Being charged with a criminal offence NSW can be confronting, particularly if you have never dealt with the police or courts before. You may be worried about what the charge means, whether you will have a criminal record, what will happen at court and how the matter could affect your work, family or future.
The first thing to understand is that being charged is not the same as being found guilty. A criminal charge is an allegation that will need to be dealt with through the legal process.
What happens next will depend on the offence, the circumstances surrounding the allegation, the evidence, whether bail applies and how you respond to the charge.
After more than 30 years practising criminal law in New South Wales, I know that one of the biggest sources of anxiety for clients is simply not knowing what comes next. Getting clear information early can help you understand the process and make informed decisions about your case.
This guide explains the general steps that may follow after you have been charged with a criminal offence NSW.
This article provides general information only and should not be relied upon as legal advice. Every criminal matter is different.
What happens after you are charged with a criminal offence in NSW?
After you are charged with a criminal offence NSW, you will generally be given documents setting out the allegation and telling you when and where the matter will be dealt with by a court. Depending on the circumstances, you may be released without bail, released on bail or kept in custody until a court considers bail.
Many criminal proceedings begin in the NSW Local Court. More serious indictable matters can ultimately proceed to the District Court or Supreme Court, although they generally commence in the Local Court.
The steps that follow will depend heavily on the type and seriousness of the offence.
You should keep every document you receive from police and carefully check any requirements that apply to you.
What is a court attendance notice?
If you have been charged, one of the most important documents you may receive is a Court Attendance Notice, commonly called a CAN.
A Court Attendance Notice identifies the alleged offence and tells you the court, date and time at which you are required to appear.
It is important to read the document carefully rather than putting it aside until your court date.
Check:
- your name and details;
- the offence or offences listed;
- the court where the matter is listed;
- the date and time you are required to attend; and
- any other documents you have received from police.
You may also receive other documents depending on your circumstances, including a police facts sheet, bail documentation or documents relating to an Apprehended Violence Order (AVO).
Your Court Attendance Notice is not a finding that you committed the offence. It is part of the process used to bring the allegation before the court.
Do I have to go to court?
In many circumstances, yes, you will need to attend court on the date specified on your Court Attendance Notice or bail documentation.
There can be serious consequences for failing to attend.
Depending on the circumstances, a court may deal with a matter in your absence or a warrant may potentially be issued. If you are on bail, failing to attend court can have additional consequences.
There are circumstances where different procedures may apply, including the possible use of a written notice of pleading for some matters. You should obtain legal advice before assuming that you do not need to attend.
If you have been told to attend court, treat that date seriously.
What happens if I am released on bail?
If police release you on bail, you must comply with the conditions imposed on you.
Bail allows a person charged with an offence to remain in the community while their case proceeds, subject to requirements that may be imposed.
Depending on the case, bail conditions can include requirements concerning:
- where you live;
- reporting to a police station;
- contacting particular people;
- attending court;
- consuming alcohol;
- entering particular locations; or
- other conduct relevant to the circumstances.
Do not assume a condition is unimportant simply because it is inconvenient.
If you do not understand a bail condition, obtain legal advice rather than guessing what it means.
If police refuse bail, you may be brought before a court so the court can determine whether bail should be granted. Bail applications can require careful preparation, particularly where police oppose a person’s release.
What should I do with the documents the police gave me?
Keep them together and bring them when you meet your criminal lawyer.
Depending on your matter, these documents may include:
- Court Attendance Notice;
- police facts sheet;
- bail acknowledgement or related documents;
- AVO documents;
- property records; and
- other material relating to the charge.
Your lawyer needs to understand precisely what you have been charged with and what police allege occurred.
One practical step you can also take is to write down your recollection of what happened while events are still fresh in your mind.
Record relevant details such as dates, times, locations, people who were present and conversations you remember having. Do not alter or destroy material that could be relevant to the proceedings.
If there are text messages, emails, photographs, CCTV, receipts or other records that you believe could be relevant, tell your lawyer about them.
What initially appears to be a small detail can sometimes become important once the evidence is properly examined.
Should I plead guilty or not guilty?
This is one of the most important decisions in a criminal case and you should obtain legal advice before entering a plea.
A guilty plea means you accept legal responsibility for the offence. The matter will then proceed towards sentencing.
A not guilty plea means the prosecution will ordinarily be required to prove the charge according to the applicable criminal standard of proof, and the matter may ultimately proceed to a defended hearing or trial depending on the type of offence.
The right plea cannot be determined simply by asking whether you think you “did something wrong”.
The precise charge matters.
The prosecution evidence matters.
The legislation applying to the offence matters.
There may also be factual or legal issues that are not obvious from reading the police allegations.
One mistake people can make when they are frightened or embarrassed is deciding what to do before they properly understand the charge and the evidence.
Obtaining legal advice before entering a plea can help you understand the consequences of each available option.
What happens at the first court appearance?
For many people, their first appearance in the NSW Local Court is much less dramatic than they imagined.
You may hear this first appearance referred to as a mention.
Depending on the case, the court may need to know how you intend to respond to the charge and determine what needs to occur before the matter returns to court.
Your case may not be finalised on the first day.
Depending on the circumstances, there may be issues concerning:
- your plea;
- legal representation;
- obtaining or reviewing evidence;
- bail;
- negotiations;
- further preparation;
- sentencing; or
- setting the matter down for another court date.
More serious criminal charges can involve different procedures and may eventually proceed from the Local Court to the District Court or Supreme Court.
If you are represented, your lawyer can explain what is likely to occur before you enter the courtroom so you are not trying to work everything out on the day.
Will my case stay in the local court?
That depends on the offence.
The NSW Local Court deals with a large number of criminal matters, including summary offences and certain indictable offences that can be finalised in the Local Court.
More serious indictable matters can ultimately be dealt with in the District Court or Supreme Court.
Even these more serious proceedings generally commence in the Local Court before progressing through the relevant criminal procedure.
Your lawyer can explain which court is likely to deal with your charge and what that means for the way your matter will proceed.
What evidence will be used against me?
The evidence varies considerably from one criminal case to another.
Depending on the allegations, a prosecution case could involve:
- statements from witnesses;
- police body-worn video;
- CCTV footage;
- photographs;
- text messages;
- emails;
- telephone or digital records;
- admissions or recorded interviews;
- forensic evidence;
- medical evidence;
- expert evidence; or
- physical exhibits.
It is important not to make assumptions about the strength of a case simply from what is written in a police facts sheet.
A criminal lawyer can consider the charge, prosecution material and surrounding circumstances to identify the legal and evidentiary issues that may need to be addressed.
What if police contact me again?
If police contact you after you have been charged, you should be careful about discussing the allegations without first understanding your legal position.
There can be a significant difference between providing basic identifying information and answering questions about an alleged offence.
If police want to speak to you about the allegations, tell your lawyer about the contact as soon as possible.
Avoid discussing your criminal case publicly or posting about it on social media.
Messages and online material can potentially become relevant evidence. A frustrated Facebook post or message sent in the heat of the moment can create complications that did not previously exist.
What should I avoid doing after being charged?
Being charged can make people feel that they need to immediately explain themselves to everyone involved. That can sometimes create additional problems.
Some common mistakes to avoid include:
- ignoring your Court Attendance Notice;
- missing your court date;
- breaching bail conditions;
- contacting someone when a condition prohibits contact;
- posting about the allegations on social media;
- deleting potentially relevant messages or records;
- assuming the police facts sheet tells the whole story;
- deciding on a plea without understanding the consequences; and
- leaving legal preparation until the day before court.
Early preparation usually gives your lawyer more opportunity to understand the case, identify relevant evidence and explain your options before important decisions need to be made.
Do I need a criminal lawyer?
You are not required to have a private criminal lawyer simply because you have been charged. However, criminal proceedings can have significant consequences and obtaining legal advice early can help you understand what you are facing.
A criminal lawyer can assist by:
- explaining the charge in plain language;
- advising you about the court process;
- reviewing available prosecution evidence;
- identifying legal or evidentiary issues;
- advising you about your plea;
- communicating or negotiating with the prosecution where appropriate;
- preparing a bail application where required;
- preparing your matter for hearing or sentence; and
- representing you in court.
Good criminal representation is not about making unrealistic promises.
It is about understanding the evidence, knowing the law, preparing carefully and giving you realistic advice about your options.
How can I prepare before meeting a criminal lawyer?
You can make the first consultation more productive by gathering the information you already have.
Bring or provide copies of:
- your Court Attendance Notice;
- police documents;
- bail paperwork;
- AVO documents, if applicable;
- correspondence relating to the allegation;
- details of your next court date; and
- any material you believe may be relevant.
It can also help to prepare a simple chronology of what happened.
Don’t worry about trying to make it sound “legal”. Write what you remember in your own words.
After more than 30 years representing people in criminal matters, I have found that careful preparation from the beginning can make the process much clearer for the client. It also allows important issues to be identified before the pressure of an approaching court date.
How long will a criminal case take?
There is no standard timeframe for a criminal case in NSW.
Some matters can be resolved relatively quickly. Others may take considerably longer because evidence needs to be served, legal issues need to be considered, negotiations occur or the matter needs to be listed for a hearing, sentence or trial.
The type of charge, court, complexity of the evidence and whether the charge is defended can all affect the timeframe.
Your lawyer should keep you informed about what is happening, why another court date may be necessary and what needs to occur before then.
Key takeaways
If you have been charged with a criminal offence NSW:
- Read your Court Attendance Notice carefully.
- Know exactly when and where you are required to attend court.
- Follow every bail condition that applies to you.
- Keep the documents provided by police.
- Write down your recollection while events are fresh.
- Preserve potentially relevant evidence.
- Avoid discussing the allegations publicly or on social media.
- Do not rush into a plea without understanding the consequences.
- Consider obtaining criminal law advice as early as possible.
Being charged can be stressful, but you do not have to understand the entire criminal justice system overnight. Focus first on understanding the allegation, your immediate obligations and what needs to happen before your first court date.
Frequently Asked Questions
Does being charged mean I have a criminal record?
Being charged with an offence is not the same as being convicted of an offence. What ultimately appears on your record will depend on how the matter is resolved and the orders made by the court.
What is a Court Attendance Notice in NSW?
A Court Attendance Notice is a document used to bring a criminal matter before a NSW court. It identifies the alleged offence and tells you when and where you are required to attend.
What happens if I miss my court date?
Failing to attend court can have serious consequences. Depending on the circumstances, the matter may potentially be dealt with in your absence or a warrant may be issued. Missing court while on bail can create additional issues.
Can criminal charges be withdrawn?
Charges can sometimes be withdrawn, amended or dealt with differently following consideration of the evidence and discussions between the parties. This does not occur simply because a person asks police to “drop the charges”. The circumstances and evidence need to be considered.
Should I speak to police after I have been charged?
Your rights and obligations will depend on the circumstances. If police want to question you further about an alleged offence, consider obtaining legal advice before participating in further discussions about the allegations.
Can a lawyer appear for me in court?
A criminal lawyer can represent you in court, but whether your personal attendance is required depends on the proceeding and your circumstances. If you are on bail, you should not assume that representation means you can stay home.
When should I contact a criminal lawyer?
Ideally, seek advice as early as practical after being charged. Early advice gives you time to understand the allegations, court process, bail requirements and decisions you may need to make before your matter progresses.
Criminal law representation throughout NSW
Duncan Criminal Law represents clients facing criminal charges in Sydney and throughout New South Wales.
With more than 30 years of experience practising Criminal and Traffic Law, Michelle Duncan provides clear, practical advice and professional courtroom representation. Every matter is approached individually, with careful attention to the allegations, available evidence and client’s circumstances.
If you cannot attend the Sydney office in person, confidential consultations can be arranged by telephone or secure video conference.
Charged with a criminal offence NSW?
If you have been charged by police, received a Court Attendance Notice or have an upcoming court date, getting clear advice early can help you understand the charge, what happens next and the decisions you may need to make.
Michelle Duncan has more than 30 years of experience practising Criminal and Traffic Law and represents clients in courts throughout New South Wales.
You can also learn more about Michelle Duncan’s criminal law representation before getting in touch.
Call 0448 946 529
Contact Duncan Criminal Law
Duncan Criminal Law
Sydney Office
1/299 Elizabeth Street
Sydney NSW
Phone: 0448 946 529
Email: info@duncancriminallaw.au
Representation: Sydney and throughout New South Wales
