Home Insights & Advice What to expect when attending your first court hearing in Australia

What to expect when attending your first court hearing in Australia

by Sponsored Content
30th May 22 11:20 am

So, it’s your first time in front of a judge. You’re anxious and unsure of what you’re supposed to be doing. If you’re a single practitioner or in a small company, you’re likely to be the only one in court on your initial appearance. What can you do to prevent seeming like a beginner?

This post can be helpful if you are obliged to appear in court in Australia.

It is customary for anyone accused of crimes to initially appear at the magistrate court before their case moves on to any other court or jurisdiction. It all depends on the nature of the crime that is being prosecuted and whether or not you need to travel to a District or Supreme Court to have your case resolved.

The first time you go to court without a lawyer, it might be overwhelming. Attending court on time is paramount. If you fail to appear for a scheduled court appearance, a bench warrant may be issued for your arrest. The prosecutor or other court personnel may be able to help you once you arrive at the courthouse. Inform them about your plans.

Before going to court, you should be extremely short in what you say to the prosecutor, whether it be a police prosecutor or a representative of the Director of Public Prosecutions. So, find a lawyer and make sure you know who you’re talking to and what their position is in the court system before you begin a conversation. The legal experts from Lawfully Explained will be able to help you find a lawyer NSW residents widely recommend.

Any indication from the prosecutor or a member of the court staff that you should or should plead guilty must come from your own free choice. If you don’t understand what you’re admitting to, you should seek the opinion of a lawyer before making your plea.

Even if you believe the charge is small, you must get legal help so that you may better understand your options. Criminal convictions may have a significant influence on your job, vacation plans, and lifestyle in ways you weren’t expecting. If you’re confused or worried about how your charges may affect your life, you should get legal help.

An adjournment can be requested if you wish to postpone your case until a later date. Respect the magistrate and affirm to the court that you are the defendant when your case comes before them. Ask the magistrate for an adjournment and explain your reasons for doing so. Getting legal counsel is an ideal illustration of why an adjournment could be necessary. The court may be skeptical of you if you claim to be seeking legal counsel, but if you don’t do so, you might be held accountable.

Whether or not the magistrate grants your request for an adjournment will be determined after requesting one from the court. If you are granted an adjournment, the magistrate is likely to put you under an undertaking to post bail. If you post bail, you’re promising the judge that you’ll return to court and follow the terms of your release. Before you leave the court, you must sign your bail undertaking. An arrest warrant may be issued for your arrest, and you’ll be hauled back to court by police if you don’t sign it. Don’t hesitate to contact your lawyer if you have more concerns regarding your first court hearing.

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