Charged by Police? What to Expect at the Magistrates' Court | Craigieburn Lawyers
Being charged by police can be stressful and overwhelming, especially if it is your first time dealing with the criminal justice system. At Craigieburn Lawyers, we understand the uncertainty that comes with receiving a charge or summons to attend the Magistrates' Court. Our team is here to guide you through the process and help you achieve the best possible outcome.
This article explains what you can expect after being charged by police in Victoria, how the Magistrates' Court process works, and why early legal advice is critical.
Common Offences Heard in the Magistrates' Court
The Magistrates' Court of Victoria handles the vast majority of criminal matters. These include:
Traffic offences (e.g. careless driving, drink driving, driving while suspended)
Assaults (common assault, unlawful assault, recklessly causing injury)
Drug offences (possessing or using a controlled substance)
Theft, burglary, and property damage
Breach of an intervention order
Disorderly or offensive conduct
Public nuisance or offensive language
Some indictable offences may also be heard in the Magistrates' Court if they are deemed suitable to be tried summarily. These may include aggravated burglary, handling stolen goods, or more serious assaults, depending on the specific circumstances and consent of the accused.
Understanding the type of offence and the court process that applies is crucial. At Craigieburn Lawyers, we provide clear advice on where your matter sits and what options are available to resolve it.
What Happens After You Are Charged?
Once charged, the police may:
Issue you a charge sheet and summons to appear in court at a future date
Bail you to attend court
Remand you in custody if the offence is serious or there are concerns about bail
You should take any police charge seriously, even if it seems minor. A criminal record can affect your employment, travel, and future opportunities. Many clients underestimate the long-term consequences of simply pleading guilty without proper legal advice.
By engaging an experienced criminal defence lawyer early, you can:
Understand the full scope of the charges and potential penalties
Assess the police evidence (brief of evidence)
Identify any weaknesses in the prosecution case
Explore diversion or withdrawal options
Ensure your legal rights are protected throughout
Your First Court Appearance (Mention Hearing)
The first court date is typically called a mention hearing. It is not a trial or final determination, but an opportunity for the court to manage the case.
At a mention, the magistrate will want to know:
Whether you are pleading guilty or not guilty
Whether you have a lawyer or need time to get one
Whether the prosecution has served all necessary documents
If you are not ready to proceed, the matter can usually be adjourned to allow you time to seek legal advice or prepare. In some cases, where the matter is simple and you wish to plead guilty, it can be dealt with on the same day.
Pleading Guilty: What to Expect
If you decide to plead guilty, the court will proceed to a plea hearing. This is when the magistrate considers what penalty to impose.
A well-prepared plea can significantly influence the outcome. Your lawyer may present:
Your personal background and character
An explanation of what led to the offending
Any counselling or rehabilitation steps you have taken
Letters of support or character references
Evidence of your remorse and willingness to make amends
The magistrate has discretion in sentencing and will consider:
The seriousness of the offence
Whether it was a first offence or part of a pattern
The impact on any victims
Whether you cooperated with police
The sentencing options include:
An adjourned undertaking (good behaviour bond)
A fine (with or without conviction)
A Community Correction Order (CCO), which may include unpaid work, treatment, or supervision
A suspended sentence (less common now)
Imprisonment (in more serious cases)
Your lawyer can help minimise the penalty and, in appropriate cases, seek to have the matter resolved without a conviction being recorded.
Pleading Not Guilty: Contested Hearings
If you intend to fight the charge, the court will list your matter for a contest mention and then a summary hearing.
A contest mention allows the parties to discuss the issues and narrow down what is actually in dispute. It is an opportunity to:
Seek further disclosure of evidence
Request that certain witnesses be required to attend
Negotiate with the prosecution
Possibly resolve the matter by withdrawing or amending charges
If unresolved, your matter will proceed to a summary hearing, where the magistrate will hear all the evidence. Witnesses will give evidence and may be cross-examined. The prosecution must prove the charge beyond a reasonable doubt.
At Craigieburn Lawyers, we have experience representing clients in both straightforward and complex contested hearings. We scrutinise the police brief, prepare detailed submissions, and challenge any improper or insufficient evidence.
Diversion Programs and Alternatives to Prosecution
For some first-time offenders facing minor charges, the Criminal Justice Diversion Program may be available. This program allows eligible individuals to avoid a formal finding of guilt by completing certain conditions such as:
Writing a letter of apology
Undertaking counselling or education
Paying restitution to victims
If successfully completed, the matter is discharged and does not result in a criminal record. Not all charges or situations are eligible, but we can assess and apply for diversion where appropriate.
Other alternatives include:
Negotiated withdrawal of charges
Substitution of charges for lesser offences
Seeking a non-conviction outcome
Why Legal Representation Matters
Appearing in court without proper representation can lead to:
Harsher penalties
Missed opportunities to challenge the evidence
Inadmissible or unhelpful statements being made
Delays and uncertainty
An experienced lawyer knows how to present your case clearly, persuasively, and in a way the court understands. We ensure that your version of events is heard and that any mitigating factors are properly highlighted.
Craigieburn Lawyers provides practical, accessible legal representation at every stage, from police interview advice to sentencing submissions.
Why Choose Craigieburn Lawyers?
We are a local law firm with a strong understanding of the Victorian Magistrates' Court system. We appear regularly in:
Broadmeadows Magistrates' Court
Heidelberg Magistrates' Court
Melbourne Magistrates' Court
Sunshine, Ringwood, and surrounding courts
Our clients value our:
Clear, realistic advice from the outset
Calm and confident courtroom advocacy
Experience dealing with police prosecutors and court staff
Focus on outcomes, not unnecessary delay or litigation
Whether you are facing a single traffic offence or multiple criminal charges, we will work with you to achieve the best result possible.
Need Help With a Police Matter?
If you have been charged by police or are due to appear at the Magistrates' Court, get in touch with Craigieburn Lawyers. Early advice can make all the difference to the outcome of your case.
We will:
Explain your rights and obligations
Analyse the police evidence
Represent you in negotiations and court appearances
Help you move forward with confidence
Craigieburn Lawyers – Trusted legal representation in criminal and police matters across Melbourne’s north. Contact us today to arrange a consultation and protect your future.