Going to Court Soon? What to Do Right Now

I have court tomorrow and no lawyer. What do I do?

Do not panic, and do not skip it. Call Legal Hotline tonight for free legal information about your options, and ring your state or territory's Legal Aid line if you can. Then arrive at court early and ask the court staff to see the free duty lawyer — they can often advise you on the day and sometimes appear for you. If you are not ready, you can ask the magistrate to adjourn the matter so you can get advice.

What happens if I just don't turn up?

Not appearing usually makes things worse. The court can deal with the matter in your absence — including convicting and sentencing you — and may issue a warrant for your arrest. If you genuinely cannot attend or are running late, contact the court or a lawyer immediately and ask for an adjournment rather than simply not showing up.

Can I get my court date postponed?

Often yes, at least once. You can ask the magistrate to adjourn (postpone) your matter to a later date so you can get legal advice before entering a plea. This is commonly granted on a first appearance, though it is ultimately the magistrate's decision, and how long the adjournment is for is up to the court.

Should I just plead guilty to get it over with?

Not before you get advice. A guilty plea is generally final and hard to undo, and for many traffic offences the penalty — including a fine, conviction or licence disqualification — can take effect immediately. Even a quick chat with the duty lawyer first can change the outcome. If in doubt, ask for an adjournment instead of pleading on the spot.

Do I have to answer police questions?

Generally no. You usually must give police your name and address (and in some situations your date of birth), but beyond that you can decline to answer and say "no comment". Get legal advice before any police interview. There is a limited exception in NSW for serious indictable offences, where a court can sometimes draw an unfavourable inference from silence — but only if a special caution was given and your own lawyer was physically present at the time. The safe rule everywhere is: get advice first.

What's the difference between legal information and legal advice?

Legal information is general — it explains how the law and the courts work, like what a mention is or what your options are on the day. Legal advice is specific to your situation and your facts, and in Australia must come from an admitted lawyer. Legal Hotline gives you free legal information and is not a law firm; if you want advice on your specific case, we can book you a fixed-fee consultation with an admitted Australian lawyer.

How should I behave and what should I bring to court?

Dress neatly, turn your phone off, be respectful, stand when the magistrate enters and address them as "Your Honour". Arrive early and check the day's court list to confirm your courtroom. Bring all your paperwork — the charge sheet or court attendance notice, any police facts and prior correspondence — plus a written list of your questions. Do not drive yourself if you may be disqualified that day.

My matter involves family violence or someone's safety. Where do I start?

Safety comes first. If anyone is in immediate danger right now, call 000. For family or domestic violence, call 1800RESPECT on 1800 737 732 any time, 24 hours a day, 7 days a week, for free confidential counselling, safety planning and referrals. A criminal court date does not protect you from an ongoing threat. Family-law matters (such as urgent parenting orders or family-violence protection orders) run through different courts with their own urgent application processes — deal with immediate safety first, then your court matter.