Criminal Law Frequently Asked Questions
Here is a list of common questions and answers. Whilst these questions are of a general nature, at your first meeting with us we will provide you with a full and comprehensive analysis of your case and advice that applies specifically to you defending your case.
- What do I do if the police want to question me in regards to an alleged offence?
You are only required to provide your name and address – you are NOT required to answer any other questions.
- What happens if the police are at my door and want to search my house?
The police can only enter your house if they have reasonable grounds to suspect that you or someone in the house is committing an offence, has committed an offence or may commit an offence. The police ordinarily will have a Warrant to Search your premises and they are required to show you the warrant before they enter your house.
3. Will I have to attend court?
If you are on bail YES, if not and you have a lawyer representing you then possibly NO.
- How much will my legal costs be?
This depends on whether you are pleading guilty or not guilty and whether your matter can be dealt with in the Magistrates Court or the District Court or Supreme Court. We offer a fixed fee service so you will know right from your first meeting with us what your costs will be.
- What happens if I miss court?
If you are on bail, the court may issue a bench warrant for your arrest. If you are on a notice to appear, the court may issue you with a notice to appear. If you miss court make sure you contact the court as soon as possible.
- Am I going to jail?
This depends upon the seriousness of the offence and whether you have a criminal or traffic history and the factors favourable to you.
- Can I get a spent conviction?
This depends on whether the offence trivial in nature and whether a criminal conviction will cause you sever hardship in the future.
- What can I do before going to court?
If you are attending your sentencing make sure your lawyer has the most up-to-date information about you. If you are attending trial make sure that you have reviewed what happened at the time of the alleged offence and the circumstances surrounding the offence.
- Do I need a reference?
This really depends upon the nature and seriousness of the offence but generally speaking one or two references from people in authority help considerably.
- What happens if I was convicted because I missed court?
You can apply to the court to have the conviction set aside.
- What should I wear to court?
What you feel most comfortable wearing however, track suits, board shorts and pyjamas are not recommended!
- Do I need a lawyer?
This depends on whether you have been charged with a serious offence or a simple offence. If you are at prison risk then you may benefit from obtaining legal advice. If the matter is serious most magistrates often tell you to get a lawyer.
- My partner has been arrested and has been taken to a police station – what should I do?
Make sure that you have written down the names and Regimental Numbers and contact details of the arresting office, the the police station where they intend taking your partner for questioning. Telephone a lawyer practicing in criminal law or traffic law for advice on what to do next.
- I have been charged with an offence but I am not guilty – what should I do?
You must then plead NOT GUILTY to the charge/s. Seek legal advice BEFORE you speak to police
- I have been charged with an offence which I did do – what should I do?
You may end up pleading GUILTY to the charge/s. Seek legal advice BEFORE you speak to police.
If you have been arrested and taken into custody or simply asked by police to accompany them or meet them at a police station to participate in a suspect interview YOU DO NOT HAVE TO ANSWER ANY QUESTIONS except to provide your name and your address and YOU DO NOT HAVE TO PARTICIPATE IN A VIDEO RECORD OF INTERVIEW.
If you have been arrested or have been asked by police to attend a police station to help them with their inquiries then before you take the next step call us at Criminal-Lawyer-Perth on 0422 656 589 to make an appointment with one of our experienced lawyers to discuss your case.