Criminal Law
I Have Been Charged With a Criminal Offence: Now What?
Shock hits first. Confusion follows. Fear tends to sit in the background and grow louder at night. Being charged does not mean you are guilty. It means the police say you have committed an offence and the court process now starts. The court decides if you are guilty, not the police.
The charge and the paperwork
Police issue a charge sheet. It lists the offence, the law relied on, and the court you must attend. Check the court name and the date. Missing court creates serious trouble very fast. If you were given bail, the paperwork sets out conditions you must follow. Breaching bail is a separate offence.
Keep every document. Bring them to your lawyer. Do not rely on memory.
Write down what you remember about the incident. Bullet points are fine. Bring this to your lawyer.
The first court date
Your first appearance is called a mention. It usually takes place in the Magistrates’ Court. Higher courts come into play for more serious matters, but most cases begin here.
On this date the court does not decide guilt. The court checks who you are, confirms the charge, and looks at where the case is heading. You may be asked how you plead. There is no rule that requires an answer on day one. Asking for time to get legal advice is normal.
If you do not have a lawyer, the magistrate can still help move things along. That does not mean the court is on your side. The court must process cases efficiently.
Getting the police brief
After charging you, police prepare a brief of evidence. This is a bundle of material they rely on. It may include statements, body camera footage, photos, phone records, or reports.
You cannot make proper decisions without seeing it. Your lawyer requests the brief and reviews it with you. This step matters. Weak cases exist. Strong ones also exist. Guessing helps no one.
Deciding how the case will run
Once the brief is available, choices must be made.
Some people plead guilty early. That can reduce stress, shorten the case, and improve sentencing options. Others contest the charge. That leads to a hearing where witnesses give evidence and are questioned.
These decisions depend on facts, law, and risk. Friends and family mean well, but their advice carries no legal weight. Your lawyer’s role is to explain the options and the likely outcomes, not to tell you what you want to hear.
If you plead not guilty
A contested matter moves through several court dates before a hearing. Timeframes stretch. Police witnesses are booked. Legal arguments are prepared.
On the hearing day, the prosecution must prove the charge. You do not have to prove anything. You may give evidence or stay silent. Silence cannot be used against you. Outcomes vary. The charge can be dismissed. It can also be proven.
If you plead guilty
The court will move to sentencing. This may happen straight away or on another date.
Sentencing looks at more than just the offence. Your background matters. Your work history matters. Prior convictions matter. So do steps taken to fix the damage caused, if any.
Possible outcomes include fines, bonds, community orders, or jail. Many cases do not involve prison. Some do. Honest advice early reduces nasty surprises later.
Appeals and records
Some results can be appealed. Time limits apply. Delay removes rights.
A criminal record can affect travel, work, and licences. In some cases, the court can decide not to record a conviction. That option must be argued properly. It does not happen by accident.
What you should and should not do now
- Do attend court every time
- Do follow bail conditions exactly
- Do speak openly with your lawyer
- Do make an appointment to speak to us
- Do not contact witnesses
- Do not discuss the case online
- Do not assume it will “sort itself out”
This process feels overwhelming at first. It becomes manageable once each step is understood and handled in order. The earlier you get advice, the more control you keep.
Contact our team to arrange a consultation.
This article is general information only and is not legal advice. Every matter turns on its own facts, so call us on (03) 9417 1622 to talk about yours.
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