What to Do If You're Charged With a Criminal Offence in Victoria

Being charged with a criminal offence is one of the most frightening experiences anyone can go through. In the hours after a charge, it's easy to panic — and panic leads to mistakes that can seriously damage your case. This guide walks you through exactly what to do if you or a family member is charged with a criminal offence in Victoria.

Stay calm and say nothing

The single most important thing you can do immediately after being charged is exercise your right to silence. In Victoria, you have the right not to answer police questions beyond providing your name and address. You do not have to explain yourself, tell your side of the story, or agree with anything the police say.

Many people believe that cooperating with police will help their case. In most situations, it won't — and it may hurt it. Police are trained to gather evidence, and anything you say can and will be used against you. The time to tell your story is in a courtroom, with a lawyer by your side.

Contact a criminal lawyer immediately

Before you speak to police, before you sign anything, and before your first court appearance — call a criminal lawyer. Early legal advice is often the most important factor in how a criminal matter ultimately resolves.

A criminal defence lawyer will advise you on whether to answer police questions, attend the police station with you if needed, apply for bail if you've been held in custody, review the charges against you and identify any weaknesses in the prosecution's case, advise on the most appropriate plea, and represent you in court.

The earlier you get legal advice, the more options you have. Don't wait until your first court date.

Understand the process

Victoria's criminal justice system works in stages. You'll first appear at a Mention — a brief hearing where no evidence is heard and directions are given. Depending on the charge, there may be further preliminary hearings before a Hearing or Trial is scheduled, where the evidence is tested. If you're found guilty or plead guilty, a Sentencing hearing determines the penalty. The prosecution must prove its case beyond reasonable doubt — that's a high bar, and a good lawyer knows how to hold them to it.

How a guilty or not guilty plea affects your options

Entering the right plea is one of the most important decisions you'll make. A guilty plea entered early typically results in a sentencing discount and can lead to a significantly lighter penalty. A not guilty plea means the prosecution must prove its case at a hearing or trial. The right choice depends entirely on the strength of the evidence against you — which is why you need a lawyer to review the brief before making any decision.

The bottom line

Being charged with a criminal offence doesn't mean you'll be convicted — but how you respond in the first hours and days matters enormously. Exercise your right to silence, contact a criminal lawyer as soon as possible, and don't make any decisions about your case without proper legal advice.

If you've been charged in Victoria and need help, contact Pasha Legal today. We've been defending clients across Melbourne for more than 25 years — and we're here when you need us.

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When Pasha Legal opened its doors, the goal was never to be the biggest firm in Melbourne.

It was to be the most trusted one in the community it serves.

For more than 25 years, we've grown steadily expanding our practice areas, building a skilled team, and developing

deep expertise across some of the most important areas of law for Australian families and businesses.

We handle everything from complex immigration appeals to first home purchases, and we approach every matter — big or small — with the same level of care and preparation.

Each year, we take on a number of pro bono cases for individuals who have experienced injustice and need a

voice. Because access to justice shouldn't be determined by how much money you have.

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Pasha Legal has been helping everyday Australians with immigration, family law, criminal matters, conveyancing, and more for more than 25 years. Based in Doncaster East — here when you need us most.

Legal problems can feel overwhelming — especially when you don't know where to start. At Pasha Legal, we

make the process straightforward. Our principal, Hina Pasha, has over 25 years of experience handling c

omplex, real-life cases — including landmark matters that changed lives. But what sets us apart isn't ju

st our track record. It's the way we treat you: with respect, clarity, and without judgement.

From there, we take the time to craft something that's truly yours. No shortcuts, no rushing. Just intentional work designed to look beautiful now and grow even better over time.

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Call us, email us, or fill in the form, whichever feels easiest for you.

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Most clients say this first conversation alone brings enormous relief.

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We keep you updated throughout and respond promptly whenever you reach out.

From start to finish, you'll know your matter is in capable hands.

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25 years of real experience

Pasha Legal has been practising for more than 25 years and in that time, we've handled thousands of matters across immigration, family law, criminal defence, conveyancing, and more.

We don't learn on the job with your case.

We bring experience that's been built over more than a quarter century of showing up for clients when it mattered most.

We treat you like a person, not a file number.

Our principal Hina Pasha has handled landmark cases that changed lives including playing a central role in the Farah Jama wrongful conviction matter, which attracted national attention.

She's been featured on ABC's Australian Story, in The Age, and across Melbourne media for her commitment to justice.

When you choose Pasha Legal, you're backed by a lawyer with a proven record at the highest levels.

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We believe everyone deserves access to quality legal help — not just those who can afford premium city rates.

We keep our fees competitive, we're upfront about costs from the start, and we'll always talk through options if cost is a concern.

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We cover everything under one roof.

Immigration, family law, criminal matters, conveyancing, wills, commercial disputes, VCAT, insurance claims, business consulting we handle it all.

That means you don't need a different lawyer every time something new comes up.

Once you're a Pasha Legal client, you have a team you can call for any legal matter, for life.

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Pasha Legal isn't a firm that parachutes in from the city we're based in Doncaster East and we've been here for 25 years.

We know this community, we understand the people in it, and we take our responsibility to them seriously.

Every year, we take on pro bono cases for individuals who need a voice but can't afford one because access to justice has always been more than a slogan to us.

Recognised by the media for a reason

When ABC's Australian Story dedicates an episode to your principal lawyer, it's not by accident.

Hina Pasha has been featured on national radio, in print, and on television because her work has genuinely made a difference not just to individual clients, but to the legal system itself.

That level of recognition reflects the standard we hold ourselves to every single day.

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We handle a wide range of legal matters.

From first-time visa applications to court proceedings, we've seen it all and we're ready to help.

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Divorce, parenting orders, property settlements and DVO applications. We help families navigate difficult times with compassion, care and real legal expertise.

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Charged with an offence or facing a police interview? We stand by your side from the first call through to the final outcome in court.

Property & Conveyancing

Visas, residency, citizenship, partner applications and appeals. We guide you through Australia's complex immigration system with clarity and without jargon.

Wills, Probates & Estates

Divorce, parenting orders, property settlements and DVO applications. We help families navigate difficult times with compassion, care and real legal expertise.

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Charged with an offence or facing a police interview? We stand by your side from the first call through to the final outcome in court.

Insurance Claims

Visas, residency, citizenship, partner applications and appeals. We guide you through Australia's complex immigration system with clarity and without jargon.

Business Consulting

Divorce, parenting orders, property settlements and DVO applications. We help families navigate difficult times with compassion, care and real legal expertise.

VCAT & Building

Charged with an offence or facing a police interview? We stand by your side from the first call through to the final outcome in court.

About Us

Hina founded Pasha Legal in 2010 with a clear purpose: to provide high-quality legal help to people who need it, regardless of their background or means.

She's appeared on ABC's Australian Story, been featured in The Age, and played a central role in the landmark Farah Jama wrongful conviction case.

Every year, the firm takes on pro bono cases, because doing justice isn't just a slogan.

It's what we're built on.

Common Questions

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How much does it cost to speak to a lawyer?

We offer an initial consultation so you can speak with us about your matter without committing to anything. We're upfront about our fees from the start — there are no hidden costs, and we'll always discuss fee arrangements that suit your situation before any work begins.

I'm not sure if I even have a legal problem. Should I still call?

Absolutely. One of the most common things people say to us is "I wasn't sure if this was worth calling about." If something is worrying you, it's worth a conversation. We'll tell you honestly whether you have a legal issue and what your options are — even if the answer is that you don't need us right now.

How quickly can you see me?

We do our best to accommodate urgent matters as quickly as possible. For non-urgent consultations, we typically have availability within a few business days. Contact us and we'll find a time that works for you.

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We understand that legal costs can be a concern, and we're always willing to have an honest conversation about fees and payment arrangements. Depending on the type of matter, we may be able to offer staged billing or payment plans. Ask us — we won't make you feel uncomfortable for raising it.

Can I bring someone with me to my consultation?

Of course. Many of our clients find it helpful to have a support person with them — especially for family law or criminal matters. Just let us know in advance so we can accommodate everyone comfortably.

Do you speak languages other than English?

Yes. Our team works with clients from a wide range of cultural and linguistic backgrounds. Please contact us to discuss language needs and we'll do our best to accommodate.

I've been charged with something. What should I do first?

Contact us immediately — before speaking to police if possible. You have the right to silence in Victoria, and exercising it until you've spoken to a lawyer is almost always the right decision. The earlier we can speak to you, the more we can do.

My visa has been cancelled. Can you help?

Yes. A visa cancellation is serious, but it's not always the end of the road. Depending on the circumstances, you may have grounds to appeal the decision or to apply for a different visa. Contact us urgently — visa cancellation matters are usually time-sensitive.

How long does conveyancing take?

In Victoria, a standard residential settlement typically takes between 30 and 90 days from exchange of contracts, depending on what's been agreed between the parties. We'll give you a clear timeline once we know the details of your transaction.

Do I really need a will?

Yes — everyone over 18 who has any assets, relationships, or responsibilities should have a valid, up-to-date will. Without one, the law decides what happens to your estate, who cares for your children, and who administers your affairs — and the result may be nothing like what you would have wanted.