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You've Been Arrested or Charged: What to Do Now

If you or someone you care about has just been arrested or charged, the most important things are to stay calm and protect your rights. You generally do not have to answer police questions beyond giving your name and address, and you are entitled to speak to a lawyer before any interview. This page sets out free legal information about what usually happens next and how to get help quickly, anywhere in Australia. If anyone is in immediate danger, call 000.

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The hours after an arrest matter: police may want to interview the person, and bail is decided as soon as practicable. Getting advice before any interview, and before the first court date, can make a real difference.

You've Been Arrested or Charged at a glance

Immediate danger

Call 000 (police, ambulance, fire) if anyone is in immediate danger right now.

Right to silence

You usually must give your name and address, but beyond that you can say: 'I want to speak to a lawyer and I don't wish to answer questions.'

Right to a lawyer

You can phone a lawyer before any police interview. A free duty or Legal Aid lawyer is usually available at the first court date, and Legal Aid commissions run after-hours custody help lines.

Bail

Police can grant bail, or the person is brought before a magistrate as soon as practicable (often within about 24-48 hours, but this varies by state and territory). A refusal can usually be taken to a higher court.

First court date

Usually a 'mention' — you are generally not required to enter a plea and can ask to adjourn to get advice. Do not feel pressured to plead guilty on the first day.

State vs federal

Most offences are state or territory matters (state police, Magistrates'/Local Court). Some are Commonwealth offences (AFP and CDPP), and procedure differs by jurisdiction.

Family violence

1800RESPECT (1800 737 732) is the national 24/7 support line. A protection order (AVO or intervention order) is separate from the criminal charge.

What happens in the first hours after an arrest

After an arrest, police can either release the person — sometimes on police bail with a future court date — or hold them in custody. If held, they must be brought before a magistrate as soon as practicable so a court can decide bail.

Before any recorded interview, police should let the person phone a lawyer and a family member or friend. If they don't offer, ask. The person also has the right to an interpreter and to medical attention if needed, and to be told the officer's name, rank and station.

The single most useful thing in these early hours is to get legal advice before answering questions or signing anything. What is said to police — anywhere, not just at the station — can be used in court. Talk it through with a lawyer now →

Your rights when dealing with police

• Right to silence: you generally do not have to answer police questions or take part in a recorded interview. You must usually give your name and address (and for driving matters, your licence details). Limited exceptions apply to some offences, so get advice before relying on it.

• Right to a lawyer and a phone call before any interview.

• Right to an interpreter and to medical attention.

• Right to be told the officer's name, rank and station.

A clear, polite line works in almost every situation: 'I want to speak to a lawyer and I don't wish to answer questions.' This is information about how rights generally work in Australia — it is not legal advice about a specific charge. Talk it through with a lawyer now →

How bail works

Bail is the decision about whether a person waits for their court date at home or in custody. It must be considered as soon as practicable after charge.

• Police bail: police can decide to release the person themselves, often with conditions (for example, reporting to a station, a curfew, or not contacting certain people).

• Court bail: if police refuse, the person is brought before a magistrate to apply for bail — in practice often within about 24-48 hours, but this is a general guide that varies by state, territory and the circumstances.

• If a magistrate refuses bail, you can usually apply to a higher court (such as the Supreme Court) for bail.

Breaching a bail condition — for example, contacting an alleged victim — can lead to fresh charges, so it is worth understanding every condition before leaving the station. Talk it through with a lawyer now →

The first court date (the 'mention')

The first court appearance is usually a 'mention'. You are generally not required to enter a plea, and the matter can be adjourned so you can get legal advice. Do not feel pressured to plead guilty on the first day.

A free duty lawyer or Legal Aid lawyer is usually available at court and may be able to speak for you on the day. Turning up matters: missing a court date can lead to a warrant and can hurt a future bail application.

Most everyday charges (assault, drink-driving, drug possession, theft, family-violence offences) start in the local Magistrates' Court — called the Local Court in NSW. More serious (indictable) matters move up to the District or County Court, or the Supreme Court. Talk it through with a lawyer now →

State, territory and federal charges — why it varies

Australian criminal law is mostly run by each state and territory, so court names, bail rules and procedure differ depending on where the arrest happened (NSW, VIC, QLD, SA, WA, TAS, ACT, NT).

• State and territory offences — most everyday charges. Investigated by state or territory police, prosecuted by the local Director of Public Prosecutions or police prosecutors, and started in the Magistrates'/Local Court.

• Commonwealth (federal) offences — things like importing drugs, tax or social-security fraud, and some immigration, aviation and cyber offences. Investigated by the Australian Federal Police (and bodies like the ATO or ASIC), prosecuted by the Commonwealth Director of Public Prosecutions (CDPP), but still heard in the relevant state or territory court.

Because penalties, timeframes and court names differ so much, it is important to get advice specific to where the matter is and what the charge is. Talk it through with a lawyer now →

Safety, children and family violence

If anyone is in immediate danger right now, call 000 (police, ambulance, fire).

For family or domestic violence, 1800RESPECT (1800 737 732) is the national 24/7 counselling and support line (you can also text 0458 737 732 or use the online chat on their website). It can help with safety planning, a protection order, medical care and emergency accommodation. For non-urgent police matters, you can call the Police Assistance Line on 131 444 or attend a station.

A family-violence protection order (called an AVO or ADVO in NSW, an intervention order or protection order elsewhere) is a civil protective order — separate from the criminal charge itself. If a child's safety is at risk, raise it urgently with police; the Federal Circuit and Family Court of Australia can hear urgent parenting applications, and state courts can make urgent interim protection orders quickly.

If you are subject to a protection order or a bail condition, do not contact the protected person — breaching it can lead to fresh charges. Talk it through with a lawyer now →

How Legal Hotline can help you right now

Legal Hotline is a free, 24/7 service that gives you clear legal information the moment you need it — and helps you take the next step. We are not a law firm, and what we provide is legal information, not legal advice about your specific situation.

• Talk it through now: we can help you understand what an arrest, charge, bail or a first court date generally involves, in plain language.

• Get the right help fast: we can point you to the urgent services that apply — 000 in an emergency, Legal Aid and after-hours custody help lines, and 1800RESPECT for family violence.

• Book a fixed-fee consultation: when you are ready for advice on your actual charge, we can book you a fixed-fee consultation with an admitted Australian lawyer, so you know the cost up front.

Criminal matters move quickly and the rules differ by state and offence, so reaching out early gives you the best chance to make calm, informed decisions. Talk it through with a lawyer now →

What to do in the next few hours

Stay calm and protect the right to silenceDo not physically resist or obstruct police — that can be a separate offence. Give your name and address when required, then say clearly: 'I want to speak to a lawyer and I don't wish to answer questions.' Don't try to 'explain your side' or guess at answers before getting advice.

Speak to a lawyer before any interviewPhone a criminal lawyer, Legal Aid or a duty lawyer before any police interview and before signing anything, giving passwords, or consenting to a search. Legal Aid commissions run after-hours custody help lines, and Aboriginal and Torres Strait Islander Legal Services provide free help in each state and territory.

Sort out bail and conditionsFind out whether police are granting bail or the person will be brought before a magistrate. Make sure you understand every condition — especially any rule about not contacting an alleged victim or witnesses — because breaching it can lead to new charges. If a magistrate refuses bail, ask about applying to a higher court.

Note what happened and attend every court dateAs soon as you can, write down times, the officers involved and what was said. Don't discuss the matter on social media or with anyone except your lawyer. Turn up to every court date — missing court can trigger a warrant — and when you're ready, book a fixed-fee consultation with an admitted Australian lawyer through Legal Hotline.

You've Been Arrested or Charged — your questions answered

Do I have to answer police questions?

Generally no. You usually must give your name and address (and licence details for driving matters), but beyond that you have a right to silence. A safe line is: 'I want to speak to a lawyer and I don't wish to answer questions.' Some offences have limited exceptions, so get legal advice before relying on the right to silence. This is general legal information, not advice about your specific situation.

Can I speak to a lawyer before a police interview?

Yes. Before any recorded interview you are generally entitled to phone a lawyer, and a family member or friend. If police don't offer, ask. Legal Aid commissions run after-hours custody help lines, and a free duty or Legal Aid lawyer is usually available at the first court date.

How long can police hold someone before they go to court?

Bail must be considered as soon as practicable after charge. Police can grant bail themselves, or the person is brought before a magistrate to apply for bail — in practice often within about 24-48 hours, but this is a general guide that varies by state, territory and the circumstances, not a fixed national deadline.

What happens at the first court date?

The first appearance is usually a 'mention'. You are generally not required to enter a plea and can ask to adjourn to get legal advice. Do not feel pressured to plead guilty on the first day. Attend every court date — missing one can lead to a warrant and can hurt a future bail application.

What if bail is refused?

If a magistrate refuses bail, you can usually apply to a higher court — for example the Supreme Court — for bail. A lawyer or duty lawyer can explain the process and help prepare the application. Because bail laws differ by state and territory, advice specific to the jurisdiction matters.

What's the difference between a state charge and a federal charge?

Most everyday offences (assault, drink-driving, drug possession, theft, family-violence offences) are state or territory offences — investigated by state or territory police and started in the Magistrates' or Local Court. Some offences are Commonwealth (federal), such as importing drugs or tax or social-security fraud, investigated by the AFP and prosecuted by the CDPP. Federal matters are still heard in the relevant state or territory court, but procedure and penalties differ.

There's family violence involved — what should I do?

If anyone is in immediate danger, call 000. For family or domestic violence, 1800RESPECT (1800 737 732) is the national 24/7 support line (you can also text 0458 737 732 or use the online chat on their website) and can help with safety planning, a protection order, medical care and emergency accommodation. A protection order (AVO or intervention order) is separate from the criminal charge. If you are subject to one, do not contact the protected person — breaching it can lead to fresh charges.

Is Legal Hotline a law firm, and is it free?

No, Legal Hotline is not a law firm — it is a free, 24/7 service that gives you legal information, not legal advice about your specific case. Talking to us is free. When you want advice on your actual charge, we can book you a fixed-fee consultation with an admitted Australian lawyer so you know the cost in advance.