Possible Outcomes for Criminal Charges in Melbourne

If you have been charged with a criminal offence, your mind is likely consumed by one terrifying question: "What is going to happen to me?" For most people, the immediate fear is about two things: "Will I go to jail?" and "Will I get a criminal record?".

The uncertainty of not knowing the answer is often the worst part. The legal system is complex, and the path from being charged to a final court date is not always clear. The good news is that the outcome is not set in stone. It is influenced by evidence, strategy, and expert legal representation.

As a specialist Melbourne criminal lawyer firm, our role is to demystify this process. This guide will walk you through the spectrum of possible outcomes in Victoria, from the best-case scenario to the most serious, and explain how a lawyer’s work is critical at every stage.

Table of Contents

• The Single Most Important Factor: Conviction vs. Non-Conviction

• The Spectrum of Outcomes in Victoria (Best to Worst)

  6. Case Withdrawn or Dismissed (The Best Result)

  7. The Diversion Program (No Record)

  8. Adjourned Undertaking (Good Behaviour Bond)

  9. Fines (With or Without Conviction)

  10. Community Correction Order (CCO)

  11. Imprisonment (The Last Resort)

• How an Expert Lawyer Fights for Your Best Outcome

• A Note on Victoria's "Spent Convictions" Scheme

• Frequently Asked Questions (FAQs)

• You Don't Have to Face This Uncertainty Alone

The Single Most Important Factor: Conviction vs. Non-Conviction

Before we get to the specific penalties, this is the most critical concept to understand.

• A "Conviction" is a formal, legal finding of guilt that is recorded against your name. This is what creates a "criminal record."

• A "Non-Conviction" (or without conviction) is a finding that even though you are guilty of the offence, the court has used its discretion not to record a formal conviction.

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Why does this matter so much? A criminal record can have a devastating, long-term impact on your life. It can prevent you from:

• Gaining employment in many fields (especially those requiring police checks).

• Travelling to certain countries (like the USA and Canada).

• Obtaining certain professional licences or memberships.

In many cases, our primary goal as your criminal lawyer is to persuade the court to impose a non-conviction penalty.

The Spectrum of Outcomes in Victoria (Best to Worst)

When you are sentenced, a Magistrate or Judge weighs many factors. These are the most common outcomes in Victoria, starting with the most favourable.

1. Case Withdrawn or Dismissed (The Best Result)

This is the best possible outcome. It means your case is over, and you are free to go.

• Charges Withdrawn: This happens before a hearing. As your lawyers, we meticulously review the police evidence. If it's weak, flawed, or improperly obtained, we will enter into negotiations with the prosecution to have the charges withdrawn.

• Charges Dismissed: This happens at a hearing. If you plead not guilty and the prosecution fails to prove its case beyond a reasonable doubt, the Magistrate will dismiss the charges, and you will be acquitted.

2. The Diversion Program (No Record)

The Criminal Justice Diversion Program is a fantastic opportunity for many first-time or low-level offenders.

• What it is: A program that allows you to "divert" out of the normal court system.

• How it works: You must accept responsibility for the offence, but you do not have to enter a formal plea of guilty. The prosecution must agree it's appropriate.

• The Outcome: You will be ordered to complete certain conditions (e.g., write a letter of apology, attend a program, donate to charity). If you complete them, the charges are dismissed, and no finding of guilt or conviction is recorded. It's as if it never happened.

3. Adjourned Undertaking (Good Behaviour Bond)

This is a very common non-conviction outcome. The court finds you guilty but gives you a chance to prove you can be of good behaviour.

• How it works: The case is "adjourned" (postponed) for a period, usually 12 months. You sign an "undertaking" (a promise) to be of good behaviour during that time.

• The Outcome: If you successfully complete the period without re-offending, the matter is dismissed without a conviction. If you breach the bond, you can be re-sentenced for the original offence.

A lawyer's job is to argue that this is the most appropriate penalty, rather than a fine with a conviction.

4. Fines (With or Without Conviction)

A fine is a financial penalty. This is a very common sentence for summary offences like traffic matters or minor theft.

• The Key Battle: A fine can be issued with a conviction or without a conviction.

• Our Role: We will fight for the fine to be imposed without a conviction, protecting your criminal record. We also argue for the fine to be set at an affordable level, taking into account your financial circumstances.

5. Community Correction Order (CCO)

A CCO is a serious sentence served in the community. It is an order that is instead of jail.

• What it is: A flexible order that can last for up to 5 years (in the Supreme Court).

• What it involves: A CCO has "core" conditions (e.g., must report to a case manager) and "special" conditions tailored to you. These can include:

  • Unpaid community work.

  • Treatment for drug, alcohol, or mental health issues.

  • Curfews or area restrictions.

A CCO is a significant punishment, but it is far preferable to imprisonment.

6. Imprisonment (The Last Resort)

This is the most serious outcome and is reserved for the most serious offences (e.g., serious violence, large-scale drug trafficking, sexual offences) or for offenders who have a long history of re-offending.

A sentence of imprisonment means serving a term in custody. If this is a real possibility, a lawyer's job has two parts:

1. Argue that a different sentence (like a CCO) is more appropriate.

2. If imprisonment is unavoidable, argue for the shortest possible term and the earliest possible parole.

How an Expert Lawyer Fights for Your Best Outcome

You can see that for any given charge, there is a range of possible outcomes. Where you land on that spectrum is not left to chance. It is determined by high-quality legal work.

The best criminal lawyers in Melbourne influence the outcome by:

• Analysing Evidence: Finding weaknesses in the police case to argue for a withdrawal.

• Skilful Negotiation: Communicating with prosecutors to have serious charges downgraded or to be recommended for the Diversion Program.

• Strategic Advice: Guiding you on when to plead guilty (to get a "discount" on your sentence) versus when to fight the charges at a contested hearing.

• Powerful Mitigation: If you plead guilty, we don't just "show up." We prepare a powerful and persuasive case for the Magistrate. This involves gathering character references, letters of apology, psychological reports, and evidence of rehabilitation to argue for the lowest possible penalty.

A Note on Victoria's "Spent Convictions" Scheme

As of 2021, Victoria has a "Spent Convictions" scheme. This means that some past convictions can be "spent" (i.e., no longer show up on a police check) after a period of time (usually 10 years for adults). This law is complex, but it's another tool a good lawyer can use to help you move on with your life.

Frequently Asked Questions (FAQs)

Q: Will I go to jail for a first offence? It is highly unlikely for a first-time offender to be jailed for a minor or summary offence. Imprisonment is a last resort. For a first offence, our focus is almost always on securing a non-conviction outcome like a Diversion or an Adjourned Undertaking.

Q: What is a "plea of guilty" and how does it help me? A plea of guilty is a formal admission to the charge. The law requires a court to give you a "discount" on your sentence for pleading guilty, as it saves the court time and trauma for victims. An "early" plea (made at the first opportunity) results in a bigger discount.

Q: Will I get a criminal record if I just pay the fine the police gave me? This is a critical trap. Paying some police-issued infringement notices (like for "shop theft") can mean you are automatically found guilty with a conviction. Never pay a fine of this nature without getting legal advice first. It is often better to take the matter to court to fight for a non-conviction outcome.

Q: What is the difference between a "summary offence" and an "indictable offence"? Summary offences are less serious and are heard only by a Magistrate in the Magistrates' Court (e.g., most traffic offences, minor assaults). Indictable offences are more serious (e.g., theft, serious assault, fraud) and are heard in the County or Supreme Court, often before a judge and jury.

Conclusion: You Don't Have to Face This Uncertainty Alone

The range of possible outcomes can be overwhelming. The most important thing to remember is that you are not powerless. The actions you take right now—starting with hiring an expert legal team—can have a direct and profound impact on your future.

Don't spend another night guessing. Let us give you clarity.

For a confidential, no-obligation discussion. We will listen to your situation and provide you with clear, honest advice about your specific charges and the likely outcomes. Contact Us Today