Quick answer
Charged with a criminal offence and need a lawyer urgently? This video explains, in plain English, the four ways to get a criminal lawyer anywhere in Australia - the free duty lawyer at court, a grant of legal aid, community legal centres and Aboriginal legal services, and private lawyers - and what each one actually costs.
What this video covers
- Introduction (0:00)
- You need a lawyer, fast (0:04)
- You are not the only one (0:17)
- The four doors (0:33)
- Door 1 - the duty lawyer (0:45)
- Door 2 - a grant of legal aid (1:07)
- Door 3 - free advice services (1:27)
- Door 4 - private lawyers & what they charge (1:45)
- Your rights on costs (2:05)
- If court is days away (2:20)
- Every state differs (2:39)
- Free help, any hour - 1800 577 015 (2:55)
Transcript
You have been charged or someone you love has been, and the court date is close. You need a lawyer. You need one quickly, and you have no idea what it is going to cost. Here is how it actually works. This is the question we are asked more than almost any other. Of the people who ring us about it, one in four say court is today or tomorrow. One in five are ringing for someone else, a son, a partner, a brother. Nearly all of them cannot wait. The good news. There are four doors to a criminal lawyer in Australia, and one of them is open to you today. Which one depends on two things, your money and your time.
Door one, the duty lawyer. In every state and territory, legal aid puts lawyers at the local and magistrates' courts. If you turn up unrepresented, they can usually advise you on the day, and they are free. They handle bail, adjournments, and straightforward guilty pleas. What they cannot do is run a contested hearing for you. Door two, a grant of legal aid where a lawyer runs your whole case. It is not automatic. There is a means test on your income and assets and a merit test on the matter itself. Many people pay a contribution towards the cost.
Rules differ from state to state, and the duty lawyer can help you apply. Door three, free advice that is not legal aid. Community legal centers give free sessions in most regions. And if you are Aboriginal or Torres Strait Islander, there is a dedicated legal service in every state and territory, with lawyers who do criminal work every single day. Door four, a private criminal lawyer, and this is where cost questions really start. As a guide, junior lawyers tend to charge between two hundred and four hundred dollars an hour, senior lawyers more, and barristers more again.
For a single court appearance or a guilty plea, many will quote a fixed amount upfront. Always ask. And whatever they charge, you have rights. Once real work starts, your lawyer has to set out their costs in writing, give you an estimate, and tell you if that estimate changes. A lawyer who is vague about money before you sign is telling you something. So if court is days away, here is the play. Ring for advice today, not the night before. If money is tight, ask legal aid in your state about the duty lawyer at your court.
And if you want your own lawyer, our hotline is free to call any hour, and we can book a consultation with one quickly. One last thing. The fine print differs in every state and territory. Who the duty lawyer can help, the legal aid rules, the phone numbers. So we have made a version of this video for your state with the local details. It is linked below.
Important
This video provides general legal information for Australia. It is not legal advice and does not take account of your circumstances. Laws and court processes change. For advice about your situation, speak with a qualified lawyer.