There are lawyers employed by Legal Aid WA whose role it is to attend Magistrates Courts and Children's Courts to advise and represent people who are facing criminal charges in those courts. These lawyers are known as "duty lawyers".
How can a duty lawyer help me?
A duty lawyer can advise you on a range of issues and can also represent you in teh Magistrates Court in certain circumstances. The amount of help that a duty lawyer can give you will depend on the nature of the offence and whether the offence can be completely dealt with in the Magistrates Court or whether it must go to the District or Supreme Court or before the President of the Children's Court to be dealt with.
How can a duty lawyer help me with an offence that will be dealt with in the Magistrates Court or Children's Court?
The duty lawyer is able to advise you about:
whether you should plead guilty or not guilty
the seriousness of the charge/s
any defence you may have
what penalties you could receive
what is likely to happen in court
any issues you may have in relation to bail.
The duty lawyer is able to represent you (appear for you) to:
apply for bail
apply for more time in which to get legal advice or to obtain more information
indicate that you will plead not guilty
speak on your behalf if you are pleading guilty.
How can a duty lawyer help me with an offence that will be sent to the District or Supreme Court or before the President of the Children's Court?
The duty lawyer cannot appear for you once your charge is listed in the District or Supreme Court or before the President of the Children's Court.
Well before you are due to appear in the District or Supreme Court or before the President of the Children's Court, it is very important that you get your own private lawyer or apply for legal aid. The duty lawyer can help you make an application for legal aid.
However, while your charge is still listed in the Magistrates Court or in the Children's Court before a magistrate, the duty lawyer can advise you about:
the seriousness of your charge/s
the court (District or Supreme) in which your charge will be dealt with
any issues you may have in relation to bail
what is likely to happen to you in court
court processes.
Further, while your charge is still listed in the Magistrates Court or in the Children's Court before a magistrate, the duty lawyer is able to represent you (appear for you) to:
apply for bail
apply for more time for you to find a private lawyer or apply for legal aid.
For matters that will be sent to the District or Supreme Court or before the President of the Children's Court, the duty lawyer cannot represent you on a plea of guilty or not guilty unless you already have a lawyer representing you and that lawyer has asked the duty lawyer to look after you on that day.
If you already have a lawyer representing you it is always better for that lawyer to appear for you instead of the duty lawyer as your own lawyer will know more about you and more about your case.
How can a duty lawyer help me?
A duty lawyer can advise you on a range of issues and can also represent you in teh Magistrates Court in certain circumstances. The amount of help that a duty lawyer can give you will depend on the nature of the offence and whether the offence can be completely dealt with in the Magistrates Court or whether it must go to the District or Supreme Court or before the President of the Children's Court to be dealt with.
How can a duty lawyer help me with an offence that will be dealt with in the Magistrates Court or Children's Court?
The duty lawyer is able to advise you about:
whether you should plead guilty or not guilty
the seriousness of the charge/s
any defence you may have
what penalties you could receive
what is likely to happen in court
any issues you may have in relation to bail.
The duty lawyer is able to represent you (appear for you) to:
apply for bail
apply for more time in which to get legal advice or to obtain more information
indicate that you will plead not guilty
speak on your behalf if you are pleading guilty.
How can a duty lawyer help me with an offence that will be sent to the District or Supreme Court or before the President of the Children's Court?
The duty lawyer cannot appear for you once your charge is listed in the District or Supreme Court or before the President of the Children's Court.
Well before you are due to appear in the District or Supreme Court or before the President of the Children's Court, it is very important that you get your own private lawyer or apply for legal aid. The duty lawyer can help you make an application for legal aid.
However, while your charge is still listed in the Magistrates Court or in the Children's Court before a magistrate, the duty lawyer can advise you about:
the seriousness of your charge/s
the court (District or Supreme) in which your charge will be dealt with
any issues you may have in relation to bail
what is likely to happen to you in court
court processes.
Further, while your charge is still listed in the Magistrates Court or in the Children's Court before a magistrate, the duty lawyer is able to represent you (appear for you) to:
apply for bail
apply for more time for you to find a private lawyer or apply for legal aid.
For matters that will be sent to the District or Supreme Court or before the President of the Children's Court, the duty lawyer cannot represent you on a plea of guilty or not guilty unless you already have a lawyer representing you and that lawyer has asked the duty lawyer to look after you on that day.
If you already have a lawyer representing you it is always better for that lawyer to appear for you instead of the duty lawyer as your own lawyer will know more about you and more about your case.
