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Criminal Law, News

What should you do if you are charged by the police in Australia?

14
Aug

If you are facing charges from the police in Australia, it is essential to know the correct steps to take in order to effectively protect your rights and avoid any actions or statements that could worsen the situation.

How to confirm if you are being charged?

In Australia, whether the police decide to charge someone usually depends on two main factors: if they have enough evidence to prove that you committed a crime and if arresting you would help keep the public safe.

Once the police decided to charge you, they will usually notify you by phone or mail, detailing the specific charges against you.

What happens if you are formally charged?

You will receive a “Charge Sheet,” which will include the following:

  • The specific law(s) you are accused of violating
  • A brief description of your alleged actions
  • The date and location where you must appear in court

What should you do upon receiving a charge sheet?

Your response after receiving a charge sheet will depend on the severity of the charges.

Depending on the circumstances, you may only need to appear in court at the specified time, or you may be detained until the trial. If conditions permit, you can also apply for bail. (Continue reading: What to do if the police detain you?)

Here are the steps you should take:

  • Carefully read the charge sheet to ensure you fully understand the charges and their legal basis.
  • Contact an experienced criminal lawyer as soon as possible. They can provide you with professional legal advice and begin preparing evidence that may be beneficial to your case, such as witness statements or relevant documents, or negotiate with the prosecutor.
  • The charge sheet will clearly state the time and location of your court appearance, and you must attend on time. Failure to appear can result in serious legal consequences.
  • Familiarise yourself with every step from the initial hearing to the trial, and follow your lawyer’s advice to ensure you are well-prepared for each stage.

What happens when you appear in court?

At your first court appearance, you generally have the following options:

  • Request an adjournment: If you need more time to seek legal advice, you can request to postpone the hearing.
  • Plead guilty: If you do not contest the charges, you may choose to plead guilty.
  • Plead not guilty: If you believe you are innocent, you may choose to contest the charges.

(Continue reading: Do all criminal charges result in a criminal record?)

Each choice will have different impacts on your case, so there is no one-size-fits-all option. To ensure your rights are fully protected, you should consult a professional criminal lawyer before making any decisions to obtain legal advice tailored to your specific situation.

If you have received a charge sheet, please contact us immediately. Our criminal lawyers can assist you in resolving your legal issues.

*Disclaimer: The above content is provided as general legal knowledge and should not be taken as specific advice for your individual situation. The law is complex, and we strongly recommend consulting professional legal advice. Canaan Lawyers shall not be held liable for any loss or damage caused by the information contained or omitted in the above content.