Frequently asked questions
What happens at my first court date?
Your first court date is usually a filing hearing or mention. You will not normally give evidence. The matter can be adjourned so you can get legal advice, obtain the police brief of evidence, negotiate with police or apply for diversion. Arrive early and bring your paperwork.
Do I have to attend my court date?
Yes. If you are on bail or have been summonsed, you must attend court on the date listed unless the court has excused you. Failing to attend can lead to a warrant for your arrest and, if you are on bail, a further criminal charge.
If you cannot attend because of illness or an emergency, contact us or the court immediately. We can often arrange an adjournment.
Can I get bail?
It depends on the charge, your criminal history and whether you were already on bail. For some offences you must show a compelling reason or exceptional circumstances before bail can be granted. Stable accommodation, support and a treatment plan all help. See Bail applications.
What if I can’t afford a lawyer?
You may qualify for a grant of legal assistance from Victoria Legal Aid. Eligibility depends on your income and assets, the type of charge and the risk of imprisonment.
Tony Hannebery Lawyers is a member of Victoria Legal Aid’s Summary Crime and Indictable Crime panels. If you are eligible, we can apply on your behalf. See Legal aid.
Get in touch with us
Tell us a little about your matter and we will call you back. Your first consultation is free.
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