The Process After You're Charged

Most criminal cases in NSW move through the same five stages.

1. 01

   Charge, bail and release

   Police decide whether to release you on bail, with or without conditions, or hold you for a bail hearing. What you say at this point — including to police, before you've had legal advice — can end up in the brief of evidence.

   Day of arrest
2. 02

   First mention in court

   Your first court appearance. For most charges, you don't need to enter a plea yet — this is usually about confirming legal representation and setting a timetable for the case.

   Days to weeks after charge
3. 03

   Brief of evidence & case conference

   Police serve their evidence — statements, exhibits, CCTV, forensic material. We review it in detail, identify weaknesses, and where appropriate, negotiate with the prosecution about the charges themselves.

   Weeks after first mention
4. 04

   Plea

   Based on the evidence, you decide whether to plead guilty or not guilty. This is your decision — my role is to make sure it's an informed one, made with a clear picture of the likely outcomes of each path.

   Once the evidence is reviewed
5. 05

   Hearing, trial or sentencing

   A defended matter proceeds to hearing or trial, where the prosecution must prove its case. A guilty plea moves to sentencing, where the focus shifts to the strongest case for the most favourable outcome available.

   Months after charge, matter-dependent