First, make sure you know exactly what you have been charged with. Next, consult a lawyer who handles your type of case. (Even if you have not yet been charged, don’t hesitate to contact a lawyer.) A local lawyer is the best choice, as he or she will know the personnel involved, the local procedures, and the court schedules.

Know Your Rights

A good criminal lawyer will educate you about your legal rights. He or she can help you to understand the full ramifications of the charge. A lawyer can advise whether or not the police can hold you without bail, and what duties the police have to prove the charge against you.

A lawyer will also advise you on your right to silence, and whether or not there are any exceptions or special rules that apply in your case. He or she can advocate for an assessment of your personal circumstances (such as whether or not you may have a mental illness that is a mitigating factor.)

Your lawyer will also be able to tell you what you can expect if your case goes to trial, and can prepare you for what the legal consequences may be if the prosecution is able to prove the charges against you. A good lawyer will also be able to tell you what your options are if you are convicted.

Going to Court

In Victoria, there are three court possibilities. Minor charges such as traffic offences, less serious drug offences, or shoplifting under $25,000 are heard at the Magistrate’s Court. The Melbourne County Court hears cases involving serious assault, rape, armed robbery, fraud offences, and serious drug offences. The Victorian Supreme Court hears major drug cases, terrorism cases, and cases of manslaughter and murder. Minor charges are often negotiated with the prosecutor, while serious offences usually go to trial. Make sure that your lawyer has experience with trials if you think that your case is likely to go to court.

Often the matter will require a court appearance known as the arraignment. At this first hearing in a criminal matter, the charges that have been made against you will be read out in open court.  You will then be asked how you plead to the charges.  Your lawyer can advise you whether to plead "guilty" or "not guilty". 

Your lawyer can also help you to navigate such practical matters as letting the court know that you have arrived, and finding the right courtroom. He or she can also advise you on what to wear, how to address the judge, and on what to say and what not to say.

Consequences of Criminal Conviction

Clients should not wait until they have been charged with a crime! An ignorance of the legal system and questioning procedures can have a detrimental effect on a case or the police’s perception of guilt. Saying the right thing simply in the wrong way can land you in hot water during a criminal investigation. Connect with an experienced criminal lawyer who knows the Melbourne and surrounding areas well. As you can well imagine, there are several consequences of being found guilty of a crime.

·        A conviction made without appearing on a record

·        Monetary fines that require payment

·        Completing a term of community service or participating in courses or counselling as part of a rehabilitation program

·        A home detention or restrictions in your movement

·        Jail sentence

·        A combination of the above consequences

Criminal convictions can have a lasting impact on your way of life. A criminal record can impede employment, as you would have to disclose any convictions as a requirement of hiring. Records can also have a detrimental effect on the ability to retain custody of children, (depending on the severity of the charge.) Before speaking on your own behalf, reach out to a criminal lawyer in Melbourne who can make the best defense for your case.