Charged With Fraud in Victoria - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Fraud charges in Victoria carry maximum penalties of 10 years imprisonment and can destroy your career, finances, and reputation permanently. Under the Crimes Act 1958 (Vic), fraud includes obtaining property, financial advantage, or services through deception. If police want to interview you about fraud allegations, do not speak to them without a lawyer present - anything you say can be used against you in court and early legal intervention can mean the difference between charges being laid or dropped.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer if you're facing fraud charges in Victoria. Fraud is a serious criminal offence that can result in up to 10 years imprisonment, substantial fines, and a permanent criminal record that will affect your employment prospects for life. Without proper legal representation, you risk saying something during police interviews that strengthens the prosecution's case against you, even if you believe you're being helpful or truthful.

A lawyer can examine the evidence against you, identify weaknesses in the prosecution's case, negotiate with police and prosecutors to potentially avoid charges being laid, or secure a more favourable outcome. They can also advise you on your rights during police interviews and ensure proper procedures are followed. The cost of legal representation is minimal compared to the potential consequences of a fraud conviction - which can include losing your professional licence, being unable to work in finance or positions of trust, and facing civil action from alleged victims.

If police have contacted you for an interview about fraud allegations, contact a lawyer immediately. The earlier we intervene, the more options we have to protect your interests and potentially prevent charges from being laid.

What Happens Next - The Process

The fraud charge process in Victoria follows these specific steps:

1. Police Investigation (weeks to months): Police gather evidence including financial records, witness statements, digital evidence, and CCTV footage. They may request voluntary interviews or execute search warrants.
2. Police Interview: You'll be asked to attend a police station for a formal record of interview. This is critical - you have the right to have a lawyer present and should exercise this right.
3. Charging Decision: Police decide whether to charge you based on available evidence. Complex fraud cases may be referred to the Director of Public Prosecutions for advice.
4. First Court Appearance: If charged, you'll appear at the Melbourne Magistrates' Court or your local Magistrates' Court within days or weeks. The charge will be read and you'll enter a plea.
5. Case Management: For indictable fraud offences (most serious cases), the matter will be transferred to the County Court of Victoria for trial. Summary offences remain in the Magistrates' Court.
6. Committal Hearing (if applicable): For indictable offences, a committal hearing in the Magistrates' Court determines if there's sufficient evidence to proceed to trial.
7. Trial or Plea Hearing: The final hearing where evidence is presented, witnesses testify, and a verdict is reached or sentence imposed if you plead guilty.

This entire process can take 6-18 months depending on the complexity of your case. Early legal advice can significantly impact each stage and potentially resolve matters before they reach court.

The Law in Victoria

Fraud offences in Victoria are primarily governed by the Crimes Act 1958 (Vic) and include several specific types:

Obtaining Property by Deception (Section 81): Maximum penalty of 10 years imprisonment. This covers situations where you dishonestly obtain someone else's property through false representations or conduct.

Obtaining Financial Advantage by Deception (Section 82): Maximum penalty of 10 years imprisonment. This includes dishonestly obtaining loans, credits, or other financial benefits through deception.

Obtaining Services by Deception (Section 82A): Maximum penalty of 5 years imprisonment. This covers dishonestly obtaining services without paying or intending to pay.

False Accounting (Section 83A): Maximum penalty of 10 years imprisonment. This involves destroying, defacing, concealing, or falsifying accounting records with intent to gain advantage or cause disadvantage.

Identity Theft and Related Offences: Various penalties up to 5 years imprisonment for using another person's identifying information to obtain financial advantage.

The prosecution must prove beyond reasonable doubt that you:

• Made a false representation or engaged in deceptive conduct
• Knew the representation was false or misleading
• Intended to obtain property, financial advantage, or services
• Actually obtained the benefit or attempted to do so

Victoria also has specific legislation for serious fraud offences exceeding $100,000 under the Major Crime (Investigative Powers) Act 2004 (Vic), which gives police enhanced investigation powers including phone tapping and surveillance.

Mistakes to Avoid

1. Talking to Police Without a Lawyer: We regularly see clients who thought they could "explain everything" to police and instead provided evidence that secured their conviction. Police are trained interrogators - even innocent explanations can be twisted to suggest guilt. Always have legal representation present during any police interview.

2. Destroying or Hiding Evidence: Attempting to delete emails, destroy documents, or hide assets will result in additional charges for attempting to pervert the course of justice. These actions also create consciousness of guilt evidence that prosecutors use to strengthen their case. Preserve all documents and digital evidence.

3. Discussing the Case on Social Media or with Others: Anything you post online or tell friends and family can be subpoenaed as evidence. We've seen cases where Facebook posts or text messages contradicted the defendant's version of events. Keep details of your case strictly confidential and only discuss with your lawyer.

4. Ignoring Court Dates or Police Requests: Failing to appear in court results in a warrant for your arrest and additional charges. Ignoring police requests creates the impression you have something to hide. Always respond promptly through your lawyer to maintain credibility and show cooperation.

5. Assuming the Case Will "Go Away": Fraud investigations can take months or years to complete, but they rarely disappear without proper legal intervention. Prosecutors have significant resources and will pursue viable cases. Early legal action is essential to identify weaknesses in the prosecution case and negotiate favourable outcomes.

Each of these mistakes can transform a potentially defensible case into a certain conviction. Contact a lawyer immediately to avoid these critical errors.

Likely Outcomes and Costs

With proper legal representation, we regularly achieve outcomes including charges being dropped, diversion programs, community correction orders instead of imprisonment, and significant sentence reductions. For first-time offenders or cases involving smaller amounts, we often negotiate guilty pleas to less serious charges or secure non-conviction sentences that protect your criminal record.

Without a lawyer, you're likely facing the maximum penalties, a permanent criminal record, and potential imprisonment even for relatively minor offences. Self-represented defendants typically receive harsher sentences because they don't understand sentencing principles or how to present mitigating factors effectively.

Legal costs typically range from $5,000-$15,000 for straightforward fraud cases in the Magistrates' Court, and $15,000-$50,000+ for complex matters proceeding to trial in the County Court. This investment is minimal compared to the cost of conviction - which can include imprisonment, fines up to $180,000, loss of employment, and permanent damage to your reputation.

Timeframes vary significantly: summary matters in the Magistrates' Court typically resolve within 3-6 months, while indictable offences can take 12-18 months to reach trial. However, early legal intervention can often resolve matters more quickly through negotiations with police or prosecutors.

The earlier we're involved, the more cost-effective the process becomes. Preventing charges from being laid is always cheaper than defending them in court. Contact us immediately if police want to interview you about fraud allegations.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of fraud cases across Victoria with our team of experienced criminal lawyers who understand exactly how fraud prosecutions work. With over 800 lawyers nationally and offices throughout Australia, we're Australia's largest legal service with a proven track record - rated 4.5 stars from 780+ client reviews since 2010.

Our fraud defence services include:

• 24/7 emergency legal advice when police first contact you
• Representation during police interviews and investigations
• Detailed analysis of prosecution evidence and identification of defences
• Negotiation with police and prosecutors to avoid or reduce charges
• Expert representation in all Victorian courts from Magistrates' to County Court
• Coordination with forensic accountants and expert witnesses when needed
• Guidance through the entire process from investigation to final resolution

We offer fixed-price consultations for $295 where we'll review your situation, explain your options, and provide clear advice on the best way forward. Our lawyers appear in Victorian courts daily and have established relationships with police and prosecutors that can benefit your case.

Don't face fraud charges alone. The consequences are too serious and the legal system too complex to navigate without expert help. Whether police want to interview you, you've been charged, or you're concerned about a fraud investigation, contact us immediately.

Call 1300 636 846 now for urgent 24/7 legal advice, book online at gotocourt.com.au/book, or request immediate assistance. Every hour matters in fraud cases - the earlier we're involved, the better outcome we can achieve for you.