Key points
- You have the right to remain silent in a police interview, but you must give your name and address when lawfully asked.
- Most criminal cases in Victoria start in the Magistrates’ Court.
- For some first-time or minor offences, the diversion program may allow you to avoid a criminal record.
- Get legal advice before you’re interviewed, if possible, and before your first court date.
Police interviews: know your rights
If police want to interview you about an offence, you have the right to remain silent, and you can say “no comment” to questions. You must give your name and address if police lawfully ask for them. You also have the right to contact a lawyer before the interview. Anything you say can be used as evidence, so it’s best to get advice first.
How you’re charged
Police can charge you and either release you with a summons (a notice to attend court on a set date), release you on bail, or hold you in custody for a bail hearing. If bail is refused or has strict conditions, a lawyer can apply for bail or a variation of conditions.
Your first court date
Most criminal matters start in the Magistrates’ Court of Victoria. The first hearing is usually a “mention”. At this stage you can:
- ask for an adjournment to get advice and receive the police brief;
- plead guilty and be sentenced, often on the same day for minor matters; or
- indicate you’ll plead not guilty, and the matter is set down for later hearings.
Always attend court on the date shown, or arrange for a lawyer to appear for you. Failing to attend can lead to a warrant for your arrest.
Diversion
For some offences, the Magistrates’ Court diversion program allows an eligible person to complete conditions, such as an apology, a donation or a course, instead of going through the usual court process. If you complete diversion, no finding of guilt is recorded. Diversion generally requires the prosecution’s consent and that you acknowledge responsibility for the offence. It’s most often available for people with little or no prior history.
Pleading guilty or not guilty
This is a big decision, and it should be made after reviewing the evidence in the police brief. If you plead guilty, a lawyer can present information about your circumstances to help the magistrate decide on a fair penalty. If you plead not guilty, the matter proceeds towards a contested hearing.
Criminal records and consequences
A finding of guilt can affect employment, travel, licences and visas. In some cases, the court can decide not to record a conviction. Your lawyer can make submissions about this. Some offences, such as many driving offences, also carry licence consequences. See our guide to demerit points and licence suspension.
How we can help
Asher Freeman Lawyers advises and represents people charged with criminal offences across Victoria, including police interview advice, bail applications, diversion, pleas and contested hearings. We’re based in Chadstone and appear at Magistrates’ Courts across Melbourne and regional Victoria.
Frequently asked questions
Do I have to answer police questions?
No. You have the right to remain silent, but you must give your name and address when lawfully asked. Get legal advice before an interview if you can.
What is diversion?
A program in the Magistrates' Court where eligible people complete conditions instead of going through the usual court process. If completed, no finding of guilt is recorded. It generally requires the prosecution's consent.
Will I get a criminal record?
Not necessarily. Diversion avoids a finding of guilt, and in some cases the court can decide not to record a conviction.
What happens if I miss my court date?
The court can issue a warrant for your arrest. If you can't attend, contact a lawyer or the court before the hearing.
This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.
