What Happens After Charges Are Laid? How National Criminal Lawyers® Prepare You for Every Step
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What Happens After Charges Are Laid? How National Criminal Lawyers® Prepare You for Every Step

ByBella Vista Criminal Lawyers

Introduction: Clarity in the Chaos

Few moments feel as overwhelming as discovering you’ve been charged with a criminal offence. One minute you’re going about your life, and the next, police paperwork, interview requests, and a court date arrive at once. Many clients tell us they didn’t sleep for days. Others feared losing their job, their visa, or custody of their children.

At National Criminal Lawyers®, we believe that the greatest antidote to fear is information, structure, and transparency. You deserve to know exactly what happens after charges are laid, step by step, start to finish. And you deserve a defence team that guides, prepares, explains, negotiates, and fights at every stage.

This blog provides a complete walkthrough of what happens from the moment you’re charged to the moment your case is dismissed or finalised, based on the real strategies we apply in case studies like:

It will also link to key legal concepts we regularly use, such as:

By the end, you’ll understand not only what happens, but how we defend you and why thousands of clients put their trust in National Criminal Lawyers®.

Step 1: Your Charges Are Laid. What Happens Immediately?

When police lay charges in NSW, you’ll receive either:

  • A Court Attendance Notice (CAN), or
  • A Field Court Attendance Notice (FCAN), or
  • You’ll be arrested and taken to the station for bail considerations.

Each CAN includes:

  • The charge (e.g. assault, domestic violence, drug possession, fraud)
  • The date of alleged offence
  • A court date
  • A police Fact Sheet setting out their version of events

You must appear at court unless your lawyer arranges otherwise (in some minor matters).

Critical warning: The police Fact Sheet is not gospel. It is often exaggerated, incomplete, or one-sided. Our job begins with dismantling it.

STEP 2: Your First Consultation With National Criminal Lawyers®

At this stage, most clients feel overwhelmed. Your first consultation is designed to:

  • Stabilise your situation
  • Explain the law & what the charge really means
  • Set out all possible outcomes
  • Develop a defence path
  • Gather documents & begin investigation

We review:

  • The Fact Sheet
  • Charge documents
  • Any evidence you have (texts, CCTV, witnesses, emails)
  • Bail conditions
  • Your criminal history (if any)
  • Your employment, visa, family, and personal circumstances

This consultation often takes over an hour, because we want to know everything that can help your defence.

STEP 3: Letters of Representation to Police & Prosecution

This is where National Criminal Lawyers® stands out.

A Letter of Representation is a carefully structured document we send to:

  • The Officer in Charge (OIC)
  • The Domestic Violence Liaison Officer (if applicable)
  • The Local Court Prosecutor
  • Or the DPP for serious matters

Our letter may request:

  • Immediate withdrawal of the charges
  • Downgrading the charges
  • Withdrawal of the AVO
  • Diversion to a Section 14 mental health application
  • A different interpretation of the incident
  • Correction of inaccuracies in the Fact Sheet
  • Non-prosecution due to insufficient evidence

We reference legislation, case law, and past precedents such as:

In many of our case studies, this stage alone secured complete charge withdrawal, saving clients from trial, conviction, and public shame.

STEP 4: The Case Conference / Negotiation Phase

Under the NSW Early Appropriate Guilty Plea reforms, every matter must go through a case conference if the charge is serious enough.

During this stage, we:

  1. Negotiate directly with police or the DPP
  2. Challenge weaknesses in evidence
  3. Request further disclosure
  4. Point out legal defences
  5. Provide material supporting withdrawal or diversion

Examples from our case studies:

  • We persuaded the prosecution to withdraw assault charges where witness accounts conflicted heavily
  • We convinced the police to revoke an AVO after exposing inconsistencies and lack of evidence
  • We reduced serious charges to lesser ones through evidence-based submissions

This is where our negotiation skillset truly shines.

STEP 5: Building the Defence

If the prosecution refuses to withdraw the charges, we prepare for a defended hearing.

This preparation includes:

Detailed Evidence Review

We pull apart:

  • CCTV
  • 000 calls
  • Text messages
  • Police body-worn footage
  • Witness statements
  • Medical records
  • Social media posts

Preparing Legal Arguments

This includes:

  • Self-defence
  • Identity issues
  • Consent
  • Duress
  • Mental health / s14 defence
  • Unreliable witness testimony
  • Abuse of process arguments

Subpoenas

We issue subpoenas for material the prosecution “forgets” to obtain, especially in domestic violence matters (CCTV, security logs, Uber receipts, medical reports).

Preparing You for Court

We explain:

  • What will happen
  • How to answer questions
  • How cross-examination works
  • How to present yourself
  • How to handle stress and nerves

No client of ours ever walks into court unprepared.

STEP 6: The Hearing or Trial

At this stage, your defence lawyer:

  • Cross-examines witnesses
  • Challenges inconsistencies
  • Exposes fabrication or exaggeration
  • Applies legal tests such as Murray & Filipetti directions
  • Makes submissions on reasonable doubt

Our success comes from precision and preparation, as seen in the Not Guilty Domestic Violence case at Parramatta, where our lawyer dismantled the complainant’s allegations using timeline contradictions and phone metadata.

Every defence is tailored, no copy-paste advocacy.

STEP 7: Sentencing (If Found Guilty) or Dismissal (If Found Not Guilty)

If You’re Found Not Guilty

We will:

  • Apply for costs (where appropriate)
  • Ensure your record is cleared
  • Request that online search results be corrected if your name has been published
  • Advise on defamation rights where allegations were public or malicious

If You Plead or Are Found Guilty

We pursue the best sentencing outcome, including:

Our sentencing submissions draw on:

  • Psychological reports
  • Character references
  • Engagement with counselling
  • Employment consequences
  • Rehabilitation efforts

Our goal is always the same:
No conviction where possible, and the mildest sentence where not.

What Makes National Criminal Lawyers® Different

Clients consistently choose us because:

We intervene early

Most firms don’t use Letters of Representation. We do. And they win cases before court.

We treat every case as winnable

We do not assume guilt. We search for doubt. We search for legal flaws. We search for withdrawal opportunities.

We communicate constantly

You will never feel left in the dark. We explain everything. We prepare you. We support you.

We have a proven structure

Our process, from first consultation to sentencing, is consistent, predictable, and evidence-based.

Our case studies show results

We publish detailed case studies because we believe in transparency and skill.

Conclusion: You Don’t Face This Alone

Being charged with a crime is frightening, but with the right defence team, it doesn’t have to define your future.

National Criminal Lawyers® guide you through:

  1. The first phone call
  2. The first court date
  3. The negotiation phases
  4. The evidence battles
  5. The hearing
  6. The outcome
  7. The rebuilding of your life

We are fighters. We are advocates. And we are in your corner from day one. Not only that, we have the results to show for it. We look forward to ensuring your best outcome and future.

📞 Call 1800 CRIM LAW📍 Offices across Sydney & Parramatta

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