Facing Charges? Here's How Long a Criminal Case Takes & What Your Criminal Lawyer Will Do



If you've recently been charged with a criminal offence in Australia, it's natural to feel overwhelmed. One of the most common concerns for defendants is: “How long will this take?” Closely followed by “What exactly will my criminal defence lawyer do to help me?”

In this guide, we break down the typical timeline of a criminal case in Australia and explain the critical role a criminal lawyer plays from arrest to resolution. Choose the right criminal lawyer early to ensure your rights are protected and your case is handled with skill, strategy, and care.

⚖️ Understanding the Criminal Justice Process in Australia

Before estimating how long a case might take, it’s essential to understand the key stages of a criminal matter in Australia:

  1. Investigation & Arrest

  2. Charge & Bail Hearing

  3. First Court Appearance

  4. Committal Proceedings (if applicable)

  5. Trial (Summary or Indictable)

  6. Sentencing (if convicted or plea is entered)

  7. Appeals (optional and case-dependent)

🕒 How Long Does a Criminal Case Take?

The time it takes to resolve a criminal case can vary significantly depending on:

  • The type of offence (e.g., summary vs indictable)

  • The court (Local, District, or Supreme Court)

  • Whether the matter is resolved early (e.g., via a guilty plea or withdrawal)

  • The complexity of the evidence and the number of witnesses

  • Court backlogs and adjournments

Let’s look at typical timeframes:

🔹 1. Summary Offences (Heard in Local Court)

These are less serious matters such as drink driving, minor assaults, or property damage.

  • Resolution Timeframe: 1 to 6 months

  • If you plead guilty at the first mention, your case may be finalised in one appearance.

  • If you plead not guilty, the case will be set down for a hearing which can take weeks or months to schedule.

🔹 2. Indictable Offences (Heard in District or Supreme Court)

These include more serious charges like drug trafficking, sexual offences, or murder.

  • Resolution Timeframe: 6 months to 2+ years

  • These cases involve complex pre-trial procedures including committal hearings, case conferences, and possibly a jury trial.

  • If pleading guilty, resolution can still take months due to sentencing submissions.

🔹 3. Appeals

Appealing a conviction or sentence adds further months, depending on the court and grounds for appeal.

  • District Court Appeal: 3–6 months after conviction

  • Court of Criminal Appeal (NSW): 6–12 months or longer

👨‍⚖️ What Your Criminal Defence Lawyer Will Do

A criminal defence lawyer in Australia plays a crucial role at every stage of your case. Their job is not just to argue in court — it begins much earlier and is deeply strategic.

Let’s walk through what your lawyer will do for you:

✅ 1. Initial Advice & Legal Strategy

From the moment you’re charged or contacted by police, your lawyer will:

  • Explain the charges and your legal rights

  • Advise whether to speak to police or exercise the right to silence

  • Examine the strength of the prosecution case

  • Help you understand your options: pleading guilty vs not guilty

  • Set the groundwork for a strong defence strategy

✅ 2. Bail Applications

If you're refused bail by police, your lawyer can:

  • Prepare and argue for bail in the Local Court

  • Suggest appropriate bail conditions

  • Make urgent applications if you're at risk of being held on remand

✅ 3. Review of Evidence

Your lawyer will:

  • Request and analyse the brief of evidence from police

  • Investigate inconsistencies, unlawful conduct, or lack of evidence

  • Engage experts (e.g., forensic or mental health professionals) if needed

  • Identify whether evidence can be excluded or challenged

✅ 4. Negotiations with Prosecution (Case Conferencing)

This stage is often vital:

  • Your lawyer may negotiate with police or DPP to reduce or drop charges

  • They may push for a plea deal or diversion programs (like Section 10 in NSW)

  • Early and strategic negotiation can save time, money, and reduce penalties

✅ 5. Court Representation

In court, your lawyer will:

  • Make bail submissions

  • Cross-examine witnesses

  • Deliver opening and closing arguments

  • Present mitigation material at sentencing

  • Argue for lower penalties, fines, or non-custodial outcomes

✅ 6. Plea Bargains and Sentencing Submissions

If pleading guilty:

  • Your lawyer will prepare a sentencing submission with your background, remorse, rehab efforts, and references

  • They may argue for community service, a good behaviour bond, or suspended sentence depending on the offence

  • They ensure the court hears your side of the story in the best light possible

✅ 7. Post-Trial Support and Appeals

If convicted, your lawyer can:

  • Advise on whether you have grounds for appeal

  • Handle lodging of appeal documents

  • Represent you in the appellate court

  • Ensure you’re treated fairly throughout the process

🧾 How to Speed Up the Process

While some delays are out of your control, you and your lawyer can take steps to streamline your case:

  • Be proactive in preparing documents and providing background info

  • Respond to lawyer queries quickly

  • Consider early pleas (if appropriate) to reduce time and sentencing

  • Comply with court orders and bail conditions

📍 Choosing the Right Criminal Defence Lawyer in Australia

A skilled criminal defence lawyer in Sydney, Australia can make a massive difference to the outcome and efficiency of your case. Look for:

  • Experience in the relevant court (Local, District, or Supreme)

  • Strong track record in your type of charge

  • Transparent fee structure

  • Good communication and responsiveness

  • A firm that handles urgent matters like bail or police station visits

🚨 Final Thoughts: Stay Informed, Stay Prepared

Facing a criminal charge is daunting, but understanding the process and working with the right lawyer will empower you to face the challenge confidently.

Most criminal cases in Australia can take anywhere from a few weeks to several years, depending on severity, plea, and complexity. Throughout the process, your criminal lawyer is your legal shield — guiding you, defending your rights, and fighting for the best possible outcome.

Location: Australia

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