Criminal law
Finding help with a criminal law matter
Criminal lawyers advise people dealing with police contact, investigations, arrest, charges, bail, court proceedings, sentencing, appeals and some traffic matters. Direct help can be urgent.
Quick answer
The short version
Contact a criminal lawyer or the relevant Legal Aid service directly if police want to question you, you have been arrested or charged, bail is being considered, or a court event is approaching. Police powers, interview rules, bail and criminal procedure differ between Australian jurisdictions and depend on the circumstances. MatterPath can help organise a non-urgent description and show potentially relevant participating firms, but it cannot tell you what to say to police, provide emergency representation, pause a deadline or protect your legal position. Call 000 if police, fire or ambulance help is needed immediately.
When a criminal lawyer may be relevant
Criminal lawyers assist at different stages, from early police contact through to a completed court matter. A person may need advice before any charge has been laid, after receiving a notice to attend court, while applying for or responding to bail, when considering a plea, during a hearing or trial, at sentencing, or when asking whether a review or appeal pathway exists. Some lawyers also advise witnesses, companies, professionals and family members affected by an investigation.
The correct procedure depends on the alleged offence, the state or territory, the court, the person's age and circumstances, and whether Commonwealth law is involved. Traffic offences can be criminal matters and can affect a licence, employment, insurance or immigration status. Regulatory investigations may also create criminal exposure. A general online description cannot establish which law applies or what result is likely.
Tell a prospective lawyer the immediate event rather than trying to decide the legal outcome yourself. Useful starting points include who contacted you, what document was received, whether any court or police event is scheduled, and whether the person is in custody. A lawyer can then decide what information is needed and whether another specialist should be involved.
Police contact, requests and interviews
Police may contact a person as a suspect, accused person, witness, victim, vehicle owner, licence holder or responsible officer. The legal significance of a request can depend on what is being asked, the power being used and the jurisdiction. Rules about identifying information, searches, devices, documents and interviews are not identical throughout Australia. Do not assume that advice given to another person or found in another state's guide applies to your situation.
MatterPath should not be used to decide whether to answer a particular question, attend an interview, consent to a search, provide a password or sign a document. It also should not be used to ignore a request. Record the officer's name, station or agency, contact details, reference number, what was requested and any stated time or place, if it is safe and lawful to do so. Then obtain direct advice from a criminal lawyer or Legal Aid promptly.
A lawyer may clarify the nature of the contact, communicate with police where appropriate, explain the applicable rules and help the person prepare for the next lawful step. Whether a lawyer can attend an interview, how quickly they can assist and what service is available will depend on the circumstances. MatterPath does not create a lawyer-client relationship and cannot provide instructions for dealing with police.
Arrest, custody and bail
Arrest and custody can move quickly. The person, a family member or a support person should contact a criminal lawyer or the relevant Legal Aid service directly. Provide the person's full name, date of birth if requested by the service, location or police station if known, the alleged offence if known, and whether a court or bail event has been mentioned. Do not publish these details or send them to an unverified recipient.
Bail law and procedure vary between jurisdictions and can depend on the alleged offence, risk factors, existing orders and available conditions. A lawyer may ask about accommodation, health, caring responsibilities, work, community connections, proposed sureties or supports, and any history relevant to the application. These questions help the lawyer prepare; they do not indicate that bail will be granted.
Duty-lawyer services may be available at some courts or for some people in custody, but eligibility, scope, capacity and any fee differ. National Legal Aid links to each state and territory Legal Aid Commission. Contact the relevant service directly rather than assuming a duty lawyer will automatically be available or able to conduct the whole matter.
Charges, court documents and hearings
A charge sheet, court attendance notice, summons, bail undertaking, brief, order or registry communication may identify the court, alleged offence, date, conditions and steps required. Read every page and keep the original. If anything is unclear, ask a lawyer or the issuing court about the process. Do not alter a document, miss a listed event because an online assessment is unfinished, or assume that contacting MatterPath notifies the court.
A criminal lawyer may explain the charge and prosecution material, identify issues that require instructions, advise on possible pleas and procedures, negotiate where legally appropriate, prepare evidence and submissions, and appear in court. The lawyer's role and the available options depend on the facts and evidence. No lawyer or platform can properly promise that a charge will be withdrawn, a particular sentence will be imposed or an appeal will succeed.
Court interpreters, disability adjustments, culturally appropriate services and support for children or vulnerable people may be available. Ask the lawyer or court as early as possible. If another order is connected, such as a family violence order, licence suspension, professional restriction or immigration issue, tell the lawyer because coordinated advice may be needed.
Traffic offences, investigations and related consequences
Serious driving charges, drink or drug driving, dangerous driving, licence offences and some infringement disputes may require a criminal or traffic lawyer. The available court process, licence consequence and review pathway differ by jurisdiction. A notice may contain an election, payment or court process, but the effect of using an option should be checked before acting if the consequence matters to employment, mobility or another legal issue.
Investigations can involve search warrants, seized property, digital devices, financial records, regulator notices or interviews with several people. Businesses and professionals may need both criminal-law advice and advice about employment, regulatory, licensing or insurance obligations. Preserve notices and records in their original form. Do not delete, alter or coordinate accounts with other people because doing so may create further issues.
A criminal outcome can sometimes affect a visa, working-with-children clearance, professional registration, employment, firearms licence or travel. Raise these connections with the lawyer before making an important decision. A criminal lawyer may recommend coordinated advice from an immigration, employment or regulatory specialist.
Sentencing, review and appeal questions
Sentencing follows legal principles and considers the offence, facts, applicable legislation, personal circumstances and material properly before the court. A lawyer may advise what evidence and submissions are relevant, but cannot guarantee a penalty. Character references, medical material, treatment records and other documents should be prepared only after receiving guidance about purpose, content and confidentiality.
Review and appeal pathways are technical. The available court, grounds, permission requirements and timing depend on the decision and jurisdiction. A person dissatisfied with a conviction, sentence, bail decision or other order should obtain direct advice promptly and provide the sealed order, reasons, transcript information and date they received the decision. Do not rely on a general statement that every decision can be appealed.
If the person previously had a lawyer, the new lawyer may need the earlier file or authority to obtain it. Explain any concern about prior representation factually. A costs complaint or professional-conduct issue may follow a different pathway from the criminal case itself and may need separate advice.
Preparing for a confidential legal conversation
Prepare a short factual chronology, the names of the people and agencies involved, and a list of documents. Tell the firm about any imminent police or court event before sending a long narrative. The firm may first need enough names to perform a conflict check. Follow its secure-document instructions and avoid sending original evidence unless requested.
Information provided to MatterPath is handled under its Privacy Notice, but it is not automatically protected by legal professional privilege. MatterPath is not a law firm. A privilege question can depend on who communicated, why and in what circumstances. If a fact or document is particularly sensitive, ask the prospective lawyer how to provide it after the firm has completed its initial checks.
Ask who will handle the matter, whether urgent attendance is available, what work is included, how costs and disbursements are explained, and what the next decision point will be. Legal Aid, Aboriginal and Torres Strait Islander Legal Services and community legal services may be alternatives depending on eligibility and capacity.
Information to have ready for a criminal-law enquiry
Do not delay urgent direct help while trying to assemble a complete file. Share only what the lawyer or official service asks for through an appropriate channel.
- The immediate event: police contact, interview, arrest, bail, charge or court appearance
- The state or territory and the police station, agency or court involved
- Any date, time, location, condition or reference number printed on a notice
- Charge sheets, court notices, bail papers, orders and correspondence
- Whether the person is in custody or faces an immediate safety or health concern
- Names needed for the law firm's conflict check
- A short factual chronology without speculation or coordinated accounts
- Any connected licence, employment, professional, family violence or immigration issue
- Language, disability, cultural or safe-contact requirements
- Questions about scope, availability, costs and the next legal event
Common questions
Frequently asked questions
Should I use MatterPath while someone is in custody?
Do not rely on MatterPath for an urgent custody matter. Contact a criminal lawyer, the relevant Legal Aid Commission or an available duty-lawyer service directly. Call 000 if there is an immediate medical or safety emergency.
Can MatterPath tell me what to say to police?
No. The applicable rules depend on the jurisdiction, the police power and the person's circumstances. MatterPath does not provide legal advice. Obtain direct advice from a qualified criminal lawyer or Legal Aid before an interview or other important police step.
Will a duty lawyer handle the whole case?
Not necessarily. Duty-lawyer eligibility, availability and scope differ between courts and jurisdictions. A duty lawyer may provide limited help for the immediate event. Ask what is covered and whether further representation must be arranged.
Does paying a fine always finish a traffic matter?
Do not assume so. Payment, an election or a court process can have licence, employment, insurance or other consequences. Check the notice and obtain jurisdiction-specific advice before choosing an option if the consequence is important.
Can a lawyer guarantee bail, withdrawal of a charge or a particular sentence?
No. Outcomes depend on the law, facts, evidence and decision-maker. A lawyer can advise on options, prepare the matter and explain risk, but should not guarantee a result.
Is information entered into MatterPath legally privileged?
Not automatically. MatterPath is not a law firm and using the platform does not itself create a lawyer-client relationship. Review the Privacy Notice and ask a selected firm how to send especially sensitive material after its initial checks.
Verified references
Sources and official help
These official resources were checked on 26 August 2026. Use the linked service for its latest information.
- Triple ZeroAustralian Government
- Find legal helpNational Legal Aid
- Legal assistance servicesAustralian Attorney-General's Department
- Talking to the policeLegal Aid Queensland
- Get help at courtLegal Aid Western Australia