When you first receive a court attendance notice, it is natural to wonder if your matter will be over after the first court date. Sometimes this can happen, but in other situations, you may end up with another date for the court process to continue.
Generally speaking, we are talking about Local Court matters – those matters that start and finish in the Local Court – as opposed to indictable matters, which will eventually go to the District or Supreme Courts.
So, why is it different from case to case?
What does finalised mean?
A matter is finalised when the court has dealt with it completely. There are several different ways this may occur, including:
- You have been sentenced.
- The charge has been withdrawn.
- The case has been dismissed.
After your matter is finalised, there is no need to come back to court unless you are appealing the decision.
When can a matter be finalised on the first day?
Some cases in the Local Court can be resolved straight away. This happens when:
- You plead guilty, and you (or your lawyer) are ready to present any character references or supporting material to the court
- The charges are withdrawn by the prosecution
In order to have a chance of having your matter wrapped up quickly, preparation is key. If you are pleading guilty, having the right documents and being ready to address the court at the first mention is very important.
Why do some matters take longer to be finalised?
There are many reasons a matter may be adjourned and take more time to be finalised.
For example, you may enter a plea of not guilty, and the prosecution is given time to put together a brief of evidence. Sometimes, you or your lawyer may be in negotiations with the prosecution. These discussions can take time, but they can lead to charges being reduced or even dropped altogether.
What happens if you are not ready for your first court date?
Preparation is extremely important, and the less prepared you are for your first court date, the more likely it is that your case will be adjourned.
It is also not necessarily a bad thing to have your matter adjourned, especially if you are unsure about whether to plead guilty or not. Having more time means you can get appropriate advice and avoid missing opportunities that could make a significant difference to the outcome of your case.
How to have the best chance of your matter being finalised quickly
While it may not always be possible to have your matter finalised on the first date, there are some things you can do to give yourself the best chance of resolving it sooner rather than later.
At Kingston Fox, we suggest seeking legal advice as soon as possible. A lawyer can give insight into the potential outcomes, ways to improve your chances of a more positive result, and what to expect during the matter.
If you choose to engage a lawyer, they can help you prepare for court. This may include gathering evidence, character references, and other supporting documents, as well as guiding you through steps to address any underlying issues that contributed to the offence.
Planning and preparation
Whether your matter is over on day one or takes several months, having a clear plan makes all the difference.
At Kingston Fox, we prepare our clients for every possibility. If your matter can be finalised straight away, we will take steps to make this happen. If your matter needs more time, we will be there with you through every step to secure the best possible outcome.
Want to know more? Contact our team today to discuss your Local Court matter and get the legal guidance you need.
