Understanding the difference between being Arrested, Charged, and Convicted
Stary Norton Halphen - Criminal Law Specialists
Melbourne criminal lawyers
The criminal justice system uses many terms with specific meanings, and this can often lead to confusion about what they really mean. The terms ‘Arrested’, ‘Charged’, and ‘Convicted’ are often used interchangeably in the media and in everyday conversation, but each has a distinct legal meaning. While these differences might not seem important in daily life, they become crucial when you or someone you know has to interact with the criminal justice system.
What does it mean to be Arrested?
Being arrested means being taken into custody by law enforcement. There are rules about when this can take place, but effectively there are three bases upon which an arrest can be made:
There are other circumstances when police or another party may arrest you, but the above three are the most common. There are a number of reasons why you might be arrested. The most common is so that you can be questioned in relation to a criminal offence you are alleged to have committed.?
When you are arrested, you will be taken into custody by the police. This most often involves being placed in handcuffs and taken to the police station for an interview. Sometimes, you might be asked to attend the police station at a scheduled time and date to be arrested and interviewed.?
If you are arrested, there a series of important rights that you have. The first is the right to speak to a lawyer. You should always speak to a lawyer before you decide to speak to the police. The police are required to give you the opportunity to call a lawyer of your choice, or to assist you to find a lawyer. You should never speak to the police until you have spoken to a lawyer first. Additionally, you have the right to inform your family of your location.
If English is not your first language, you have the right to have an interpreter present so that you can understand the questions the police are asking you, and are able to communicate clearly with them. If you are not an Australian citizen, you also have the right to speak to someone from the consular office of the country of which you are a citizen.
The final important right you have is to not answer any questions in an interview. There are certain questions that you are required to answer:
However, once you have answered these questions, you are permitted to answer the remainder of the questions with ‘No Comment’. Nobody, including police and the Courts, are able to interpret anything negative from your choice not to answer questions. It does not make you look ‘guilty’ or as if you have something to hide.?
Choosing whether to make a ‘No Comment’ interview is a very important decision, that can have serious implications on whether you are Charged with or Convicted of a criminal offence. This is why it is so important to speak to a lawyer before you decide whether to answer any questions.?
Being arrested does not necessarily mean that you will be Charged or Convicted.?
What does it mean to be Charged?
A ‘Charge’ is a formal accusation by police that you have committed a criminal offence, and it means that a court date has been scheduled to hear the case for the first time. After being arrested, police will make a decision about whether they believe they have sufficient evidence to charge you. If they believe they do, they will serve you with paperwork that contains a summary of the allegation against you. You may not be charged the same day you are arrested, as police might need more time to review or gather further evidence before doing so.
Once you have been charged, it is essential that you obtain legal advice. A lawyer will be able to analyse the case against you and the strength of the evidence, so that they can advise you as to your options.?
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It is important to note that being charged does not mean you are guilty. There are many steps that must be completed before the police can prove your guilt, which must occur in court.?
What does it mean to be Convicted?
A ‘Conviction’ means that you have been formally recorded as having been found guilty, or plead guilty, to a criminal offence. You can be convicted by a Court at the end of the process of pleading ‘Not Guilty’, which may lead to a Criminal Trial, or if you plead ‘Guilty’.
The court process can take a long period of time, and being Arrested or Charged, does not guarantee a Conviction.?
For less serious criminal offences, the Magistrate or Judge has the power to decide whether to impose a Conviction or not, even if you are found or plead guilty. If you have a Conviction recorded against you, it will appear on your criminal record. This means it will show up on police checks, and may make it harder to obtain future work, travel overseas, or access other opportunities.?
The fact that this is a discretionary decision for the Court reinforces why it is essential to have legal representation. A lawyer will be able to argue to the court why you should not receive a Conviction, which can make a significant difference.?
Key Differences
The stage of the criminal proceedings you’re facing will influence the advice and options available to you. We strongly encourage you to contact us early so we can provide the best support for your case. Not understanding these terms can make you confused about the status of your case.
We can help you at any stage of the criminal proceeding, but the sooner you contact us the better. As a firm with a long and distinguished tradition of assisting those accused of criminal offences, Stary Norton Halphen has significant and diverse experience across all types of criminal offences. We encourage you to contact us as soon as possible so that we can assist you with your matters.
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