Charged With a Criminal Offence? What Happens Next?

If you have just been charged with a criminal offence, it can feel like a lot starts happening at once.

Police may want to speak with you. You may be given a court date. You may be wondering whether you need to answer questions, what you should say and what happens when you first appear in court.

Our advice is to speak with a lawyer early, particularly before making a statement to police.

The decisions you make at the beginning can matter later.

How quickly should I contact a lawyer?

If you have been charged, we recommend speaking with a lawyer straight away.

That becomes especially important if police want you to provide a statement.

A statement you make may later be used in proceedings, so you should understand your position before deciding what you are going to say.

The police want me to attend an interview. Do I have to go?

You do not necessarily have to participate in a police interview.

If you do attend the police station, you can advise police that you do not wish to make a statement.

If police are questioning you about an alleged offence or you are concerned that charges may be laid, the important thing is to get legal advice before deciding whether to answer questions or provide a statement.

Why does the statement matter?

Your statement does not simply disappear once the interview is over. If you make a statement to police, that statement may be used later if charges are brought or the matter proceeds to a hearing.

That is why we generally recommend receiving legal advice first. You can then make a decision about what to do with a clearer understanding of how it may affect the matter later.

What happens at my first Local Court appearance?

The first court event is generally called a mention. It is an opportunity for the court to work out where the matter needs to go next.

If you have been charged with a criminal offence, you may also be required to enter a plea of guilty or not guilty.

Ideally, you should get advice before that first court date so you understand the charge and know what plea you intend to enter.

What if my court date is coming up and I have not received advice yet?

You may be able to ask for an adjournment. That can give you time to obtain legal advice before entering a plea of guilty or not guilty.

The important thing is not to assume that because you have reached the first court date, you need to make a decision without first understanding your position.

The first step is understanding what you are dealing with

Being charged does not mean you need to have the whole process figured out immediately. There are some early decisions that deserve proper advice. If police want to interview you, understand your position before making a statement. If your first court appearance is approaching, understand the charge and what plea you are going to enter. You do not need to predict every stage of the matter from day one. You do need to know what the next decision is, and what it could mean before you make it.