Aug 13, 2026
Usually not. If you have a lawyer, your lawyer does the talking for you in a Victorian criminal court, including entering your plea and making submissions. You will normally only say a few words, such as confirming your name, and in some courts personally stating your plea. Importantly, you do not have to give evidence, because under the Evidence Act 2008 (Vic) an accused cannot be forced into the witness box. You keep your right to silence at court, not just at the police station.
Aug 12, 2026
Yes. A family member can act as a surety for bail in Victoria, and a close relationship is often seen as a positive, because it can give the surety real influence over the accused. Under the Bail Act 1977 (Vic), a surety must be an individual aged 18 or over, without a legal incapacity, and with enough money or assets to cover the bail amount. The court also considers their character. A surety promises to forfeit a set sum if the accused fails to answer bail, so it is a serious financial commitment, not a formality.
Aug 11, 2026
Yes. Being interviewed by police and then released does not mean the matter is over. In Victoria, police can charge you weeks or months later, and for many offences there is no time limit at all. For a summary offence, a charge generally must be filed within 12 months of the alleged offence under the Criminal Procedure Act 2009 (Vic). For an indictable offence, there is no limitation period, so a charge can come much later.
Aug 10, 2026
Sometimes, yes. A criminal lawyer can often get charges downgraded to a lesser offence or withdrawn altogether through charge negotiation with the prosecution, usually by making written representations that expose weaknesses in the evidence or argue that continuing is not in the public interest. But a lawyer cannot guarantee it. The prosecution decides whether to withdraw or amend a charge, applying a test of whether there is a reasonable prospect of conviction and whether prosecution is in the public interest.
Aug 8, 2026
In most cases a criminal record is not deleted in Victoria. Instead, under the Spent Convictions Act 2021 (Vic), a conviction can become “spent,” which means it is no longer disclosed on most police checks and you generally do not have to reveal it. Many convictions become spent automatically after a conviction-free period of 10 years for adults or 5 years for children, some are spent immediately, and serious convictions need an application to the Magistrates’ Court. True removal, or expungement, is only available in narrow cases.
