When the police conclude an investigation, the officer responsible—known as the informant—will compile a brief of evidence. This brief is then reviewed by a more senior officer, usually a sergeant, who determines whether to initiate legal proceedings against you. If proceedings are initiated, the informant files charges with the Registry of the Magistrates’ Court, which sets a court date and serves the charges on you.
If you are reading this, it likely means that you or someone close to you has been charged with a criminal offence. It is important to understand that being charged does not equate to being convicted. It is strongly advisable to engage an experienced criminal lawyer who can assist you in understanding the charges, possible outcomes, and your available options.
A skilled criminal lawyer will help you comprehend the case against you, identify any potential defences, navigate the court process, and guide you toward the best possible outcome given the evidence and your personal circumstances.
Being Charged with an Offence
In Victoria, police officers have broad powers if they suspect a person has committed or is about to commit an offence. For example, under the Drug Poisons and Controlled Substances Act 1981 (Vic), police can search a person or their vehicle if there are reasonable grounds to suspect drug-related offences. Discovery of illegal drugs or related criminal activity during such a search typically leads to arrest and subsequent charges.
Additionally, police can arrest individuals suspected of committing indictable offences for interviews and questioning purposes.
It is crucial to seek legal advice before participating in any police interview. Police may contact you to attend a station voluntarily or may arrest you for questioning. When given the opportunity to attend voluntarily, you should take full advantage of obtaining legal representation beforehand. An experienced criminal lawyer will explain your rights, including your right to remain silent, and advise you on whether to provide an account or not. Any statements you make can be used as evidence in court, so having a clear strategy prior to the interview is essential.
If you are charged, police will provide you with a charge sheet detailing your offences. It is vital to read this document carefully, paying close attention to your court attendance date. Ignoring this can result in a warrant for your arrest and potentially additional charges.
Summary Offences vs Indictable Offences
Your criminal lawyer will clarify whether you are charged with a summary offence, an indictable offence, or both.
Summary offences are less serious, typically dealt with in the Magistrates’ Court under the Summary Offences Act 1966 (Vic). Penalties vary, with the maximum imprisonment for a summary offence typically up to two years. Examples include:
- Careless driving;
- Drink driving;
- Unlawful assault;
- Wilful damage;
- Offensive behaviour in public.
Indictable offences are more serious and generally heard in higher courts such as the County Court or Supreme Court under the Crimes Act 1958 (Vic). Maximum penalties range from five years to life imprisonment, depending on the offence. Examples include:
- Murder;
- Aggravated burglary;
- Indecent assault;
- Theft;
- Trafficking in a drug of dependence;
- Negligent driving causing serious injury.
Being Charged and the Question of Bail
Upon being charged, a person may be remanded in custody for several reasons, including:
- The seriousness of the offence;
- Requirements under the Bail Act 1977 (Vic) mandating a judicial officer to determine bail eligibility;
- Perceived risks such as failure to appear in court, committing further offences, interfering with witnesses, or endangering community safety.
Given the potential loss of liberty, it is essential to have an experienced criminal lawyer who can advise you and your supporters on the best approach to securing bail and what factors the court considers during bail applications.
Criminal Lawyers in Melbourne
Facing criminal charges, especially indictable offences, is a serious matter. Court procedures can be complex and overwhelming, particularly for first-time defendants. Engaging an experienced criminal lawyer early is crucial to protecting your rights and building an effective defence.
At Stary Norton Halphen, our lawyers specialise exclusively in criminal law. After thoroughly reviewing the evidence, we will advise you on whether you have a viable defence and guide you in preparing and conducting it. If a defence is unavailable, we will work to achieve the lowest possible penalty by negotiating plea deals, advising on plea materials, and recommending rehabilitative courses to strengthen your case during sentencing.
If you have been charged and require dedicated criminal lawyers in Melbourne, contact the team at Stary Norton Halphen to discuss your case and protect your future.
For further information about What to Look for in a Lawyer, please visit our Lifestyle category.
Frequently Asked Questions (FAQs)
- What should I do if I am contacted by police for questioning?
- You should seek legal advice immediately before attending any police interview. An experienced criminal lawyer will advise you on your rights and help you decide whether to provide a statement or remain silent.
- What is the difference between a summary offence and an indictable offence?
- Summary offences are less serious crimes tried in the Magistrates’ Court, usually carrying lighter penalties. Indictable offences are more serious crimes that are typically heard in higher courts with potentially harsher penalties.
- Can I be held in custody after being charged?
- Yes. Depending on factors like the seriousness of the offence and risk concerns, the court may remand you in custody. Your lawyer can advise and assist with bail applications to secure your release while awaiting trial.
- Why is it important to hire a criminal lawyer as soon as possible?
- Early legal representation ensures you understand the charges, your rights, and the legal process, allowing for effective defence planning and the best possible outcome.
- What happens if I do not attend my scheduled court date?
- Failing to attend court can result in a warrant being issued for your arrest and may lead to additional criminal charges.
