As a law-abiding citizen, you may have never thought about what it could be like to face criminal charges. However, it should be noted that anybody could be presented with criminal charges if there is a chance you were involved in a crime, whether it was unbeknownst to you. Facing criminal charges can be an extremely daunting experience. Thus, it would be prudent for you to know what to expect to be on the safe side.

What is classified as a criminal charge?

By Australian law, criminal charges can be filed if the authorities are under the impression that you have committed an offence that has subsequently led to the breaking of the law. The first measure the authorities will take is to interview you so that they can establish whether there is a basis to arrest you. If you are summoned for an interview, it would be best to seek legal advice to ensure that you do not say anything that would incriminate you. All individuals have a right to silence if they have been summoned for a police interview, and this literally means that you are not obliged to answer any questions. However, it should be noted some instances would void the right to silence, for example if the authorities are asking you to identify yourself.

What are the different ways that you can be charged?

There are various ways that the authorities can present charges to you. It should be noted that with each of these ways, you would be expected to make a court appearance so that the criminal proceedings can begin. Some of the different ways that you can be charged include:

• Being taken under arrest: This will involve a trip to the police station so the authorities can formally charge you with a criminal offence. In most cases, the trip will entail you being whisked off in a paddy waggon.

• Being served with a summons: the second way that you can be charged is by the authorities sending you a summons document. The document will be borne from an affidavit, and will typically be hand delivered to you to guarantee that you received it.

• Being served a notice to appear: This type of document is not as formal as a summons. Hence, it does not need to be witnessed by a justice of the peace. As such, a notice to appear in court can be handed to you immediately in the same way that you would receive a parking ticket.

For more information, contact a local lawyer.