What to do if you’re charged with a crime

1

• Do not resist arrest or become aggressive
• Politely assert your right to silence: you only have to provide your name, address and date of birth
• Ask: am I free to go or am I under arrest?

• You have the right to speak to a lawyer without delay and in private
• Ask to contact your lawyer or request a duty lawyer if you don’t have one

• If Police ask to search you, your car, or your home, ask if they have a search warrant
• You do not have to consent to a search unless Police have:
  • A warrant, or
  • A lawful exception applies (e.g. arrest, reasonable grounds)

• Don’t give a statement or answer interview questions without speaking to your lawyer
• Anything you say can be used in court – even informal comments

• You may be held in custody until a court appearance – ask your lawyer about bail options
• Bail may be opposed depending on your criminal history, type of charge or risk factors

• Make sure you know:
  • What you’re charged with
  • When and where your court appearance is
• Dress neatly and show respect in court

• You will usually need to enter a plea (guilty or not guilty)
• Don’t plead guilty just to “get it over with” – discuss all consequences with your lawyer first, including:
  • Sentencing ranges
  • Diversion (if available)
  • Criminal record implications
  • Immigration issues (if not a citizen)

• Your lawyer needs to know everything to build the best defence or mitigation case
• Prior convictions may impact:
  • Bail applications
  • Sentencing outcomes
  • Eligibility for diversion or discharge without conviction

• For repeat offenders or those with substance abuse/mental health issues, early voluntary steps can help:
  • Anger management
  • AOD programs
  • Counselling or reports

• Bail breaches are taken seriously and can lead to re-arrest or remand in custody
• If your situation changes (e.g. need to move), contact your lawyer immediately to undertake a bail variation

• Do not miss any court appearances. Failure to appear can lead to a warrant for your arrest
• Keep in touch with your lawyer and update them on any changes in your contact details

• Avoid talking about your case online
• Posts or messages can be used as evidence against you

• Diversion may be available for minor offences, especially if you:
  • Take responsibility
  • Have no criminal history
  • Are willing to apologise or pay reparations
• Discharge without conviction may be an option if conviction consequences outweigh the seriousness of the offence

• Take steps to prevent reoffending (e.g. attend programs, support services)
• A criminal charge is serious – use this as an opportunity to seek support and avoid future issues