Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Our Morwell office is closed due to renovations. The office can be contacted on (03) 5126 6444.
Or search our online legal information.

How Help Before Court can help you

Find out more about our Help Before Court service.

On this page

How we can help

This service is only for those with criminal charges.

How we help depends on your criminal charges, your court date and your personal circumstances such as income.

We will then give you general information about the court process and what to expect.

If you are eligible, we will also connect you with a lawyer who will give you legal advice that relates to your specific circumstances. This lawyer may also join you in court on your court date.

If you are not eligible, we will give you referrals to other places that can help you.

Speak with our Intake Team by calling us to find out how we can help.

Applications for Help Before Court

You can complete an application for Help Before Court through the Ask for Help Before Court form.

Find out more about the process for applications by visiting Help Before Court for criminal charges.

Charges we can help with

Please note that these examples are not a full list and should be used as a guide only. For more information, speak to our Intake Team.

Examples of charges we can help with

We can help with:

  • charges with other people involved such as assault, stalking or threat to kill
  • breaches of orders such as a family violence intervention orders
  • charges involving property such as property damage, burglary, theft, possess a weapon that is prohibited like a knife or gun
  • charges involving illegal drugs like possessing ice
  • some driving offences.

Driving charges we can help with

We can help with some driving charges, especially if you have been found guilty of previous driving charges. For example, we may give legal advice on charges like driving on a suspended or disqualified licence.

We cannot help if your case involves a fine you decided to take to court.

Speaking with our Intake Team

When you ask for Help Before Court, someone from our Intake Team (who is not a lawyer) will call you. They will explain what service we provide and how we can help you prepare for court.

We will ask you questions about you, your court date and your criminal charges. This is so we can find the right help for you.

How we contact you

Our team will call you from a private number. We will send you an SMS before we call.

If you don’t want us to send you an SMS, you can tell us not to SMS you when you fill in the Ask for Help Before Court online form.

If you miss our call

If you miss our call, we will leave you a message and send you an SMS with our contact number. Please call us back as soon as possible.

The Intake Team will contact you up to three times and leave a message. If we do not hear from you, we may assume you no longer want our help.

Asking for Help Before Court for someone else

In order to help someone as part of our service, we need to speak with the person who is going to court for criminal charges, and have their consent before sharing any details with you.

Information about this can be found on the application page. We recommend that you help this person complete the form that asks for our help or call our Legal Help phone line on 1300 792 387.

Help if your court date is less than two weeks away

There are two options we suggest, but firstly, it's very important to go to court on your court date, then:

  • If you do not have a lawyer we may be able to provide a free lawyer at court. However these duty lawyers are very busy, and are not always able to help everyone. They will assess your eligibility by considering your criminal charges and personal circumstances such as income. If you are not eligible to speak to a lawyer, we will give you legal information.
  • You can also ask to change your court date at the counter at court. We then suggest you use our Ask for Help Before Court online form to ask for help with your new court date.

Help at court

Seeing a lawyer at court

We have lawyers at most Magistrates’ Courts in Victoria. They are called ‘duty lawyers’.

They can help you on your court date if you haven’t already got legal advice. This is a free service.

The help you get will depend on your criminal charges and your personal circumstances such as income. Not everyone is eligible for legal advice and representation in court.

If there are no appointments available for you to speak with a lawyer before court, you may be told to see the Duty Lawyer on the day of your court hearing. Visit Help at court for more information about duty lawyers.

Having a lawyer join you in the courtroom

If you are eligible to speak with a lawyer, they will let you know if they will join you in the courtroom.

The lawyer will consider:

  • the likely sentence you will receive if you were found guilty
  • if you've had previous criminal charges.

Changing your court date

You may be able to change your court date. This is called an adjournment. You can ask for this:

  • at the counter at court on the day
  • by calling the court as soon as possible.

If you are on bail, then your bail will need to be extended.

You must have a reason for changing your court date. For example, you may ask to adjourn your case to get legal advice from a lawyer. Work commitments may not be considered a good enough reason to change your court date.

You can tell the court that you contacted Victoria Legal Aid, and more time was needed to arrange for you to get legal advice from a lawyer.

If your court date changes and you want our help, you should fill out our form again to Ask for our Help Before Court. You should ask for our help as soon as you get the new court date. This will give us time to arrange for you to get legal advice from a lawyer.

Who else can help

  • Local Community legal centres: Your local community legal centre can give you legal information and advice.
  • The Law Institute of Victoria can help you find a private lawyer to help you by:
  • Victorian Legal Services Board and Commissioner website: Read Six questions to ask about legal costs on their website.
  • Court Network volunteers: Court Network Volunteers help support people who attend court. While they are not lawyers and cannot give legal advice, they can tell you how court works. If you want to see a Court Network volunteer tell the court staff. You can also phone them before you go to court on 1800 571 239 or make a booking.
How we can help

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