What to Do If You're Charged with a Criminal Offence in NSW

Being charged with a criminal offence is stressful, but the steps you take early can significantly affect the outcome of your matter. This guide explains what to do if you have been charged with a criminal offence in New South Wales and how an experienced Sydney criminal defence lawyer can help.

Exercise your right to silence

You are generally not obliged to answer police questions. Police can require you to give your name and address in some situations (for example, if you are the driver of a vehicle, or if police believe you may be able to help with the investigation of a serious offence), and refusing in those situations can be an offence. What you say to police can later be used as evidence. If you are questioned about a serious indictable offence with a lawyer present, police may give a 'special caution', after which a failure to mention something you later rely on can, in limited circumstances, be used against you (Evidence Act 1995 (NSW) s 89A). Before participating in a police interview or providing a statement, obtain legal advice.

Get legal advice as early as possible

A criminal lawyer can review the charges and the police allegations, explain your options, and outline what will happen when your matter comes before the court. Early advice can help identify potential defences, procedural issues, and opportunities to resolve the matter.

Asked to attend a police interview? Read: Should I Bring a Lawyer to the Police Station? The Special Caution in NSW

Understand your charge and your court date

Your court attendance notice or bail documents will set out the charge and the date you are required to attend court. Missing a court date can lead to a warrant for your arrest. Make a note of the date and confirm where the court is located.

Consider bail

If you have been refused bail by police, you may be brought before a court where a bail application can be made. A lawyer can prepare and present a bail application, addressing the bail concerns the court must consider.

Prepare for your first court appearance

At your first court appearance, the matter may involve entering a plea, seeking an adjournment to obtain advice or evidence, or dealing with bail. Your lawyer can explain what is likely to occur and appear on your behalf where appropriate.

If mental health or a cognitive impairment is involved, read: Section 32 Is Now Section 14: Mental Health Applications in NSW

How Invictus Legal can help

Invictus Legal's experienced Sydney criminal defence lawyers represent clients in Local, District and Supreme Courts across New South Wales. We offer fixed fees for many matters and clear advice from the start. Contact us on 02 8553 0500 or book a consultation online to discuss your matter. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.