The Complete Guide to Criminal Defence: Costs, Legal Rights & Hiring the Right Criminal Defence Lawyer

Whether you’ve just been contacted by police, received a court attendance notice, or you’re researching for a family member, understanding Australia’s criminal justice process—and your options—can make a huge difference to the outcome. This guide breaks down your core legal rights, the typical stages of a criminal case, how fees work (and how to keep them under control), and a practical, step-by-step method for choosing the right criminal defence lawyer.

What “criminal defence” really means

Criminal defence is the practice of protecting people who are suspected of, charged with, or appealing criminal offences. Defence work spans from the very first police contact (before any charge is laid) through to bail applications, case strategy, negotiations with prosecutors, hearings, jury trials, sentencing, and appeals.

In Australia, solicitors generally prepare the case and handle most court appearances, while barristers are specialist advocates typically briefed for complex hearings, jury trials, or appeals. Many matters resolve in the lower courts without needing a barrister, but your solicitor may recommend one for strategic reasons on serious or technical disputes.

Your core legal rights (from the first police contact)

Knowing your rights early can prevent common mistakes that harm a case later.

Right to silence (with limited exceptions).
In most situations you don’t have to answer police questions, participate in a recorded interview, or provide a statement. You generally must confirm your name, address and date of birth if lawfully required. Police should caution you about your right to remain silent. If arrested, a custody manager must provide a caution and explain your rights.

Time limits on police detention after arrest.
If you’re arrested, police can detain you for a reasonable time to investigate—commonly up to six hours (extensions require a detention warrant). At the end of this period, police must either charge or release you.

Right to legal advice and to contact someone.
You can ask to speak to a lawyer. If you cannot afford one, Legal Aid may assist depending on a means and merits test (criteria vary by state). Preliminary duty lawyer assistance may be available at court even if you don’t qualify for ongoing representation.

Bail.
If charged, you may be released on police bail to attend court or held for a bail hearing. Whether to answer police questions can impact strategy, but refusing an interview is not a lawful reason to refuse bail.

Practical tip: If contacted by police, politely provide your basic details, ask for the allegations in general terms, decline any interview until you have obtained legal advice, and request to call a lawyer.

The criminal court hierarchy and what to expect

Although each state and territory has its own legislation and practice, the broad structure is similar nationwide:

• Magistrates/Local Court (summary jurisdiction).
  Most cases begin and often finish here. This court handles the first appearance (“mention”), bail, guilty pleas, and summary hearings.
• Intermediate courts (County/ District Court).
  More serious “indictable” matters proceed here for trials or sentences after committal or election.
• Supreme Court & Courts of Appeal.
  The most serious trials (e.g., murder) and appeals on conviction or sentence.

Common stages of a case

1) First mention (Magistrates/Local Court).
You (or your lawyer) confirm identity, address bail, and request the brief of evidence. Straightforward guilty pleas can sometimes be finalised here; otherwise the matter is adjourned.

2) Case management & negotiations.
Your lawyer analyses the evidence, identifies legal issues (admissibility, identification, mental elements), seeks disclosure, and negotiates with the prosecution on withdrawals, charge reductions, or agreed facts.

3) Hearing or trial.

• Summary hearingin the Magistrates/Local Court (no jury).
• Jury trialin District/County or Supreme Court for serious indictable offences.

4) Sentencing.
If found guilty or you plead guilty, the court considers objective seriousness, your subjective circumstances, prior record, and mitigating factors (e.g., early plea, rehabilitation). Sentences range from dismissals, fines and community-based orders through to intensive correction orders or full-time imprisonment.

5) Appeals.
You can generally appeal conviction and/or sentence within strict time limits. Grounds might include legal error, miscarriage of justice, or that the sentence was manifestly excessive.

Different jurisdictions label steps slightly differently (e.g., committal procedures, contest mention, case conference), but the overall flow is consistent: start in the lower court, test the evidence, resolve or proceed up for trial depending on seriousness.

How long does a criminal case take?

Timelines vary dramatically based on charge type, whether you plead early, court backlogs, disclosure issues, and whether experts or forensic tests are involved.

• Simple summary matters(e.g., low-range drink driving with an early guilty plea) can often be finalised within weeks to a few months.
• Contested hearingsin the Magistrates/Local Court may take several months due to listing delays.
• Indictable mattersproceeding to trial can take many months to 1–2+ years depending on complexity, availability of counsel and juries, and interlocutory issues.

Flexible Fee Structures to Suit Your Needs

Many criminal defence lawyers in Australia offer transparent and competitive pricing, with hourly rates and fixed-fee arrangements depending on the case.

Typical legal fee scale may include:

• Hourly Rate:From AUD 220 to AUD 880 per hour, based on the complexity and urgency of the matter.
• Fixed Daily Rate:Ranging from AUD 2,200 to AUD 6,600 per day in court.
• Preparation & Sentencing Hearings:Fees may range from AUD 2,200 to AUD 3,300, depending on the case.
• District or Higher Court Proceedings:Legal representation may range from AUD 3,300 to AUD 6,600.
• Minor Offences (Theft, Assault, Disorderly Conduct):Fees typically range from AUD 2,000 to AUD 5,000.
• Serious Felonies (Homicide, Drug Trafficking):Costs may range from AUD 10,000 to AUD 100,000, depending on trial duration and complexity.
• Traffic Offences (DUI, Reckless Driving):Representation may range from AUD 1,000 to AUD 3,000.

Important: These are indicative only. Always request a written costs agreement and scope that matches your charge(s) and strategy.

What drives the price up or down?

• Complexity & seriousness
• Volume of material
• Number of court dates
• Whether a barrister is briefed
• Negotiation outcomes
• Geography & urgency

How to reduce or manage costs (without risking your case)

• Seek fixed-fee stages
• Agree a communications plan
• Organise your material
• Ask for a litigation budget
• Clarify disbursements
• Discuss alternative resolutions early

Can I get a free lawyer? Legal Aid, duty lawyers and eligibility

Each state and territory runs Legal Aid with means and merits tests. If you’re under the thresholds and your matter meets guidelines, you may receive a grant of aid for ongoing representation. Even if you don’t qualify for a grant, duty lawyers may be available for on-the-day advice and basic appearances in the lower courts.

When to hire a criminal defence lawyer

• Before any police interview.Early advice often shapes the entire case.
• Immediately after being charged.Bail, conditions, and first-mention strategy matter.
• If you receive a court attendance notice or brief of evidence.
• When negotiations might resolve the matter.
• If the case is heading to trial or involves technical evidence.

How to choose the right criminal defence lawyer

Use this practical framework to compare options and decide quickly but wisely.

1) Match the lawyer to your matter type and court

2) Ask about strategy in the first meeting

3) Demand clarity on fees and scope

4) Check communication and resourcing

5) Evaluate settlement instincts, not just courtroom bravado

6) Look for demonstrated ethics and professionalism

Taking the right criminal defence lawyer’s advice early in the process can make all the difference, ensuring you understand both your risks and opportunities from the very start.

Common defences and issues (high-level overview)

Your available defence depends on the elements of the offence and the evidence. Typical themes include:

• Identity & reliability
• Mental elements
• Unlawful searches or interviews
• Substantive defences(self-defence, duress, necessity, mistake, consent)
• Public-interest & discretion

What to bring to your first consultation

• All paperwork
• Timeline of events
• Potential witnesses
• Digital evidence
• Background material

If you plan to plead guilty: how to put your best case forward

• Early plea benefits
• Character material
• Treatment & programs
• Restitution & reparation
• Apology letters

Frequently asked questions

Do I have to go to the police station if they “just want to talk”?
No. You’re not obliged to participate in a voluntary interview.

Will staying silent make me look guilty?
Exercising your right to silence is lawful.

Is a barrister always necessary?
Not always; many summary cases resolve with a solicitor only.

How long will my case take?
It depends—simple guilty pleas may take weeks, trials months or longer.

What if I can’t afford a lawyer?
Check Legal Aid eligibility and ask about duty lawyers or fixed fees.

A quick, 7-step action plan

1. Provide only your basic details to police.
2. Record key details of the interaction.
3. Preserve evidence.
4. Book an urgent consultation.
5. Decide interview strategy with your lawyer.
6. Plan the first mention.
7. Map your budget.

Final word

Criminal allegations are stressful, but early, level-headed steps make a real difference: protect your rights, get targeted advice before any interview, and work with a lawyer who’s transparent on strategy, timelines, and costs. With a clear plan—and the right team—you can make informed decisions at each stage and maximise your chances of a fair, efficient outcome.