Magistrates' Courts start at 10 am; however, if you are planning to see a duty lawyer, it is a good idea to get to court early as there is often a queue.

Going to court can be a daunting and stressful experience and having a family member or friend to go with you may help.

Magistrates and judges also like to know that people are being supported. If part of your plea is about the good family support you have, it is very useful to have a family member there to back this up.

Having your support worker, drug and alcohol worker or youth worker attend with you is also very helpful. Community workers are very well regarded by judges and magistrates, who may want to hear directly from the worker as to what supports are in place or progress made. If the worker has already written a reference and they are sitting in court, this will give more weight to their report.

Many people wonder what to wear to court. While there are no set rules, remember that courts are formal places and showing respect to the magistrate by looking neat and tidy will place you in a more positive position.

If you have time, it is a good idea to have a look at the courtroom before you go in for your case, to get an idea of the general layout and who sits where. Many courts have trained volunteers from Court Network who can provide support and help you find your way around court.

The police prosecutor (not the police officer who charged you) will read out a summary of the offence. The magistrate will ask your lawyer whether you agree with the summary and whether you have any priors. The prosecutor will hand a list of any priors to the magistrate.

Your lawyer will then do a 'plea', which is an explanation of why you committed the offence and what sort of person you are, putting this in the best possible light. Your lawyer can suggest an appropriate penalty to the magistrate.

The magistrate will then make a decision about what penalty you should receive. When the magistrate informs you of your penalty you should stand up and look respectful - even if you are upset or angry about the decision.

If you have been charged with an 'indictable' offence, before your lawyer can enter your plea of guilty you must first give the court permission to hear the charges - this is called 'consenting to the jurisdiction'. If you do not consent to the jurisdiction the charges must be referred to the County Court.

The process of pleading not guilty is a longer process involving more court and police time. This is why police and often the court system encourage you to plead guilty. If you plead guilty straight away, this can be taken into account when the magistrate is sentencing you. If you plead not guilty, but are still found guilty, you will not receive the sentencing discount for an early plea of guilty.

For pleas of not guilty, it is up to the police to prove their case. The police officer who charged you and any other police officers who were around will give evidence. Your lawyer can then ask them questions (cross-examine them). If it helps your case, you and any witnesses can give evidence and the police prosecutor may also ask you and your witnesses questions. The magistrate will then decide who to believe. If you are found guilty, your lawyer will make a 'plea' on your behalf and the magistrate will sentence you.

It is important to be aware that pleas of not guilty cannot go ahead on the first court date. Defendants are often frustrated because they want to 'get it over with', but their case has to be adjourned, and go through one or more preliminary hearings, before the main court hearing.

As a consumer you have a right to expect the lawyer to act on your behalf to their utmost capacity. If you don't understand or have doubts about what your lawyer is saying or doing, ask questions. Treat them like anybody else and make sure they explain things to you fully. If you are not happy, then say so.

If the situation does not improve you may consider seeing another lawyer and asking for further advice and whether you can change lawyers. If Legal Aid is covering your case, your new lawyer will have to get Victoria Legal Aid to agree to the change of lawyer. They will usually let you change lawyers once, but after that you will need a very good reason to change again.

If you are paying for your case, your old lawyer will wait until they have been paid before giving your file to the new lawyer. You will be required to also pay your new lawyer.

See Chapter 14, Making A Complaint, for further information on what to do when you are not happy with your lawyer.