The Biggest Mistakes People Make After Being Charged With An Offence In Western Australia
Being charged with a criminal offence in Western Australia can be a frightening experience, particularly if it is your first interaction with the criminal justice system.
However, it is important to understand that your actions immediately after being charged are critical to ensuring you have the best possible defence.
This article outlines the most common mistakes people make after being charged, explains the legal consequences under Western Australian law, and provides practical guidance from an experienced Perth criminal lawyer on how to avoid compounding an already difficult situation.
Mistake #1: Speaking to Police Without Legal Advice
One of the most common mistakes people make after they are charged with a crime is agreeing to participate in a police interview without first obtaining legal advice.
Under section 137 of the Criminal Investigation Act 2006 (WA), police must caution a suspect before questioning them and inform them that they are not obliged to answer questions. This means you have the right to decline to answer questions put to you by police.
Despite this, many people believe that explaining their side of the story will resolve the matter quickly. In reality, police interviews are conducted to gather evidence, not to undertake informal discussions.
Statements made during a recorded interview can become central evidence at trial. Even partial admissions may satisfy essential elements of an offence under the Criminal Code (WA).
For example, many offences require proof of intent or knowledge. A casual comment such as “I didn’t mean for it to go that far” may be used to establish intent or foreseeability.
Once a damaging admission is recorded, it cannot be withdrawn simply because it was made in panic or confusion.
As such, you should always obtain legal advice before speaking to police, and exercise your right to silence prior to receiving that advice.
Mistake #2: Discussing the Case With Others
Another common mistake is discussing the case in detail with others.
Anything you say to another person about the alleged charged offence can potentially become evidence. This includes statements made to friends, family members, colleagues, or other accused persons.
If a conversation is later reported to police, or if a co-accused provides a statement, those communications may be admissible.
Posting statements or responses online can also support prosecutions. Social media posts, direct messages, and text communications are routinely extracted under search warrants or through open-source investigations.
Posts expressing anger toward an alleged victim, minimising your conduct, or discussing details of the incident after being charged may be relied upon by the prosecution as evidence of consciousness of guilt or a lack of remorse during sentencing.
Mistake #3: Failing to Comply With Bail Conditions
After being charged, many individuals are granted bail, giving them conditional release into the community pending finalisation of their criminal matter.
Section 17 of the Bail Act 1982 (WA) allows conditions to be imposed to ensure attendance at court, prevent interference with witnesses, and protect the community.
Section 51 of the Bail Act 1982 (WA) creates an offence for failing to comply with bail conditions without reasonable cause. Breaching a bail condition may result in arrest, revocation of bail, and/or additional charges.
A breach may also be relied upon as evidence of disregard for court orders, which can affect sentencing if the original charge proceeds to conviction.
Mistake #4: Ignoring Court Dates or Legal Documents
One of the most serious mistakes a person charged with an offence can make is failing to attend court or ignoring important legal documents.
Failing to appear in accordance with bail is an offence. Even if you are not on bail, failure to attend can result in a bench warrant.
Once a warrant is issued, police may arrest you at home, at work, or during a traffic stop. What may have started as a manageable matter can quickly escalate into grounds for imprisonment.
In addition, court documents, disclosure materials, and correspondence from prosecutors or your defence lawyer require immediate attention. Strict timelines apply to pleas, disclosure, and case management hearings. Ignoring documents or assuming the matter will resolve without engagement is a serious error.
Even if you intend to plead guilty, proper preparation is required to ensure sentencing submissions are presented effectively.
Mistake #5: Assuming the Case Will “Go Away”
One of the most frustrating mistakes from a legal perspective is a client assuming their case will “go away” on its own. It is surprisingly common for people to believe that if they avoid thinking about the matter, it will somehow resolve.
Criminal charges do not simply disappear.
A criminal case is not won on the day of trial; it requires extensive proactive preparation. Any delay in engaging with your criminal lawyer reduces strategic options and weakens your ability to present a robust defence.
Mistake #6: Entering a Plea Without Proper Advice
A plea of guilty or not guilty should not be made without first receiving extensive legal advice.
Pleading guilty without understanding the strength of the evidence or available defences can result in an unnecessary criminal penalty.
Conversely, contesting a matter that is likely to fail can increase stress, legal costs, and potential sentencing exposure if a conviction results after trial.
A plea decision should be informed by advice from an experienced criminal defence lawyer who can provide you with a frank assessment of your options.
Mistake #7: Contacting the Complainant
If your criminal matter involves allegations of sexual or physical assault, family violence, or similar conduct, bail conditions commonly prohibit contact with the complainant.
One of the worst mistakes you can make is attempting to contact the complainant to try to make the matter go away.
Attempting to apologise, reconcile, or explain your side of the story to a complainant can result in an offence for breaching bail at best, and being charged with an offence of attempting to pervert the course of justice at worst.
Even well-intentioned communication can lead to further charges, so it is critical that you avoid contact with the complainant unless it relates to a situation that your lawyer advises is lawful and appropriate (for example if there is court-ordered victim-offender mediation).
Mistake #8: Failing to Consider Long-Term Consequences
A criminal conviction is not only about immediate penalties. It also affects the long-term impact of having a criminal record.
A conviction may limit your employment and travel options, at least until you are able to apply to have the conviction spent.
Any professional licensing regime that requires police checks for “good character”, or workplaces that require police checks or working with children checks, will likely view a criminal record unfavourably.
Further, if you are in the country on a temporary visa, a criminal conviction may lead to swift removal.
It is therefore crucial to understand whether you can contest a charge to avoid a criminal record entirely. It is also important to understand whether a spent conviction application made to the court has any likelihood of success.
Mistake #9: Acting Emotionally Instead of Strategically
Many of the errors people make after being charged stem from responding impulsively based on emotion.
Anger, shame, fear, and frustration are common reactions after charge, but they rarely guide people toward productive decisions.
Speaking to a lawyer with a level head helps you avoid rash actions driven by emotion and ensures your defence strategy is properly maintained.
Get Legal Advice Now
If you have been charged with an offence in Western Australia, the most important step is to pause, seek proper legal advice, and act calmly. What you do next can significantly affect the final outcome.
If you are facing a criminal matter in Western Australia, it is essential to seek guidance from an experienced criminal lawyer who can provide expert advice, protect your rights, and help achieve the best possible outcome for your case.
