Australian Lawyers and Advocates

26/08/2026

Daniel Shestowsky represented a client charged with one count of Affray. After engaging in negotiations with the Police Prosecutor and as a result of Daniel's meticulous preparation and advocacy, our client's charge was dismissed without a conviction being recorded despite the offence carrying a maximum penalty of 10 years imprisonment.

A great result for our client!

19/08/2026

Jack Leitner represented a client who was one of four persons charged with stealing ladders from a Sydney Trains construction site. Jack's astute representation involved:

- Reversing our client's previous plea of guilty which was entered whilst he was self-represented and substituting our client's plea to a plea of not guilty.

- Carefully examining the evidence and ascertaining that whilst a number of co-offenders were caught in the act and had pleaded guilty, the case against our client was predicated upon there being a joint criminal enterprise where there were doubts as to whether our client's involvement could be established.

- Having our client's recorded interview with Police excluded from evidence on the basis that Police failed to correctly administer the appropriate caution against self-incrimination, thereby resulting in any admissions made by our client being unlawfully obtained.

- Thorough cross-examination of the key prosecution witness and persuasive submissions in support of our client's case.

At the conclusion of the hearing, the Judge found our client not guilty of the charge of larceny, finding that the prosecution could not prove that our client was involved in a joint criminal enterprise to steal the ladders beyond simply being present at the scene despite the other offenders, who had also been charged, having previously entered pleas of guilty.

Yet another example of doing what we do best!

10/08/2026

Daniel Shestowsky appeared at Burwood Local Court on behalf of a client facing a cultivate prohibited drug charge alongside several possess prohibited drug charges and a possess ammunition charge. As a result of carefully drafted representations to Police, the charge of cultivate prohibited drug was withdrawn and dismissed. After thorough preparation and convincing advocacy, our client's remaining matters were dealt with by way of Conditional Release Orders without conviction. A very happy and relieved client!

09/07/2026

As criminal defence lawyers, it is astonishing how many times we come across a scenario where police caution a suspect that they don't have to say anything, but anything they say can be used in evidence. Most people hear that and still talk.

An individual's right to silence is the most fundamental right in our criminal justice system. No adverse inference can be drawn against an accused person for exercising their right to silence. The onus stays on the prosecution to prove guilt beyond reasonable doubt, not on the accused to prove their innocence. Even seemingly innocent answers can become crucial admissions against an accused, contrary to their own interests.

The right to silence is of paramount importance. Although receiving a caution from the police that you do not have to say anything in an interview is a legal requirement, the conversation pertaining to your right to silence is best held with a lawyer and not with police.

If you've been contacted by police, get advice before you decide whether to speak.

Empower yourself with knowledge of your rights. Our legal team explains the right to silence in NSW, offering clarity and support in navigating the legal landscape.

12/06/2026

It is important to understand the rules around prosecutorial disclosure obligations. Daniel Shestowsky appeared for a client at Waverley Local Court for a hearing in relation to a charge of Larceny. The Police had neglected to serve several items of evidence and failed to conduct a proper investigation. After Daniel pointed out numerous flaws in the case against our client, the Prosecutor attempted in vain to seek an adjournment, which was opposed and subsequently refused. The Police had no choice but to withdraw the matter and the charge against our client was dismissed.

05/06/2026

Double demerit points are in force this June long weekend.

01/06/2026

Verdicts of not guilty secured for our client charged with Stalk/Intimidate and Contravene Apprehended Domestic Violence Order at Parramatta Local Court. Having been previously remanded in custody, our client was freed from prison following his acquittal.

26/05/2026

Jack Leitner's extensive advocacy and cross-examination of prosecution witnesses helped secure not guilty verdicts for our client charged with Act with Intent to Influence Witness and Attempt to Intimidate, with an application for an Apprehended Domestic Violence Order also dismissed. Criminal charges carry significant legal and other consequences. If you are facing a criminal charge, it is essential that you obtain expert legal representation. Contact us to discuss your matter today!

18/05/2026

As a result of Jack Leitner's expert representation, our client's charges of Stalk/Intimidate, Contravene Apprehended Domestic Violence Order, Use Carriage Service to Menace/Harass/Offend and two counts of Contravene Apprehended Domestic Violence Order having twice previously contravened in 28 days were all dismissed and our client diverted pursuant to a mental health diversion. To find out more about mental health diversions visit https://australianlawyersandadvocates.com.au/mental-health-and-cognitive-impairment-diversions-in-nsw/

12/05/2026

Not Guilty! A successful defended hearing at Burwood Local Court today. Thanks to Daniel Shestowsky's meticulous preparation and persuasive advocacy, our client was found not guilty of two charges of receiving stolen property!