Your First Steps After Being Charged in Victoria

Being charged with a criminal offence can be overwhelming. Whether it's your first time dealing with the legal system or you're supporting a family member or friend, knowing what to do next can help you feel more prepared. In Victoria, taking the right steps early on—especially when it comes to getting legal advice—can make a meaningful difference to how your matter proceeds through the courts.

This guide outlines what to do immediately after being charged, what to expect at your first court appearance, and how criminal defence lawyers in Ballarat can assist throughout the process.

Stay Calm & Composed

Facing a criminal charge is understandably distressing. However, how you respond in the early stages can have an impact. Whether you’ve been arrested, given a charge sheet or summoned to attend court, try to remain calm.

Avoid taking actions that could complicate your situation. For example:

• Do not argue with police officers or investigators.
• Avoid making statements or discussing your case with others.
• Stay respectful and cooperative, even if you’re feeling anxious or upset.

While it's natural to want to explain your side, this is not the time to make statements without legal advice.

Exercise Your Right to Remain Silent

In Victoria, you have the right to remain silent. This means you do not have to answer police questions beyond confirming your identity (name, address, and date of birth). Remaining silent is not an admission of guilt—it’s a legal right designed to protect you.

What to remember:

• Anything you say may be used as evidence in court.
• You are not required to provide explanations or opinions.
• Politely inform the police that you wish to seek legal advice before making any statements.



Exercising your right to remain silent gives your legal representative the opportunity to assess the situation fully before any further steps are taken.

Seek Legal Advice Immediately

Once you’ve been charged, obtaining legal advice should be a priority. Criminal law can be complex, and the consequences of a charge can vary depending on the nature of the offence and your individual circumstances.

A criminal defence lawyer can help you:

• Understand the charges laid against you.
• Review the police summary and any available evidence.
• Advise on your options before the first hearing.
• Prepare for bail or custodial considerations if applicable.
• Represent you at court or help you engage further legal support if needed.



If you live in or near Ballarat, consulting criminal defence lawyers in Ballarat who are familiar with local procedures and the Ballarat Magistrates’ Court can offer local knowledge that supports your case.

Understand the Court Process

Your first appearance is usually held at the Magistrates’ Court. If you're charged with a summary offence or certain indictable offences triable summarily, your matter will begin—and may be finalised—here.

What to expect at the first hearing:

• The court will read the charges against you.
• You’ll be asked whether you plead guilty or not guilty.
• If you’re not ready to enter a plea, the matter may be adjourned.
• Bail conditions, if applicable, may be discussed.
• The magistrate may set future court dates or request further documents.



It’s important to attend court on time, dressed respectfully and prepared with any paperwork your lawyer has provided or requested. Legal representatives can appear with you or on your behalf, depending on the circumstances.

Keep Records & Follow Instructions

After your first appearance, it’s likely that you’ll have ongoing communication with your legal team. Keeping track of court dates, bail conditions, and any documents or advice you’re given is essential.

Some helpful actions:

• Keep copies of all paperwork, including the charge sheet and any bail documents.
• Follow any court orders or bail conditions strictly.
• Stay in regular contact with your legal representative.
• Avoid discussing your case publicly or on social media.



Keeping things organised supports your legal defence and helps reduce stress throughout the process.

Prepare for the Next Court Date

Depending on how your matter proceeds, your next court date may be a mention, contest mention, committal hearing (for more serious charges), or plea/sentencing hearing.

Your legal team will assist you in preparing by:

• Reviewing new evidence or updates in the brief of evidence.
• Discussing potential outcomes and your legal options.
• Gathering relevant materials (character references, medical records, etc.).
• Helping you understand the likely process on the day.



If you’re pleading not guilty, your lawyer may help you prepare a defence. If pleading guilty, they can help you present your case in a way that reflects your circumstances, remorse, or personal progress.

Why Local Legal Advice Matters

When facing charges in Ballarat, working with criminal defence lawyers who understand the local court environment can offer several practical benefits:

• Familiarity with the Ballarat Magistrates’ Court and its procedures.
• Knowledge of how local magistrates and prosecutors approach certain matters.
• Proximity for in-person consultations and case conferences.
• Access to local networks for support services, assessments or referrals.



A lawyer familiar with the regional court system can help you feel more prepared and informed throughout your case.

Common Questions After Being Charged

Do I need a lawyer if it’s a minor charge?

Even for minor offences, legal advice can help you understand your options and minimise long-term consequences. There may be alternatives to conviction, such as diversion programs, depending on your record and the circumstances.

What if I missed my court date?

Missing a court appearance can result in a warrant being issued for your arrest. Contact your lawyer or the court immediately to seek advice on next steps.

Can I travel while on bail?

This depends on your bail conditions. Always check with your lawyer before making any plans that could conflict with court requirements.

CONTACT OUR CRIMINAL DEFENCE LAWYERS IN BALLARAT FOR LEGAL ADVICE ON YOUR CASE

At David Tamanika Solicitors, we support individuals who have been charged with criminal offences across Victoria. We have thorough knowledge of representing clients at the Ballarat Magistrates’ Court. Our team provides legal advice, step-by-step guidance, and local knowledge to help you understand the process and prepare for each stage. Contact us today.