immigration status. This may lead to visa cancellation or deportation or refusal to allow entry in future visas if permitted, depending on the type of offence committed and the consequent penalty.
There are also character restrictions at the Australian Department of Home Affairs, and any criminal record can significantly impact an individual’s chances of obtaining a visa to reside in Australia.
It is highly advised to talk to your attorney and another immigration law expert to ensure you understand your visa’s demerits and your status in the country.
3. Be Aware of Your Right to an Interpreter
In legal processes, regardless of your ability to speak or understand English as a second language, you have the right to an interpreter. This would let you know the specifics of charges preferred against you, a process in court, and the consequences of going to court.
To achieve this, asking for an interpreter is essential, and you should not leave any crucial information by guessing when it can determine your verdict.
4. Know the Bail Conditions
Consequently, anyone released on bail should ensure they comply with all the conditions set by the court if granted bail. Violating these bail conditions can further result in additional charges, complicating your legal situation and potentially increasing the risk of deportation. Each condition should be understood, as failing to comply may have serious consequences.
Throughout the process, your lawyer will guide you to ensure complete comprehension of the applicable provisions, safeguarding your rights and interests without risk.
5. Character Test and Visa Cancellation
The Australian Government has a ‘Character Test’ that applies to all people holding different visa types in Australia. If you commit a crime and fail this test, your visa will be cancelled. There is no second chance. The test considers:
- Whether you have a substantial criminal record (usually defined as a sentence of imprisonment for 12 months or more).
- The seriousness of the offence.
- Whether your presence in Australia poses a risk to the Australian community.
Understanding this test and how your case could trigger a visa cancellation is vital. If your visa is at risk, your lawyer can assist in preparing a submission to prevent cancellation, depending on the circumstances.
6. Attend All Court Dates
Any court summons should always be addressed, regardless of one’s role in any legal proceedings. Failure to appear for any court hearing attracts other charges, and the bench issues arrest warrants and jeopardises the defence. It would help to learn when and where your hearings are and ensure you arrive on time with your lawyer.
The absence from a court session can also impact your immigration status in ways that may lead to additional legal consequences. Prioritising attendance helps protect your rights and interests throughout the process.
7. Consider Mitigating Factors
Your attorney can explain circumstances that might lead the court to impose lenient action, resulting in a lighter punishment for you. Other mitigating factors may include having no prior legal record as a client and failure to fulfil family and social responsibilities.
Although it may be distressing for the accused to hear, they might feel some degree of guilt for the offence committed. Highlighting your contributions to the community in Parramatta or elsewhere in Australia could also help mitigate the consequences.
8. Post-Conviction Consequences
If you are found guilty, you need to know that any criminal act, no matter how petty, may well mean a lifetime as a criminal. This may lower your chances of obtaining a visa, for example, as a permanent resident or a citizen. Convictions also limit mobility to other countries; this conforms with the nature of the crime committed by an individual to qualify for the entitlement.
9. Appeal and Review Options
You can contest your case if you believe your appellant’s conviction or sentence was incorrect. When you file a lawsuit, seek a legal lawyer, as they can advise you on the case’s chances and other procedures in an appeal.
However, the necessity to appeal should be emphasised because appeals are time-sensitive according to the court system’s rules, which can affect the likelihood of a successful appeal.
10. Avoid Self-Incrimination
When interacting with police officers, it is prohibited to discuss matters without contacting your attorney first. Indeed, even a calm statement, no matter how genuine, can be misinterpreted and potentially used against you in a trial.
So, when dealing with such authorities, it is always wise to invoke your constitutional right to remain silent until your lawyer advises you otherwise.
Final Thoughts
If you are a non-citizen involved in any criminal matter in Parramatta, you must be very keen and find a lawyer immediately because time runs out. Regarding the general principles of immigration and criminal law, it is possible and reasonable to avoid undesirable outcomes that might take place during the process.
Engaging professional Parramatta criminal lawyers can greatly assist in effectively resolving such complex matters and issues, allowing you to pursue the best outcome in your legal case and immigration concerns while aiming to improve yourself alongside your loved ones.
