I have been charged

Being charged is frightening. Take a breath. This guide is general information only. If you are in danger, call 000. If you are struggling, Lifeline is on 13 11 14.

What this usually means

A charge means police say you committed an offence. It is not a finding that you did. A court decides that, and only if the charge goes ahead.

Police do not have to arrest you to charge you. Legal Aid Queensland lists four common ways.

• Arrest and custody. Police hold you at a watch-house until you can be taken to court, where you can apply for bail.
• Notice to appear. This is like a summons. It says what the charge is, and when and where to go to court.
• Complaint and summons. Given or sent to you, with a court date and the charge.
• Opposing an infringement notice. You go to court instead of paying a fine.

If you are 17 or older, you go to the Magistrates Court. Your first date is called the first mention.

If you were given bail, you signed a bail undertaking. This is a written promise to come to court on the date stated. It may come with conditions, such as reporting to a police station or living at a set address.

What you can do now

1. Read your paperwork and write down the court, date and time. Put it in your phone and on the fridge. This is the most important step.
2. Follow every bail condition. Breaking a condition is a separate offence. If a condition is not workable, ask a lawyer how to apply to change it.
3. Get legal help before the date. Call Legal Aid Queensland, a community legal centre or ATSILS. For serious charges, you can apply for a grant of legal aid. Ask whether you are eligible.
4. Ask for the police version (the QP9). You can usually get it from the police prosecutor on your first date, or ask the duty lawyer.
5. Do not talk about the charge with police or others until you have had advice. See our guide on being questioned by police.
6. Look after yourself. Tell someone you trust. Lifeline is on 13 11 14.

Time limits

• Your court date is the date on your notice to appear, summons or bail undertaking. Missing it can lead to a warrant for your arrest and a further charge.
• Other dates depend on the charge. A duty lawyer or your own lawyer can tell you what applies.

If it goes further

On the first mention a duty lawyer is usually available at the courthouse. They can look at what police charged you with, explain the charge, ask for an adjournment so you can get more advice, and apply for bail if needed. They usually do not handle complex matters, so ask about legal aid or other representation.

You can then ask for more time, plead guilty, or plead not guilty. A not guilty plea means a new date is set and the prosecution has to prove the charge beyond reasonable doubt. A lawyer can explain what each step involves. We cannot tell you what to do.

If the charge is serious it may be sent to a higher court. Keep your address up to date with the court so you do not miss notices.

Support while you wait

The time between being charged and the first court date can be long. It is normal to feel anxious, to sleep badly or to be unable to think about anything else. Talk to someone you trust. Lifeline is on 13 11 14 at any hour.

You may also worry about work, a licence or a visa. A lawyer can tell you whether a charge could affect those. Do not guess, and do not rely on what friends say about similar cases. Every charge is different.

Keep everything in one place: your notice or summons, bail papers, any letters from the court, and notes of dates. If you move house, tell the court and police right away so you do not miss a notice.

Questions to ask whoever helps you

• What exactly am I charged with, and what could happen?
• Can I get legal aid, or free help from a community legal centre or ATSILS?
• What should I say, and not say, to police or anyone else about the charge?
• What do my bail conditions mean, and how can I change them?
• What should I bring to my first court date?