I’ve been charged with a criminal offence, what do I do?

Being charged with a criminal offence can be an overwhelming and stressful experience, leaving you with difficult questions: “What should I do next?” “Who can help me?” “How will this impact my future?”

We understand how challenging this situation can be. That’s why we’ve created this guide to help you navigate the legal process for criminal matters in Western Australia with greater clarity and confidence.

Criminal Charges: Understanding the Legal Process

For those unfamiliar with the legal system, facing a criminal charge can feel daunting. The legal terminology and uncertainty about what comes next can make the process even more stressful. However, understanding the key stages of the legal process can help you feel more prepared. Here’s what you need to know:

1. The charge

A charge is the starting point of court proceedings. It happens after the police have commenced investigating an allegation and consider that there is sufficient evidence to formally accuse someone of committing an offence. 

The type of charge you face will impact the legal process and potential penalties that follow. Charges are generally divided into two categories:

• Summary offences: These are less serious offences, typically handled in a local court. Examples of summary offences include minor shoplifting offences and most traffic-related offending. 

• Strictly Indictable offences: These are the more serious offences that must be dealt with in higher Courts. Charges such as Robbery, Manslaughter, and Sexual Penetration, are examples of offences that fall under this category.

• Either-way offences: These offences can be heard in the Magistrates Court or by a higher Court. For example, a charge of Assault Occasioning Bodily Harm can be dealt with by the Magistrates Court, however, the same charge could also be dealt with before the District Court.

The type of charge you face will influence the legal process to follow and the potential penalties that may be applicable. Generally speaking, summary offences typically progress more quickly and incur less severe maximum penalties, while indictable offences often involve more complex legal processes and can attract more serious consequences.

Helpful tip

Understanding your charges is an important first step. Once you know what they mean, you’ll be able to assess your legal options, anticipate what to expect throughout the process, and determine the best steps for you to take. 

2. Release from custody or remanded

After being charged with a criminal allegation, the police will have the ability to decide whether to release you from custody until your first Court date. In deciding this, they can release you on a Court Hearing Notice, Summons, or Bail. 

Bail

Bail is a temporary release that allows you to remain in the community while you wait for your Court appearance. This type of release typically comes with conditions. These can include things like reporting to a police station regularly, staying away from certain people or places, or handing over your passport to prevent you from leaving the country.

If the police do not release you from custody, you will then be taken to Court to appear before a Magistrate. Depending on the nature of the charge against you, a Magistrate will then decide whether you can be released or whether you will be remanded in custody until your next Court date.

For example, if you’re charged with an assault charge which is said to have occurred whilst you were intoxicated, you might be granted bail with the condition that you must not consume alcohol and not enter any licensed premises until your matter has been finalised in Court. 

Helpful tip

Bail conditions are legally binding, so it’s important to follow them carefully. For instance, if you’re ordered to stay away from a certain place, such as a pub or someone’s home, breaking that rule could result in your bail being revoked. In certain situations, it could also mean that you may face another criminal charge. Should either situation occur, you will be taken into custody by police and you may not be released until the Court proceedings have been finalised. For this reason, it’s crucial to make sure you fully understand and abide by all conditions of bail to avoid further trouble.

Remand

If bail is denied, you will be remanded in custody. This means that you will remain in prison until your next Court date. Remand is essentially a waiting period in custody until your matter has been finalised in Court. In cases where the Court believes there’s a risk that an accused person might reoffend, flee the jurisdiction, not abide by bail conditions, or interfere with witnesses, and there are no conditions that might ameliorate these risks from arising, bail is typically refused.

For example, if you’re charged with a number of high-level fraud offences and were apprehended with a passport with a one-way ticket overseas, the Court may decide to deny you bail on the basis that you are considered to be a flight risk, and that there are no conditions which may cure that risk. This would result in you being placed in remand, where you’ll remain in custody until your matter is finalised in Court (by way of a trial date, sentencing date, until negotiations finalise and charges are discontinued, or until a further application for bail is made successfully).

Helpful tip

Before applying for bail, it is crucial to obtain legal advice from a lawyer who specialises in criminal defence, such as TASIC Legal. Having an experienced criminal defence lawyer represent you can make a significant difference in your application. They will help you understand the factors that the Court will consider, prepare a strong case, and address any concerns that may arise—ultimately increasing your chances of being released.

If you’ve already applied for bail and were denied, it’s still important to seek legal advice. A criminal lawyer can review your circumstances, explain your rights, and in some cases, help you reapply for bail or explore other legal options to improve your chances of being released. 

3. The Court process

The court process is a vital part of resolving a criminal charge. Here’s an overview of the key stages:

• Mention hearing: A mention hearing is considered a ‘check in’ Court hearing. At these preliminary Court hearings, the Magistrate will often make enquiries to ensure that you are aware of the charge/s against you and see if you have had time to obtain legal advice. If you have, they will then ask you to enter a plea. This is when you say whether you will be pleading guilty or not guilty to the charge. 

• Pleading Guilty: If you plead guilty, you will then be sentenced and receive a punishment. When this happens will depend on a number of things such as: whether the charge is indictable or not, if psychological/psychiatric reports are required, and if there are character references and other materials that need to be prepared and filed with the Court for consideration in your sentencing. 

• Pleading Not Guilty:  If you plead not guilty, this will lead to the matter being listed for a trial. In most circumstances, a trial will be listed at least six weeks from the date that you plead not guilty. The actual date of your trial may not be for a number of months, and you may not find out the date of your trial for some time after you plead not guilty. This will all depend on the nature of your charge/s, which Court they will be determined in, and also any legal argument that may need to be had beforehand. 

Helpful tip

It’s important to seek legal representation as early as possible, ideally before entering your plea. A skilled criminal lawyer can explain what it means to enter a plea, the factors you should consider, and the potential consequences of pleading guilty or not guilty. They can also help you develop a strategy, gather necessary evidence, consider if the matter can be resolved through negotiations, and challenge the prosecution’s case to build the strongest possible defence moving forward.

What to do when you’ve been investigated or charged with a criminal offence?

Whether you’re unfamiliar with the legal system or have faced similar situations before, knowing your rights and what to expect is essential for managing your case effectively. Now that you have an overview of the legal process, let’s go over the key steps you should take to protect yourself and navigate the legal process with confidence.

1. Stay calm and assess the situation

Facing criminal charges can be an incredibly stressful and emotional experience, bringing feelings of fear, frustration, and uncertainty. While these emotions are natural, they can affect your ability to think clearly. 

For example, imagine you’re stopped in your car by a police officer and charged with possession of drugs. In the heat of the moment, you might feel defensive or wrongly accused, and you may feel the urge to explain yourself or voice frustration. It’s important to remember that anything you say or do could be used against you in court. Reacting impulsively might lead to poorly worded statements or even lead to you unintentionally incriminating yourself. That’s why it’s crucial to take a moment to collect your thoughts and seek legal advice as soon as possible.

2. Exercise your right to silence

When you are being questioned by police it is important to remember that anything you do or say can be used against you in Court – irrespective of whether you are guilty of an offence or not. This is why it is incredibly important not to give any detailed statements or explanations until you’ve had a chance to speak with a lawyer. 

In Western Australia, you have the legal right to remain silent. While there are situations where you may be compelled to answer certain police questions, it’s important to seek legal advice to understand which questions you are obligated to answer and which you can remain silent about. 

Here’s an example of why this is important: Let’s imagine you’re accused of stealing money from your workplace, but you believe it’s all a big misunderstanding. The police officer might ask you, “Did you take the money from the safe?” Wanting to cooperate and protect your job, you might say, “If I have done something wrong, I will pay it back” in circumstances where the money you took from the safe belonged to you. While this may seem like a harmless response, it could be interpreted as an admission of guilt and used against you. This is why it’s crucial to seek legal advice before answering police questions.

By exercising your right to remain silent, you give yourself valuable time to consult with a lawyer. Your lawyer can then guide you in either writing to the police to explain your side of the story or by assisting you in preparing a robust defence at trial.

3. Contact a criminal defence lawyer 

If you have been charged with a criminal offence, it’s crucial to contact a defence lawyer as soon as possible. Skilled defence lawyers are your most valuable resource in navigating the complexities of the legal system. They will explain the charges in plain language, help you understand the evidence, and advise you on the best steps to take moving forward.

Rather than trying to handle everything yourself, seeking legal representation can make a significant difference. A criminal defence lawyer will carefully assess your case, review the evidence against you, and identify any weaknesses or inconsistencies in the prosecution’s case. They can also recommend avenues for further investigation, explore potential legal defences, and advise whether your matter can be resolved through negotiation rather than proceeding to trial. By having a lawyer guide you through this process, you can make informed decisions that give you the best chance of achieving a favourable outcome.

4. Understand the charges against you

Being charged with a criminal offence means the prosecution has to meet certain legal requirements in order for you to be found guilty. Every charge has specific elements that need to be proven beyond reasonable doubt. Knowing what these elements are, and what needs to be proven is essential to identifying issues in the prosecution case against you.

Take drug dealing as an example. If you are accused of possessing drugs with the intent to sell or supply, the prosecution must prove the following elements beyond reasonable doubt:

• You were in possession of a substance.
• That substance was a prohibited drug.
• While possessing the drug, you intended to sell or supply it to another person.

If the prosecution cannot establish each of these elements beyond reasonable doubt, you cannot be convicted of the charge.

A specialised criminal defence lawyer can critically assess the strength of the evidence against you. They will determine whether the prosecution’s case is sufficient to prove the charge, identify any weaknesses or inadmissible evidence, and advise you on the best course of action. This may include assessing whether further evidence or witnesses are needed, considering whether a legal defence is available, or addressing whether the matter can be resolved without proceeding to trial. By carefully analysing the case, your lawyer can challenge assumptions and present alternative explanations, giving your defence the strongest chance of success.

5. Prepare for Court appearances

When you have been charged with an offence and have a Court date, it’s essential to understand the process and how to navigate it effectively. A court appearance can be intimidating, especially if you are unfamiliar with the legal system. Having an experienced lawyer by your side can make all the difference. They will guide you through each step, from understanding the paperwork to advocating on your behalf in Court. 

Your lawyer will carefully explain what will happen at the hearing, from what will be said to what you should wear. They will guide you through each stage of the proceedings, highlighting key aspects and any potential legal implications. Additionally, they will outline the possible outcomes for each option, ensuring you fully understand the potential ramifications of each option. Beyond that, they will prepare you for the courtroom experience, explaining how the hearing will unfold and what you need to do during the appearance.

With this level of preparation, you will feel much more confident and in control, knowing exactly where you stand and what’s expected of you. It also helps to make sure you show up ready to present yourself neatly dressed and on time, which can often work in your favour during the hearing.

6. Understand potential outcomes

Once you’re charged with a criminal offence, it’s important to know what could happen next. The outcome of your case will depend on factors such as the strength of the evidence, the nature of the offence, and your legal representation. Some outcomes may be more favourable than others, but knowing what each one could mean for you will help you make better decisions.

Your lawyer will guide you through the different possible outcomes of your case. This could range from the charges being dropped entirely, or you being found guilty and facing penalties like fines or prison time. Alternatively, there may be options such as community service or rehabilitation programs that could help you avoid more serious consequences. Your lawyer will help you understand which route might be the best for your situation.

Take a drug possession charge, for example. You may be eligible for the Drug Court program, which offers ongoing support through Court-supervised services. Active participation in the program may provide you with the resources to address substance dependency but also serve as motivation to continue making positive changes, knowing that successful engagement may lead to a more favourable outcome in Court.

Having a clear picture of what options are available to you in Court will help you feel more in control of the situation and better prepared for what’s ahead. 

7. Learn from the experience

Whether your case ends in an acquittal or a conviction, it’s important to take some time to reflect on the experience. This is your opportunity to think about what happened and what led to the situation. 

The legal process can often be a turning point, helping you build resilience, become more aware of the support available to you, and make better choices moving forward. Using the experience as a stepping stone for personal growth can lead to meaningful change ahead.

Your lawyer will also be able to provide you with referrals to reputable and trusted service providers such as anger management courses, drug and alcohol dependency services and Family Court lawyers, should you require ongoing advice and support.

Defend yourself with trusted advice and support from TASIC Legal

When facing criminal charges, it can feel like the weight of the world is on your shoulders, but you don’t have to carry it by yourself. At TASIC Legal, we’re here to support you every step of the way by providing tailored legal advice and strategic defence solutions specific to your situation.

Whether you’ve been charged with an offence or are under investigation, we’ll work tirelessly to protect your rights and pursue the best possible outcome. Reach out to us today or enquire online to discuss how we can guide you through your criminal matter, ensuring you don’t have to face it alone.