A first court date brings plenty of questions. Will you have to speak? Will the matter finish that day? What happens if you disagree with what the police say?

You may also wonder how much difference a solicitor can make. Legal representation is not about knowing someone at court or finding a way around the rules. It is about understanding the case, getting sound advice and having your position properly presented.

Knowing what to expect, and what your solicitor can do, can make the process less overwhelming.

Your first appearance may not resolve the case

The first appearance in a criminal matter is often a mention, rather than a hearing where witnesses give evidence. Depending on the circumstances, the court may deal with your plea, make procedural directions or adjourn the matter.

An adjournment may give you time to obtain advice or prepare your case. Your solicitor can explain why more time is needed, but the decision belongs to the court.

Some matters can be finalised early. Others take several appearances. Until your solicitor has reviewed the charge and the available material, it may not be possible to tell you exactly how your matter will progress.

Good representation starts before you enter the courtroom

Contact a solicitor as soon as you receive your court papers. Bring your Court Attendance Notice, police facts sheet and any bail or AVO documents you have received.

Tell your solicitor what happened, including anything you find uncomfortable or think may weaken your case. Explain where you disagree with the police account. It is much better to discuss a difficult fact privately beforehand than have it emerge unexpectedly in court.

Your solicitor can review the allegations, explain the available options and advise you about a plea. Do not plead guilty simply to get the day over with. You need to understand what you are admitting and the possible consequences.

You should also know what you need to do next. If your solicitor asks for documents or information, provide them promptly and check any deadlines. Important material should not be left until the morning of your court appearance.

Before agreeing to representation, clarify what work is included, what it will cost and who will attend court with you.

Your solicitor represents you and has duties to the court

A solicitor is an officer of the court. That expression can sound unfamiliar, but it has an important practical meaning: your solicitor must act honestly and uphold the proper administration of justice.

Your solicitor has duties to you, including protecting your interests and maintaining confidentiality, subject to recognised exceptions. However, the duty to the court and the administration of justice takes priority where duties conflict.

That does not make your solicitor part of the prosecution. Nor does it mean accepting the police version of events without question.

A defence solicitor can challenge evidence, question witnesses and argue that a charge has not been proved. Those are proper parts of the court process.

What a solicitor cannot do is invent facts, knowingly mislead the court or present an account they know is false. Being on your side means advancing your case lawfully, not promising to say whatever you would like the court to hear.

What does making submissions involve?

Submissions are the arguments your solicitor puts to the court about the decision it should make. They explain how the law applies to your circumstances and the material before the court.

During a defended hearing, submissions may address weaknesses in the prosecution case. At sentencing, they may deal with your circumstances, rehabilitation, relevant supporting documents and the sentencing options available.

Submissions are not a substitute for evidence. A solicitor cannot establish a disputed fact merely by stating it from the bar table.

Careful preparation matters. A relevant reference or treatment report may help explain something that would otherwise be missing from the court’s understanding of your circumstances.

The purpose is to give the court a clear, properly supported basis for the orders you are seeking.

Your solicitor cannot promise the result

It is understandable to want reassurance, particularly where your employment, family or liberty may be affected. Nevertheless, no solicitor can guarantee that a charge will be dismissed, bail granted or a conviction avoided.

Your solicitor can advise you about possible outcomes and explain the strengths and difficulties in your position. The court makes the decision.

The same applies to existing orders. Your solicitor may be able to seek a variation or advise about an appeal, but cannot cancel an order themselves. Do not assume an order has stopped applying because you disagree with it or have asked your solicitor to challenge it.

Honest advice is sometimes difficult to hear. Ask questions until you understand the recommendation and your options.

On the day, leave time and stay in contact

Confirm where you need to attend and arrive early. Bring your documents, silence your phone and allow for a wait. Your matter may not be called as soon as court begins.

At a mention, your solicitor will usually speak on your behalf. Listen carefully and do not interrupt. If the court asks you a question, answer respectfully and ask for clarification if necessary.

Do not assume you can stay home because you have engaged a solicitor. Check your attendance requirements beforehand.

Before leaving, make sure you understand what happened, whether another appearance is required and any conditions you must follow.

Speak with MS Lawyers Sydney

MS Lawyers Sydney provides criminal law representation in Local Courts across Sydney and Greater Sydney, subject to availability.

Speak directly with Principal Solicitor Mary Saliba about your charge, court date and the assistance you need. You will have an opportunity to discuss representation, the proposed work and fees before deciding how to proceed.

Call 0487 423 877 to discuss your matter.

This article provides general information about NSW criminal proceedings and is not a substitute for legal advice about your circumstances.