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Going to court for a criminal charge
Being at court for criminal charges is serious. You can get a criminal record and serious penalties, so get legal advice soon as possible.
This will help you decide:
- if you need a lawyer to speak for you in court or if you are better off representing yourself
- how to respond to the charges.
When to see a lawyer
It is always a good idea to speak to a lawyer before your court date, if you can. The court will expect you to do this.
A lawyer will help you understand your case and what your options are. You can get legal advice about what the charges mean, how you should plead, and how to prepare for the hearing.
You need to have everything ready. You will only be able to put your case off to another day if you have a very good reason.
Even if you want to plead guilty, seeing a lawyer can help you present a better case.
Speaking to a lawyer before going to court
To speak to a lawyer before your court date you can:
- call Victoria Legal Aid (VLA) or visit one of our offices (see below)
- visit a community legal centre.
You can also hire a private lawyer to represent you. If you cannot afford a lawyer you may be eligible for a grant of legal assistance from Victoria Legal Aid to help pay for a lawyer.
Speaking to a lawyer at court
VLA has lawyers on duty at most Magistrates’ Courts throughout Victoria. Duty lawyers help people who have to go to court, but do not have a lawyer.
A duty lawyer may be able to see you at court on the day of your hearing. They may only be able to give you limited help depending on your situation. For example, they may be able to give you legal advice but not represent you in court, especially for traffic offences. For more information see 'Duty lawyers at court for criminal charges' (link below).
When to represent yourself
You may choose to represent because your charges are minor (such as some traffic offences) or because:
- a Victoria Legal Aid duty lawyer is not able to represent you
- you do not have a private lawyer.
If you cannot get a lawyer to help you in court, you can still get legal advice and information about:
- your charges and if you have a defence
- how to prepare for court
- what to bring to court
- what to say to the magistrate.
If you decide to plead guilty, you will need to be prepared before you go to court. See 'Representing yourself in a criminal case' (link bleow).
What to say about the charges in court
You can plead either:
- guilty (say you did break the law)
- not guilty (say you did not break the law, or disagree with what the prosecutor says you did).
The prosecutor is a lawyer who is presenting evidence against you.
To plead guilty, you need to accept what the prosecutor says you did. It is important to be clear about what you are agreeing to, as there can be serious consequences. So, even if you want court to be over as quickly as possible, talk to a lawyer first.
Pleading guilty
If you plead guilty your case may go ahead on the same day. Your case may be put off to another day (adjourned) if the charges are serious and you need more time to prepare.
Pleading not guilty
If you plead guilty your case will be put off to another date. You (or your lawyer) and the prosecutor will have a summary case conference and discuss the case.
If you do not agree to plead guilty to some or all of the charges after the conference, your case will be put off to a contest mention or a summary hearing.
A contest mention is a court date where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses.
A summary hearing is where the court listens to witnesses and other evidence and then makes a decision about the case.
More information
Duty lawyers at court for criminal charges
Representing yourself in a criminal case
Related publications
Going to the Magistrates' Court information sheets
Related websites
Magistrates' Court of Victoria virtual court site
How we can help
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Our other free legal services include:
- advice at our offices and other locations across Victoria
- advice at many correctional facilities, remand and detention centres
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some criminal law matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.