Frequently Asked Questions

Focused on Your Best Result

Frequently Asked Questions

I’ve just been arrested. What do I do now?

Don’t do an interview with the police! Instead tell them you want to speak with your lawyer and then call Mickaela Mate from Mate Lawyers on 0431 704 563. You can even make this call from the police station.

The police will prepare important paperwork and you will receive a copy. You need to give this copy to Mickaela as soon as possible.

If you have been granted bail, you also need to check that you understand your bail conditions to ensure you don’t accidentally breach any of them. If you aren’t sure, we can help you.

Remember to record your court date in your calendar and speak to us about what will happen and what you need to do.

Will I need to say anything in Court?

The short answer is no. As your lawyer, one of Mickaela Mate’s jobs is to speak on your behalf in Court. She is also there to advocate for you and suggest how the law should be applied to your specific situation.

The judge or magistrate may ask you questions. If that occurs, you simply need to answer politely and honestly. When responding, you need to call them “Your Honour”.

Depending on your case, you may need to give evidence but this is unusual and we try to avoid it, if possible. We will always advise you on whether it is necessary and this decision is based on the evidence presented during the hearing.

Will I go to gaol?

Often, your likelihood of going to gaol will depend on your charges. For example, charges relating to murder and manslaughter will include gaol time as bail is usually denied. In these situations, the question should actually be about how long you can expect to be in gaol. That’s why it is so important to have an experienced defence lawyer on your side – like the team from Mate Lawyers.

For other categories of crime, your chances of going to gaol will vary with your situation. Importantly, imprisonment is always considered a last resort for the Courts and we will tell you if we think it’s a possibility in your case.

I don’t understand what I’ve been charged with

That’s ok. It’s common and part of our role is to determine what charges have been laid against you. That’s why it’s so important to contact Mate Lawyers on 0431 704 563 as soon as possible.

We understand the law and will explain the charges to you. We’ll also explain the evidence collected against you and get your side of the story. Often, there’s much more to the story than what the police are saying. Once we have that information, we’ll explain your defence options and any factors we believe will reduce your moral culpability. In turn, this could lead to a reduced sentence or possibly a finding of not guilty.

I’m not guilty! What do I do?

First and foremost, contact Mate Lawyers on 0431 704 563 so we can prepare your case and your defence strategy to ensure you obtain the best possible results.

There are multiple ways we can do this for you.

We can ask for the charges against you to be withdrawn and provide information on why the prosecution can’t prove those charges. If this is successful, the charges will be withdrawn and the case dismissed without any finding of guilt.
We can evaluate the evidence and prepare a defence. In these situations, your matter will need to go to a hearing or trial where the prosecution will present their evidence. After that, we have the opportunity to argue there is no case and that the prosecution has failed to provide sufficient evidence to the standards required by the Courts.
We can follow the process described in the previous point and take it further by asking you to give evidence to establish your defence. It means you will probably be required to speak in court, although there is also the possibility that a witness could provide evidence to support you.

Whichever approach is adopted, Mate Lawyers will ensure we get the best result for you.

How many times will I need to go to Court?

This will vary depending on your charges. For example, you may only need to appear once in matters such as drink driving, negligent driving or if you are pleading guilty to charges such as possessing a prohibited drug.

However, some charges require many court appearances – especially if you are on bail. For example, in a sexual assault matter that goes to trial because you are not guilty, you can expect to appear before the Courts approximately 10-15 times before you even get to trial. The reason for this is due to specific procedures that some matters need to follow, and the Court wants to see that you are adhering to your bail conditions while in the community. The only way they can do this is for you to appear in person.

At Mate Lawyers, we understand appearing in Court is highly stressful for our clients. So we always try to minimise your court appearances wherever possible.