Facing criminal charges in Adelaide can be incredibly stressful. The legal process can feel confusing and overwhelming, especially if you have never been involved with the criminal justice system before.
At Deegan Law, our criminal lawyers regularly appear in South Australian courts and guide clients through this process every day. Having a criminal lawyer who is non-judgmental, clearly explains the criminal charges and process, and provides practical legal advice can help ease your nerves while ensuring your case is properly prepared. Our experience can also help maximise your chances of achieving a positive outcome.
For these reasons, courts strongly recommend that you obtain legal advice as soon as possible. Early advice gives your criminal lawyer the maximum amount of time to understand the facts and prepare a strategy for your case.
What Criminal Charges Can I Face in Adelaide?
Criminal charges typically arise from a police charge, a summons or an arrest.
Your criminal lawyer will help you to understand the difference between minor and serious offences, and where your charges sit within the range of seriousness.
Most criminal matters begin in the Magistrates Court but more serious indictable offences may later be committed to higher courts.
Do I need a Criminal Lawyer?
Can I represent myself in court?
While it is possible to represent yourself in a criminal matter, the process can be complex, and the stakes are often high. Having an experienced criminal defence lawyer ensures your rights are protected and that your case is properly presented before the court.
Court representation involves a qualified criminal lawyer preparing your case, advising on strategy, speaking on your behalf in court and protecting your legal rights. At Deegan Law, our criminal lawyers represent clients across Adelaide and regional South Australia, appearing regularly in the Magistrates, District and Supreme Courts.
Think of a criminal defence lawyer as a specialist in criminal cases. He or she appears in court for you, presents legal arguments, cross-examines witnesses, negotiates with prosecutors and advocates for the best possible outcome.
Bail Applications in Adelaide
Bail is permission from the court to remain in the community while your criminal case is ongoing, subject to conditions.
In South Australia, bail applications are commonly heard in the Magistrates Court shortly after a person has been charged or arrested. The court will consider a range of factors when deciding whether bail should be granted, including the seriousness of the alleged offence, any prior history and whether appropriate bail conditions can address potential risks.
It may apply if police refuse to grant police bail at the station after you have been arrested and charged, or it may arise at your first court appearance. A bail application lawyer prepares and presents arguments to the court addressing risk concerns, proposes suitable bail conditions and champions your release.
Will I get bail?
We can’t promise you that you will get bail but we can promise you that we will put forward the best possible argument to help you keep your freedom.
The court will consider whether the prosecution is against giving you bail, the seriousness of the charge, the likelihood that you will offend again if on bail and your history.
Pleading Not Guilty – What It Means and What Happens Next?
Pleading not guilty means you formally dispute the charge and require the prosecution to prove the allegation beyond reasonable doubt in court.
Entering a not guilty plea in a South Australian criminal matter is a significant legal decision. It can affect timing, costs and strategy. This critical decision should only be made after proper advice.
After a not guilty plea, the matter usually proceeds through what is called “a brief of evidence” and possible pre-trial hearings, before it reaches a “contested hearing” or “trial”.
In South Australia:
- Summary (less serious) offences are usually finalised in the Magistrates Court. These might include low range drink driving or minor assault charges. If you plead not guilty, the matter proceeds to a contested hearing before a magistrate.
- Indictable (more serious) offences may be sent to the District or Supreme Court. Common examples are serious drug trafficking charges and robbery with violence or a weapon. If you plead not guilty, the matter proceeds to a trial, usually before a judge and jury.
Many criminal matters also resolve without either (for example, by a guilty plea or withdrawal of charges).
Preparing for Your First Court Appearance
We understand that this can be nerve-wracking, even terrifying. Rest assured that we are here to help you through it.
Your lawyer will tell you what to bring but is likely to include any relevant documents, identification and paperwork.
We will organise a time to meet you at the courts. It’s best to arrive early and observe courtroom etiquette. By this we mean:
- Dress neatly
- Stand when the magistrate or judge enters or addresses you
- Always speak respectfully
Choosing the Right Criminal Defence Lawyer
Choose a lawyer who regularly appears in South Australian criminal courts. With this experience, they will be able to clearly explain your options, the risks involved and talk you through the likely process.
Don’t be afraid to ask them questions, such as the following:
- What is your recent experience with charges similar to mine?
- What will criminal legal advice cost me?
- How are your fees structured at each stage?
- Who will actually appear in court for me?
Facing criminal charges can feel overwhelming. We understand that – and it’s normal. But we also know that getting good legal guidance as early as possible can make the process far more manageable. At Deegan Law, our criminal lawyers work with clients across Adelaide, Berri and Tanunda, providing clear advice and strong court representation when it matters most.
If you need independent legal advice for a criminal charge, click here.
Disclaimer: This information is general in nature and does not constitute legal advice. You should obtain independent legal advice specific to your circumstances