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I’ve been arrested by the Police; what should I do now?
Contact our office immediately for legal advice. Police must advise you that you have a right to contact a lawyer.
We suggest you do not answer any questions (other than your name and address) until you have spoken with someone from our team.
Remember, anything you say in your interview can be used against you later in court proceedings.
Can I make phone calls if I have been arrested?
You have the right to make two phone calls during your arrest:
The police must give you a private space to use the phone. The police should not be able to hear you while you talk.
I’ve received a charge sheet or summons, what should I do?
Once you have been charged, you will receive a charge sheet (you should also receive your Record of Interview) containing a court date. This is the date at which you have been summoned or bailed to appear at court.
To get the best possible outcome, it is crucial you get the best legal advice at this early stage. Contact our office immediately to discuss your matter and how we can best help you.
Can I change my court date?
Details about your court date will be listed on your court documents.
You must apply for an adjournment at the court where your matter is being heard and outline the reasons why it should be adjourned. We can assist you with this process and file the necessary documents to do this on your behalf.
Which court will my matter be heard?
The court that will hear your matter depends on the type of offence you have been charged with. You can be charged with a summary offence, an indictable offence, or an indictable offence that is triable summarily.
To find out which court you need to go to, check your summons paper or charge sheet. It should tell you the date, time, and location of where your case is to be heard.
I need an interpreter and how can this be organised for my court hearing?
Ideally, these support services need to be organised before your court day. We can assist in arranging an interpreter in your chosen language for you.
Other than my lawyer, who should I bring to court with me?
It may be a good idea to bring someone who supports you, as often showing that you have strong connections in the community can assist your case. This includes family members and/or friends. Anyone who attends court with you will sit separately from you in the area reserved for public seating.
What should I wear to court?
We recommend you dress neatly for your court appearance. Make sure you dress in clean, neat attire with appropriate footwear. Avoid wearing shorts, tracksuits, thongs, sunglasses or a hat in court.
How long will the hearing take?
Depending on the complexity of your matter and the type of hearing that is scheduled with the court will influence how long your hearing takes.
We recommend not scheduling any other commitments on your court date.
How do I get to Court?
If your case is in the Magistrates’ Court, we recommend you visit the Magistrates’ Court of Victoria website which has contact details, including address and parking details, for all metropolitan and regional courts.
If your case is in the County Court of Victoria, we recommend you visit the County Court of Victoria website which has contact details, including address, parking and Public Transport Victoria, for the principal court located in Melbourne’s central business district, as well as the 12 Circuit courts.
If your case is in the Supreme Court of Victoria, we recommend you visit the Supreme Court of Victoria website which has contact details for the different buildings in Melbourne's CBD and the 12 locations in regional Victoria.
If your matter is in the Children's Court of Victoria, we recommend you visit the Children's Court of Victoria website which has contact details for the different Children's Court of Victoria locations.
How do I know how much my case will cost?
Every legal matter is unique. We will discuss your matter with you and explain clearly the costs associated with your case.
I can’t afford legal costs, what are my options?
We are on the Victoria Legal Aid panel and can represent legally aided clients. This means, if you cannot pay for your legal fees, we may be able to assist you through a grant of legal assistance – where Victoria Legal Aid will cover your legal costs.
If I win my case, can I claim my legal costs?
For matters heard in the Magistrates’ Court, we can apply to have the costs paid by the Prosecution or State in certain circumstances, however it is ultimately the decision of the Magistrate to approve the application.
Costs are rarely recovered in County and Supreme Court matters.
