Being charged with an offence, or even being asked to come in for a police interview, is stressful and the decisions you make early can matter a lot. Here's how criminal matters work in Australia, and the criminal lawyers we list in each city.
Criminal lawyers by city
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How criminal law works in Australia
Most criminal law in Australia is state and territory law, so the offences, penalties and court processes depend on where the offence is alleged to have happened. Federal offences, like importing drugs or defrauding a Commonwealth agency, are prosecuted by the Commonwealth, and almost all of them are heard in state and territory courts.
Almost every matter starts in the Local Court or Magistrates Court. Less serious charges are finished there, by a magistrate. More serious charges can be sent up to the District or County Court, or the Supreme Court, where they may be heard by a judge and jury. Some places, including Tasmania and the Northern Territory, don't have a middle court, so serious matters go straight to the Supreme Court.
When to call a criminal lawyer
- Before a police interview. This is often the point where advice makes the biggest difference.
- As soon as you're charged or receive a court attendance notice, so there's time to look at the evidence before your first court date.
- If you've been refused bail, or need bail conditions changed.
- When your licence, job or visa is at risk. A conviction can affect all three, and a lawyer can tell you what outcomes are realistic, including whether a non-conviction outcome is possible.
What to ask before you hire one
- How often do you appear in the court my matter is in? Local knowledge of magistrates and prosecutors is useful.
- Who will actually run my case? And who will appear in court on the day.
- What will it cost, and is that a fixed fee? Ask what happens to the cost if the matter goes to a hearing or trial.
- Does anyone at the firm hold specialist accreditation in criminal law? It's offered in several states, including through the Law Society of NSW and the Queensland Law Society.
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Criminal lawyers: common questions
Do I have to answer police questions?
Generally you have to give police your name and address when they ask in certain situations, but you don't have to answer other questions. Anything you say can be used as evidence. It's almost always worth speaking to a criminal lawyer before a police interview, and most firms will take an urgent call.
What's the difference between a summary and an indictable offence?
Summary offences are less serious and are dealt with by a magistrate in the Local or Magistrates Court. Indictable offences are more serious and can go to a higher court, sometimes before a jury. Some indictable offences can still be finalised in the lower court, which usually means a lower maximum penalty.
Will I get a lower sentence if I plead guilty?
Courts generally give a discount for a guilty plea, and the earlier the plea the bigger the discount tends to be. Whether to plead guilty is a big decision though, and a lawyer should look at the evidence against you first.
Can I get legal aid for a criminal charge?
Legal aid commissions fund many criminal matters, especially where you could go to prison, though there's a means test and a merit test. Duty lawyers at the Local or Magistrates Court can also help on the day of your first appearance, free of charge.
How much does a criminal lawyer cost?
It depends on the charge, the court and whether you plead guilty or go to trial. Many firms offer fixed fees for common matters like a guilty plea in the lower court, and charge by the hour or by stage for trials. Ask for a written estimate before you commit.
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