Going to Court 1 – Preparing for the Day
Going to Court is a nerve-racking experience for most people. However, your day in Court will be a little easier if you know how to prepare, who’s who in the courtroom, who does what, what you’re supposed to do, and how it all works.

Get legal advice as soon as possible
The consequences of being convicted (convicted = pleading guilty or being found guilty) of a criminal offence can be severe; often worse than you might think. Apart from the Court penalty (eg prison, fine, community service etc), the conviction will go on your criminal record, possibly reducing your job prospects and overseas travel opportunities. Even relatively minor offences such as driving without a licence, possession of small amounts of drugs, minor assaults etc can carry harsh consequences. You should therefore contact a criminal lawyer as soon as possible for advice about the charge, the possible penalties and the best course of action for your particular case. It is important to get that advice even if you intend to represent yourself in Court.

Write down what happened
Whether or not you have a lawyer, carefully read the allegations against you (they are contained in the Summons or the police ‘facts’), taking special note of anything that isn’t right. You should then write down in your own words everything that actually occurred at the time of the alleged offence. Don’t worry if you can’t remember everything or if some of the things aren’t really relevant; the important thing is that you record the events while they are still relatively fresh in your memory. If you have a lawyer, your notes may help him or her understand and effectively present your case in Court.

Get all your papers ready
Put all your documents together, including your version of the events, your bail undertaking, the Summons or the facts/charge sheets, etc. If you have a lawyer, give them to him or her before the Court date. If not, bring them to Court with you.

Request an interpreter if you need one
If English is not your best language, ring the Court Registry (office) and ask them to arrange an interpreter for your Court appearance. You should do this as early as possible to ensure that an interpreter is available. The service is free.

Be sure of the date, time and place
Always check and record your Court date and time. That information will appear in the Summons, the charge sheet and/or your bail form. The suburb of the Court will also appear in those documents. If you don’t have the documents, ring and ask the relevant police station (ie the police that arrested you or sent the Summons). If you don’t know the address of the Courthouse, ring the Court Registry or look in the White Pages. If your matter has already been to Court and you are unsure of the next Court date, ring and ask the Court Registry.

Note: if you fail to appear in Court, your matter may be decided in your absence and/or a warrant may be issued for your arrest.

How can a solicitor help me?
If you are summoned or charged, you should contact a solicitor (lawyer) who is familiar with the criminal law. He or she can: 

·        advise you of your rights;

·        explain the charges against you;

·        explain your alternatives;

·        make a bail application for you in Court (if you are refused bail by police); and

·        represent you at your Court hearing.

For personalised advice and/or Court representation: Contact us now

For more information, see:
 http://www.lawlink.nsw.gov.au/lac/lac.nsf/print/goingct