Facing Fraud Charges in Western Australia - What Happens Now?

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

Fraud charges in Western Australia are serious criminal offences that can result in imprisonment for up to 14 years under the Criminal Code Act 1913 (WA). If police want to interview you or you've been charged, you need immediate legal advice before saying anything. The investigation process moves quickly, and what you say in the first police interview often determines whether you face charges and how severe they become.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer if you're under investigation for fraud or have been charged. Fraud cases involve complex financial evidence, banking records, and digital transactions that require specialist knowledge to defend properly. Without legal representation, you risk making admissions that prosecutors will use against you for years to come.

A fraud lawyer can challenge the evidence gathering process, negotiate with prosecutors before charges are laid, and identify technical defences that untrained eyes miss. In many fraud cases we handle, early legal intervention prevents charges being laid at all, or reduces serious fraud charges to lesser offences with community-based penalties instead of prison.

The stakes are enormous - fraud convictions destroy careers, professional licences, and family finances. Police and prosecutors build their strongest cases against unrepresented defendants who don't understand their rights. Call 1300 636 846 immediately if police want to speak with you about any financial matter.

What Happens Next - The Process

The fraud investigation and charge process in Western Australia follows these specific steps:

1. Initial Investigation (2-12 months): Police Financial Crime Squad or Commercial Crime Division gather banking records, interview complainants, and build their brief. You may not know you're being investigated until police contact you.
2. Police Interview Request: Police will ask you to attend a "voluntary" interview at a police station. This is not voluntary - they already suspect you. You have the right to legal advice before and during this interview.
3. Charging Decision (1-6 weeks after interview): Police submit their brief to the Director of Public Prosecutions (DPP) who decides whether to lay charges and how serious those charges will be.
4. First Court Appearance - Perth Magistrates Court: You'll receive a court summons requiring you to appear within 21-42 days. Even serious fraud charges start in the Magistrates Court before being transferred to higher courts.
5. Bail Application (if arrested): Fraud charges sometimes involve arrest and bail applications in the Perth Watch House or Magistrates Court, especially if police allege significant amounts or flight risk.
6. Brief of Evidence (6-16 weeks): Prosecution must provide all evidence they intend to use, including banking records, witness statements, and expert reports. This determines your defence strategy.
7. Committal or Trial Preparation: Serious fraud charges move from Magistrates Court to District Court of WA or Supreme Court of WA depending on the alleged amount and complexity.

Each step creates opportunities for an experienced lawyer to influence the outcome, but only if they're involved early. Don't wait until you're charged - the investigation phase is when lawyers achieve the best results.

The Law in Western Australia

Fraud offences in Western Australia are prosecuted under the Criminal Code Act 1913 (WA), with different charges carrying different maximum penalties:

Fraud (Section 409): The general fraud offence carries a maximum penalty of 7 years imprisonment. This covers dishonestly obtaining property, services, or financial advantage by deception.

Stealing (Section 378): Taking someone else's property with intent to permanently deprive them, maximum 7 years imprisonment. Often charged alongside fraud where money is taken without permission.

Criminal Breach of Trust (Section 389): Where someone in a position of trust misappropriates property, maximum 10 years imprisonment. Common in employee theft and corporate fraud cases.

Forgery and Uttering (Sections 396-399): Creating or using false documents to obtain benefits, maximum 7 years imprisonment. Includes fake invoices, altered cheques, and falsified contracts.

Computer Offences (Section 440A): Unauthorised access to computer systems to commit fraud, maximum 5 years imprisonment. Increasingly common in online fraud prosecutions.

Money Laundering (Section 563A-563C): Dealing with proceeds of crime, maximum 20 years imprisonment for commercial quantities over $1 million, 14 years for smaller amounts.

The prosecution must prove dishonest intent and that you knew the conduct was fraudulent. The amount allegedly stolen influences both the court level and sentencing severity, with amounts over $30,000 typically resulting in District Court prosecution and immediate imprisonment if convicted.

These penalties are maximums - early legal intervention often achieves non-custodial sentences even for substantial amounts.

Mistakes to Avoid

1. Speaking to Police Without a Lawyer Present: We see this mistake destroy winnable cases every week. Police record everything you say and use it against you later, even innocent explanations. They're trained to extract admissions from stressed, confused suspects. Once you've made admissions in a recorded interview, those words follow you through every court appearance. Always say "I want to speak to my lawyer before answering any questions."

2. Trying to Explain Your Way Out: Good people facing fraud allegations often believe they can clear everything up by explaining their innocent intentions. This never works. Fraud cases are built on documentary evidence - banking records, contracts, emails. Your explanations without legal strategy often confirm the prosecution timeline while failing to address the legal elements they must prove.

3. Ignoring Early Warning Signs: Many fraud investigations begin with "routine inquiries" from police, accountancy investigations, or workplace allegations. People assume these will blow over if ignored. By the time formal charges are laid, the evidence gathering is complete and your options are limited. Early legal intervention during investigations prevents charges in many cases.

4. Assuming Small Amounts Mean Small Consequences: Even fraud involving hundreds of dollars can result in criminal convictions that destroy professional careers. Teachers, nurses, accountants, and financial advisors lose their registration over minor fraud convictions. The career consequences often exceed the direct penalties.

5. Representing Yourself in Court: Fraud prosecutions involve complex evidence, procedural requirements, and sentencing submissions that require specialist knowledge. Self-represented defendants consistently receive harsher penalties and miss technical defences that could result in acquittals or dismissed charges.

Each of these mistakes is easily avoided with proper legal advice, but impossible to fix once made. Call 1300 636 846 before making any decisions about fraud allegations.

Likely Outcomes and Costs

With experienced legal representation, fraud charges often resolve far better than clients initially fear:

Best Case Outcomes with a Lawyer: Charges dismissed due to insufficient evidence, matters resolved without conviction through diversion programs, or guilty pleas to lesser charges with community-based penalties. We regularly achieve suspended sentences and community service orders for first-time offenders, even involving substantial amounts.

Typical Outcomes Without a Lawyer: Immediate imprisonment for amounts over $10,000, criminal convictions that destroy employment prospects, and full prosecution of the most serious charges available. Self-represented defendants receive sentences 40-60% longer on average.

Legal Costs: Our fixed-price consultation costs $295 and provides immediate clarity about your situation and options. Full representation for straightforward fraud charges typically ranges from $3,500-$8,500 for Magistrates Court matters, with District Court trials starting around $12,000. Complex commercial fraud cases require individual quotes based on the evidence volume and hearing length.

Timeline Expectations: Simple fraud matters resolve within 3-6 months from first court appearance. Complex cases involving multiple defendants or significant amounts may take 12-18 months to reach final resolution. However, bail and employment issues require immediate attention regardless of case complexity.

The cost of proper legal representation is always less than the long-term financial impact of criminal convictions, lost employment, and professional deregistration. Book your consultation online at gotocourt.com.au/book or call 1300 636 846 to understand your specific situation and costs.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended fraud charges across Western Australia since 2010, with over 800 lawyers nationally and specific expertise in Perth, Fremantle, Joondalup, and regional WA courts. Our criminal lawyers appear in fraud matters weekly and understand exactly how WA Police Financial Crime Squad operates and what prosecutors need to prove.

Our fraud defence services include:

• Emergency advice before police interviews - available 24/7 on 1300 636 846
• Representation during police interviews to protect your rights
• Negotiation with prosecutors before charges are laid
• Bail applications and bail compliance advice
• Expert analysis of financial evidence and banking records
• Trial representation in Magistrates, District, and Supreme Courts
• Appeals against conviction or sentence

We've achieved outstanding results rated 4.5 stars from over 780 client reviews because we understand that fraud allegations threaten everything you've worked for. Our lawyers combine aggressive defence tactics with practical advice about protecting your employment, professional registration, and family finances during the case.

Your consultation costs just $295 and includes: Complete case analysis, explanation of all charges and penalties, defence strategy recommendations, and fixed-price quotes for representation. Most clients leave their consultation feeling significantly more confident about their situation.

Don't face fraud charges alone. The investigation and charging process moves quickly, and early legal advice changes everything. Call 1300 636 846 now for immediate help, book online at gotocourt.com.au/book, or request urgent assistance through our 24/7 contact system. Your future depends on the decisions you make today.