Question 1

Do I have to answer questions if police want to interview me?

Accepted Answer

In most circumstances, you are generally entitled to decline to answer questions beyond confirming basic identifying details. Getting legal advice before an interview, rather than after, generally puts you in a better position to understand your options.

Question 2

What happens after I am formally charged with an offence?

Accepted Answer

After being charged, you will generally be given a court attendance notice setting out the date of your first appearance. From there, the matter typically proceeds through mentions in the Local Court, where issues such as pleas and timetabling are addressed.

Question 3

What is the Local Court and what happens there?

Accepted Answer

The Local Court generally deals with the majority of criminal and traffic matters in NSW, including first appearances, bail applications, and many sentencing matters. More serious indictable offences may later be transferred to a higher court.

Question 4

What should I expect at my first court date?

Accepted Answer

Your first court date is generally a short, procedural 'mention' rather than a full hearing. If you are represented, your solicitor will generally speak on your behalf, and the court will usually address matters such as pleas or further timetabling.

Question 5

Can I get bail if I have been arrested?

Accepted Answer

Bail decisions generally depend on factors such as the seriousness of the alleged offence, your personal circumstances, and any perceived risks. A solicitor can assist in preparing and presenting a bail application to the court.

Question 6

Will a criminal charge show up on my record?

Accepted Answer

Whether and how a matter appears on your record generally depends on the outcome, including whether the charge is proven, dismissed, or dealt with under certain non-conviction provisions. A solicitor can advise on the general implications relevant to your situation.

Question 7

What is the difference between a summary and an indictable offence?

Accepted Answer

Summary offences are generally dealt with in the Local Court, while indictable offences are generally more serious and may proceed to a higher court, though many indictable offences can still be dealt with in the Local Court in certain circumstances.

Question 8

Can I get legal advice even if I haven't been charged yet?

Accepted Answer

Yes. Getting advice early, even before charges are laid, can generally help you understand your position and prepare appropriately, particularly if you have been asked to attend a voluntary interview.

Question 9

Can I appeal a licence suspension?

Accepted Answer

Depending on the type of suspension, you may be able to appeal to the Local Court or seek a review from the relevant authority. Appeal windows are often limited, so it is important to act promptly.

Question 10

What is drug driving and how is it detected?

Accepted Answer

Drug driving offences generally relate to the presence of certain drugs detected through roadside oral fluid testing, rather than a measure of impairment. Even trace amounts from earlier use can potentially lead to a charge.

Question 11

How can I avoid losing my licence?

Accepted Answer

Steps such as understanding your demerit point balance, avoiding further offences, and seeking early advice if you are facing a suspension or charge can generally help protect your licence. In some cases, alternatives such as a restricted licence may be available.

Question 12

What penalties generally apply to drink driving?

Accepted Answer

Penalties generally vary depending on the category of offence, prior history, and the specific circumstances, and can include fines, licence disqualification, or other court orders. A court retains discretion in each case, so outcomes cannot be predicted in general terms.

Answers to the questions clients ask most

Still have a question about your matter?

Answers to the questions clients ask most

Do I have to answer questions if police want to interview me?

What happens after I am formally charged with an offence?

What is the Local Court and what happens there?

What should I expect at my first court date?

Can I get bail if I have been arrested?

Will a criminal charge show up on my record?

What is the difference between a summary and an indictable offence?

Can I get legal advice even if I haven't been charged yet?

Can I appeal a licence suspension?

What is drug driving and how is it detected?

How can I avoid losing my licence?

What penalties generally apply to drink driving?

Do I need a lawyer for a traffic offence?

What is an interlock program?

Can I drive while my licence appeal is being decided?

What happens if I am caught driving while suspended?

When should a solicitor review my contract of sale?

What happens at settlement?

What searches are generally carried out when buying property?

What is the cooling-off period and does it always apply?

Do I need a solicitor to sell my property?

What is an off-the-plan purchase and what should I be aware of?

What is the difference between conveyancing and property law more broadly?

Can a contract of sale be negotiated before exchange?

Do I need a Will?

What happens if I die without a Will?

What is probate and when is it required?

What is a power of attorney?

What is an enduring guardian and how is this different from an attorney?

Can a Will be contested?

How often should I review my Will?

Who should I appoint as my executor?

How is property generally divided after separation?

Do we need to go to court to finalise a property settlement?

How are parenting arrangements generally decided?

Is there a time limit for bringing a property settlement matter?

Do de facto couples have the same rights as married couples?

Can parenting arrangements be changed later?

How do I get started with MGE Lawyers?

What should I bring to my first appointment?

Does MGE Lawyers offer services outside of Parramatta?

How are legal fees generally structured?

How quickly can I get an appointment?

Can I get advice over the phone before meeting in person?

Still have a question about your matter?