Frequently Asked Questions

If you have been charged with a criminal offence, it is important to seek legal advice as soon as possible. Early advice can help you understand the allegations, protect your rights and ensure important steps are taken before your first court appearance.

Even for a first offence, the outcome can have lasting consequences. A lawyer can help you understand your options, prepare your case and present relevant information to the court that may assist in achieving the best possible outcome.

Many criminal and traffic offences require a court appearance, while others may be dealt with through other processes. The requirements will depend on the nature of the offence and your individual circumstances.

Your first appearance is usually a procedural hearing where the court determines how the matter will progress. Depending on the circumstances, the matter may be adjourned, resolved or scheduled for a later hearing.

Obtaining legal advice beforehand will help you understand what to expect and how best to prepare.

In some cases, charges may be withdrawn if there are legal or evidentiary issues. Every matter is different, and the likelihood of charges being withdrawn depends on the facts, available evidence and decisions made by the prosecution.

A guilty plea is an admission of the offence and generally moves the matter to sentencing. A not guilty plea means the allegation is disputed and the matter will proceed through the court process.

Before entering any plea, it is important to obtain legal advice regarding your options and the potential consequences.

Whether a conviction is recorded depends on a range of factors, including the nature of the offence, your personal circumstances and the court’s discretion.

A lawyer can advise you about the options available and present submissions on your behalf where appropriate.

It is helpful to bring any documents relating to your matter, including:

• Police documents
• Charge sheets
• Bail papers
• Court notices
• Correspondence from authorities
• Any other relevant information

The more information available, the more specific advice can be provided.

Bail may be available depending on the offence and your individual circumstances. If bail is refused, there may be options to make a further application to the court.

Early legal advice is important in any bail matter.

Breaching bail conditions can result in serious consequences, including arrest and potential changes to your bail status. If you are concerned about a breach or your conditions, seek legal advice immediately.

Not all traffic offences result in licence disqualification, but many can lead to suspension, disqualification or restrictions.

The outcome will depend on the type of offence, your driving history and the applicable legislation.

While you are not legally required to have a lawyer, obtaining advice can be beneficial in understanding your options, the likely penalties and how your matter should be presented before the court.

Penalties vary significantly depending on the type of offence, quantity involved, prior history and other circumstances. Outcomes can range from fines through to imprisonment for more serious matters.

Yes. Regulatory investigations and disciplinary proceedings can have significant professional consequences, including conditions on registration, suspension or other sanctions.

Obtaining advice early is often critical to protecting your professional standing.

Costs vary depending on the nature and complexity of the matter. Dadds Jandy Lawyers offers fixed-fee arrangements for many criminal and traffic matters, providing clients with greater certainty from the outset.

Most criminal and traffic matters begin in the Magistrates Court of South Australia.

More serious indictable offences may proceed to the District Court of South Australia or, in the most serious cases, the Supreme Court of South Australia.

The court that hears your matter will depend on the type and seriousness of the charge.

Your first court appearance is usually a directions hearing or mention hearing.

The court will typically determine:

• Whether you have legal representation
• Whether you intend to plead guilty or not guilty
• Whether further information is required
• The next steps in the proceedings

Many matters are adjourned to allow time for legal advice and preparation.

Not necessarily.

Before entering any plea, you should understand the evidence against you, the potential penalties and any legal issues that may arise in your case.

Obtaining legal advice before entering a plea can help you make an informed decision.

In some circumstances, charges may be withdrawn by police prosecutors or the Director of Public Prosecutions.

Whether this occurs depends on factors such as:

• The available evidence
• Witness issues
• Legal deficiencies in the prosecution case
• Public interest considerations

Every case is different and requires individual assessment.

Bail is a legal arrangement that allows a person charged with an offence to remain in the community while their matter proceeds through the court system.

Bail may include conditions such as:

• Reporting to police
• Living at a particular address
• Not contacting certain people
• Surrendering a passport

If bail is refused, there may be options to apply for bail before the court.

Breaching bail conditions can result in arrest and further criminal charges.

If you believe you have breached, or may breach, your bail conditions, it is important to obtain legal advice immediately.

In some circumstances, South Australian courts may exercise discretion regarding whether a conviction is recorded.

This depends on factors including:

• The nature of the offence
• Your personal circumstances
• Your criminal history
• The circumstances surrounding the offending

Legal representation can assist in presenting relevant information to the court.

A criminal record may result from a finding of guilt, depending on the offence and the orders made by the court.

The impact of a criminal record can vary and may affect employment, travel opportunities and certain professional registrations.

Penalties in South Australia may include:

• Fines
• Good behaviour bonds
• Community service
• Home detention
• Licence disqualification
• Imprisonment

The penalty imposed will depend on the nature of the offence and your individual circumstances.

Many traffic offences carry automatic periods of licence disqualification or suspension under South Australian law.

This may apply to offences such as:

• Drink driving
• Drug driving
• Refusing a breath or drug test
• Dangerous driving
• Excessive speeding

The consequences will depend on the specific offence and your driving history.

While legal representation is not compulsory, obtaining advice can help you understand:

• The penalties you may face
• Whether a licence disqualification applies
• The likely court process
• The best way to present your matter before the court

If police ask to interview you, you should obtain legal advice as soon as possible.

The decisions made during a police interview can significantly affect the outcome of a case. Understanding your rights before participating in an interview is important.

Summary offences are generally less serious matters dealt with in the Magistrates Court.

Indictable offences are more serious criminal offences and may proceed to the District Court or Supreme Court.

Examples of indictable offences include serious assault, commercial drug offences and major fraud matters.

Yes.

Professionals who are subject to investigations by regulatory bodies or boards may face consequences including:

• Conditions on registration
• Suspension
• Cancellation of registration
• Fines or reprimands

Obtaining advice early can be critical to protecting your professional reputation and career.

The duration of criminal proceedings varies depending on:

• The complexity of the matter
• Whether expert evidence is required
• Court availability
• Whether the matter resolves early or proceeds to trial

Some matters may resolve within weeks, while others can take many months.

To help us provide accurate advice, bring any documents you have received, including:

• Charge sheets
• Bail agreements
• Court attendance notices
• Police correspondence
• Witness statements
• Any other relevant information

Costs vary depending on the nature and complexity of the matter.

Dadds Jandy Lawyers offers fixed-fee arrangements for many criminal and traffic matters, allowing clients to understand costs from the outset wherever possible.

As soon as possible.

Early legal advice can assist with police investigations, bail applications, evidence review and court preparation. In many cases, obtaining advice early provides the greatest opportunity to protect your interests and achieve the best possible outcome.