The moment police charge you in Sydney — whether for assault, drug possession, drink driving, or any other criminal or traffic offence — your life can feel like it’s spinning out of control. Suddenly you face court dates, possible bail conditions, and the very real risk of a criminal record that lasts ten years. Understanding exactly what happens after you are charged by police is the first step toward protecting your rights and achieving the best possible outcome.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney guide clients through every stage after being charged. We appear daily in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown, Sutherland and Penrith Local Courts, helping people secure bail, obtain Section 10 non-conviction orders, and fight charges successfully. This guide explains the process step by step, your rights, critical decisions you must make, and why early representation from an experienced criminal lawyer in Sydney can dramatically change the result.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
Immediate Steps After Being Charged
The first 24–48 hours are critical. Police will usually issue a Court Attendance Notice (CAN) or arrest you. If arrested:
- You have the right to silence — do not answer questions beyond basic identification without a lawyer present.
- Request to contact a lawyer immediately (s 89 LEPRA).
- Police must allow reasonable opportunity to speak with a lawyer before formal interview.
If released on bail or with a CAN, note the first court date carefully. Missing it can lead to a warrant and harsher outcomes.
The General Court Process After Being Charged
First Mention
Your first appearance in the Local Court. The magistrate confirms the charges, sets a plea date, and decides bail. This is the best opportunity to apply for bail or vary conditions. For serious charges (show-cause offences), you must show cause why detention is not justified.
Plea and Case Management
You enter a plea (guilty or not guilty). Early guilty plea attracts up to 25% sentencing discount. Not guilty plea leads to a defended hearing or committal to District Court for serious matters.
Defended Hearing or Trial
Evidence is tested. Police must prove every element beyond reasonable doubt. Strong cross-examination and technical challenges (unlawful search, unreliable identification) can result in not-guilty verdicts or charges being withdrawn.
Sentencing
If guilty, the court considers objective seriousness and subjective factors (remorse, rehabilitation, hardship) to decide penalty. Strong mitigation can lead to Section 10 dismissals, bonds, or non-custodial sentences.
Your Rights After Being Charged
- Right to silence and legal advice before questioning.
- Right to apply for bail and have it reviewed.
- Right to see the police facts and evidence.
- Right to challenge unlawful searches or procedures (s 138 Evidence Act 1995).
- Right to present strong subjective material for leniency.
Common Mistakes People Make After Being Charged
- Speaking to police without a lawyer — admissions can destroy defences.
- Missing court dates — leads to warrants.
- Contacting the alleged victim in AVO matters — creates new charges.
- Delaying legal advice — missing opportunities for early resolution or Section 10.
How to Achieve the Best Outcome
Early engagement with a criminal lawyer allows:
- Urgent bail applications and Supreme Court appeals if refused.
- Strategic plea decisions and negotiations with prosecutors.
- Gathering evidence and character material early.
- Completion of programs (TOIP, MERIT, anger management) before sentencing.
- Powerful Section 10 applications in suitable cases.
Real Outcomes We Have Achieved in Sydney Courts
- First-time drug possession: Section 10 dismissal after SMART Recovery and employment evidence.
- Common assault: Charge withdrawn after self-defence evidence presented at hearing.
- Low-range PCA: Section 10 with no disqualification after strong mitigation.
Contact Nicopoulos Sabbagh Lawyers Today
If you have been charged by police in NSW, do not face it alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we provide urgent, expert guidance from the first moment after being charged.
Call 0427 101 499 or 02 9793 7016, email info@nslaw.net.au, or visit www.nslaw.net.au for immediate advice.
We appear daily in every major Sydney court and know exactly what to do after you are charged by police in 2026. Let one of Sydney’s most experienced criminal law firms protect your rights and fight for the best possible outcome.
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Ethical Note: This article provides general information on traffic offences and legal options in NSW and does not guarantee specific outcomes. Results depend on individual circumstances. Always obtain personalised legal advice from a qualified professional. For expert assistance, contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!
GOING TO COURT?
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as of 17th June 2026.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.