Lauren Tye Legal · Resources

Criminal Law Insights

Clear, practical articles on Victorian criminal law, court process, intervention orders, bail, traffic offences, sentencing, and preparing for court.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

By Lauren Tye
6 min read
Updated April 18, 2026

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Bail Reporting Conditions Explained

A bail reporting condition requires you to attend and sign in at a nominated police station on set days and times while your case is ongoing. It is a conduct condition under the Bail Act 1977 (Vic), imposed to reduce risk, and breaching it without a reasonable excuse is a separate criminal offence that can also see your bail revoked.

By Lauren Tye
8 min read
Updated July 22, 2026

How Does a Criminal Record Affect a Working With Children Check?

Not always, and it depends heavily on the offence. A criminal record does not automatically stop you getting a Working with Children Check in Victoria, because under the Worker Screening Act 2020 (Vic) only certain offences are relevant, broadly serious sexual, violent, or drug offences. The most serious offences against children (Category A) lead to a mandatory exclusion, Category B offences carry a presumption against a clearance, and other relevant offences are individually assessed for whether you pose an unjustifiable risk to children. The check also considers charges, not just convictions, and is monitored continuously.

By Lauren Tye
9 min read
Updated July 21, 2026

Can Charges Be Dropped Before Court?

es. Criminal charges can be dropped before court in Victoria, but only the prosecution can withdraw them, not you and not the alleged victim. Charges are most often dropped where the evidence is weak, the case is not in the public interest, or a defence lawyer persuades the prosecution to withdraw through written representations.

By Lauren Tye
9 min read
Updated July 21, 2026

How Many Times Do Cases Get Adjourned in Victoria?

There is no fixed legal limit. A criminal case in Victoria can be adjourned as many times as the court considers appropriate, because under section 331 of the Criminal Procedure Act 2009 (Vic) a court may adjourn a proceeding for any purpose, on any terms. In practice, most matters are adjourned several times as they move through mentions, disclosure, negotiations, and toward a hearing, and that is normal rather than a sign that something has gone wrong. The court decides each request on its merits, weighing the interests of justice and any prejudice to either side.

By Lauren Tye
8 min read
Updated July 20, 2026

Can Text Messages Be Used as Evidence in an FVIO Case?

Yes. Text messages can be used as evidence in a Victorian family violence intervention order (FVIO) case, and they often are. These proceedings are civil, decided on the balance of probabilities, and the court is not bound by the strict rules of evidence, which makes messages, screenshots, and social media easier to put before a magistrate than in a criminal trial.

By Lauren Tye
9 min read
Updated July 20, 2026

How Much Does a Criminal Lawyer Cost in Melbourne?

There is no single price. A criminal lawyer in Melbourne can cost anywhere from around $1,500 for a simple guilty plea in the Magistrates’ Court to tens of thousands of dollars, or more, for a contested hearing or a higher court trial. The cost depends on the charge, the court, whether you plead or contest, and the lawyer’s experience.

By Lauren Tye
9 min read
Updated July 19, 2026

Can You Negotiate Legal Fees With a Criminal Lawyer?

Yes. You can negotiate legal fees with a criminal lawyer in Victoria. You have the right to request and negotiate both the amount and the billing method, and the law requires legal costs to be fair and reasonable. What is negotiable includes the fee structure, payment arrangements, and what the fee actually covers.

By Lauren Tye
9 min read
Updated July 18, 2026

How Long Does a Criminal Case Take in Victoria?

It depends heavily on the court and your plea. A simple guilty plea in the Magistrates’ Court can be over in a matter of weeks, while a contested summary hearing usually takes several months. A serious indictable matter that goes through committal and on to a trial in the County Court can take a year or more from charge to finish. The biggest factors are whether you plead guilty or not guilty, how complex the case is, and how busy the courts are.

By Lauren Tye
8 min read
Updated July 17, 2026

Appeal Against Conviction vs Appeal Against Sentence

An appeal against conviction challenges the finding that you are guilty. An appeal against sentence accepts the guilty finding but argues the penalty is wrong. They are different applications, with different arguments and different risks, and choosing the right one is the first real decision in any appeal.

By Lauren Tye
9 min read
Updated July 17, 2026

Start Here

Three foundational guides for understanding common stages and outcomes in Victorian criminal matters.

Guide 01

Bail Refused in Victoria: When Can You Make Another Bail Application?

After bail is refused in Victoria, you can generally only make another application if there are new facts or circumstances that were not before the court, or you were not legally represented last time. You can also apply to the Supreme Court, which can hear a fresh bail application.

Guide 01

Someone Has Been Remanded: What Should Their Family Prepare for a Bail Application?

When someone is remanded in Victoria, their family can make a real difference by preparing a bail application. The most useful things to gather are a genuine surety, a stable address, proof of work, and character references, all aimed at reducing the risk the court is concerned about.

Guide 01

Urgent Bail Applications in Victoria: What Needs to Be Prepared Before Court?

An urgent bail application in Victoria is won on preparation. Before court you need a genuine surety, proof of accommodation and work, character references, and a realistic set of conditions, all ready to present so the first application is your strongest.

More from the insights library

Foundational explainers and recently updated guides.

These resources are general information only and are not legal advice.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

Charges We Defend
. 6 min read

Common Assault vs Aggravated Assault: What’s the Difference?

Common assault and aggravated assault are both charged under the Summary Offences Act 1966 (Vic), but aggravated assault involves specific circumstances of aggravation, such as acting in company with another person or using a weapon, which carry higher maximum penalties than common assault alone.

Charges We Defend
. 5 min read

Hoon Driving Laws in Victoria: Impounding and Charges Explained

Victoria’s anti-hoon laws let police impound or immobilise a vehicle on the spot for up to 30 days for a first hoon offence. A magistrate can order impoundment or immobilisation for up to 3 months for a second offence within six years, and a third offence within that period opens the door to permanent forfeiture.

Charges We Defend
. 6 min read

Driving While Suspended in Victoria: Penalties and What Happens in Court

Driving while suspended in Victoria is a criminal offence under section 30 of the Road Safety Act 1986, carrying up to 240 penalty units or 2 years imprisonment. It is heard in the Magistrates’ Court, though a suspension for unpaid Fines Victoria fines is treated less seriously.

Charges We Defend
. 4 min read

How Can You Defend a Driving While Disqualified Charge in Victoria?

A driving while disqualified charge in Victoria can be defended. Real defences include an honest and reasonable mistake that you were entitled to drive, that you were not the driver, or that you were not actually disqualified. Each turns on the facts and the evidence.

Charges We Defend
. 4 min read

Repeat Driving While Disqualified in Victoria: Can You Go to Prison?

Yes, you can go to prison for repeat driving while disqualified in Victoria. The offence carries up to 2 years imprisonment under section 30 of the Road Safety Act 1986, and repeat offending moves imprisonment from unlikely to a real prospect, though it is not automatic.

Charges We Defend
. 4 min read

Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about court, police, or prosecution.