A solicitor is a legal professional who may work in areas such as property, wills, business, family law or criminal law. A criminal lawyer focuses on criminal investigations, charges and court proceedings, while a criminal defence lawyer specifically represents the person accused.

Bark has more than 160 criminal defence lawyers and over 1,110 solicitors across Australia, helping people find the right support for criminal cases and a wide range of other legal needs.

If you're on the lookout for criminal lawyers, you can compare experts with experience relevant to the allegation or court matter you’re facing.

Both professionals belong to the same legal profession, but their day-to-day experience can be very different. A general solicitor may be qualified to handle a criminal matter. A dedicated criminal defence lawyer, however, is more likely to deal regularly with police interviews, bail applications, prosecutors and criminal courts.

The right choice depends less on whether someone uses the title “lawyer” or “solicitor” and more on whether they have recent experience with your type of charge and the court hearing it.

What’s the difference between a criminal lawyer and a solicitor?

A solicitor usually works directly with clients, gives legal advice, prepares documents and manages legal matters. Depending on their practice area and experience, they may also represent clients in court.

“Criminal lawyer” is a broad term for a legal practitioner who works in criminal law. It can include criminal defence lawyers representing accused people as well as prosecutors acting for the state.

Someone accused of an offence will ordinarily need a criminal defence solicitor or another lawyer who represents defendants. Clients commonly approach a criminal solicitor first to advise them and manage the case.

Their work can begin before charges are laid and continue through an investigation, bail application, plea, hearing, sentencing process or appeal.

Not every solicitor handles criminal cases. Many concentrate on conveyancing, wills and estates, employment law, commercial contracts or family disputes.

How do criminal defence lawyers and general solicitors compare?

A solicitor’s professional title doesn’t show how often they handle criminal matters. Ask whether they regularly deal with the relevant charge and appear in the court where your case will be heard.

Do you need a solicitor or criminal lawyer at each stage of a case?

The help you need changes as the matter progresses. Someone contacted by police faces different decisions from a person preparing for a hearing or sentence.

Before charges are laid

Police may ask you to attend an interview, answer questions or provide access to property. They may also request documents or electronic devices.

In most NSW investigations, a suspect has the right to silence, although exceptions apply. Legal Aid NSW’s guidance on police and your rights recommends getting urgent legal advice if police want to question you about an alleged offence.

The rules differ across states and territories, so advice should come from a lawyer practising in the relevant jurisdiction. A criminal defence lawyer can explain what police are requesting, whether you must comply and what may happen if you provide information voluntarily.

They may also advise on:

• Whether to participate in an interview
• How to respond to requests for documents or devices
• The effect of a search warrant or seizure
• Evidence that should be preserved
• The offences police may be considering
• Conditions attached to release or bail

Anything said during an interview may later become evidence. Getting advice beforehand allows you to make an informed decision rather than trying to address the consequences afterwards.

After an arrest or charge

Once charges are laid, the lawyer reviews the allegations and explains the court process. The immediate priority may be a bail application or a request to vary existing conditions.

The lawyer will also obtain the available prosecution material. This may include witness statements, recorded interviews, CCTV, photographs, phone records and forensic results.

The first court appearance rarely determines the final result. It may address bail, an adjournment, outstanding evidence or the next procedural step.

During negotiations, a plea or a defended hearing

Not every criminal case proceeds to a hearing or trial. Some are resolved after the defence reviews the evidence and communicates with the prosecution.

Depending on the circumstances and the client’s instructions, discussions may cover:

• Withdrawal of a charge
• Amendment of the charge or alleged facts
• A plea to another offence
• Evidentiary issues
• The matters that remain contested

A lawyer should explain the strengths and weaknesses of the prosecution case. They should also outline any available defence and the consequences of entering a plea.

No lawyer can guarantee that a charge will be withdrawn or reduced.

When a charge is contested, the lawyer prepares the defence for a hearing or trial. This may involve examining inconsistencies, speaking with witnesses and arranging specialist evidence.

When is a general solicitor the better choice?

General solicitors handle many legal issues outside criminal law. Their work can cover property, wills, estates, commercial agreements, employment matters and family disputes.

Some solicitors practise across several fields, particularly in smaller firms or regional communities. Others work in one specialised area.

A general solicitor may be suitable when you need help with:

• Buying or selling property
• Preparing a will or power of attorney
• Reviewing a commercial agreement
• Managing a deceased estate
• Resolving an employment dispute
• Handling a family law matter
• Dealing with a business disagreement

The useful distinction isn’t simply “criminal lawyer or solicitor”. What matters is whether the lawyer’s recent experience matches the work you need them to do.

For a matter outside criminal law, you can compare solicitors and review the practice areas listed in their profiles.

Do you need a solicitor or barrister for a criminal case?

A criminal case doesn’t automatically require both a solicitor and a barrister.

The solicitor usually works directly with the client, gathers evidence and manages the case. Criminal solicitors also appear in lower courts for bail applications, pleas, sentencing and summary hearings.

A barrister is more likely to be briefed when specialist advocacy is required. This often happens in a higher court or a legally complex case.

When might a barrister become involved?

A barrister may be brought in for:

• Serious indictable charges
• District or County Court trials
• Supreme Court proceedings
• Appeals
• Complex evidentiary arguments
• Lengthy contested hearings

The solicitor normally remains involved after a barrister is briefed. They continue preparing the evidence, giving instructions and keeping the client informed.

Some criminal solicitors conduct substantial advocacy themselves. Ask who will appear at each stage, why a barrister may be required and whether the barrister’s fees are included in the estimate.

Bark’s guide to lawyers, solicitors, barristers and attorneys explains how these legal titles differ in Australia.

What do “attorney” and “advocate” mean in Australia?

“Attorney” is mainly used as a professional title in the United States. Australians are more likely to refer to a lawyer, solicitor or barrister.

A power of attorney is something different. It’s a legal document that authorises another person to make certain decisions or act on someone’s behalf.

“Advocate” describes someone who represents or argues for another person in a court or tribunal. It isn’t generally a separate regulated branch of the Australian legal profession.

Barristers are often described as advocates because courtroom work forms a large part of their practice. Solicitors can also conduct advocacy.

When does specialist criminal defence experience matter?

Criminal offence names and procedures differ between states and territories. Even within the same broad category, the evidence, possible penalties and court process can vary considerably.

Offences against a person

These may include assault, stalking, sexual offences and conduct involving injury or threats. The seriousness of the allegation, the harm caused and the surrounding circumstances can affect the charge and court process.

A lawyer handling this work may need to examine medical evidence, witness accounts, recordings and the wider context of the alleged conduct.

Property and financial offences

Property offences include theft, robbery, burglary, receiving stolen property and criminal damage. Fraud and financial matters may involve deception, identity misuse, false documents or the improper use of business funds.

These cases can rely heavily on financial records and electronic communications. A lawyer with relevant experience will know which transactions and documents require close examination.

Drug offences

Drug cases range from possession and cultivation to supply, trafficking and importation. The substance, quantity, alleged purpose and jurisdiction can all influence how the matter is prosecuted.

Evidence may include searches, surveillance, phone records, laboratory results and alleged admissions. Serious supply or trafficking allegations may proceed through a higher court.

Traffic and driving offences

Criminal traffic matters can include drink or drug driving, dangerous driving and driving while disqualified. They may also involve conduct causing injury or death.

The consequences can extend beyond a fine. Depending on the offence and jurisdiction, a person may face licence disqualification, a criminal conviction or imprisonment.

The type of offence can shape the court process, possible penalties and whether a barrister may be needed. Check that the lawyer has recent experience handling the specific charge you’re facing.

When should you contact a criminal defence lawyer?

Criminal advice is most useful before you make decisions that may affect the case. This can be well before the first court date.

Contact a criminal defence lawyer after:

• An invitation to attend a police interview
• An arrest or formal charge
• Receipt of a court attendance notice or summons
• Confirmation that you are under investigation
• The seizure of property or electronic devices
• A request to consent to a search
• Refusal of bail or restrictive bail conditions

Police contact doesn’t always result in charges. Even so, a lawyer can explain what the request means and the possible consequences of responding.

When requesting quotes, provide the type of allegation, court location and current stage of the matter. This helps you compare lawyers who regularly handle similar cases rather than relying on a broad claim of criminal-law experience.

How much does a criminal lawyer cost in Australia?

Criminal defence solicitors in Australia generally charge between $300 and $800 per hour including GST, depending on their experience, location and the complexity of the matter.

Some defined stages are offered for a fixed fee. A first-mention appearance may cost around $550 to $1,650 including GST. A minor Local Court guilty plea may cost approximately $880 to $1,980, while a plea for a summary offence may range from $1,650 to $3,850 including GST.

A one-day contested Local Court hearing may cost approximately $3,300 to $7,700 including GST in solicitor fees. District or Supreme Court matters can cost considerably more, particularly when a barrister, expert evidence or a lengthy trial is involved.

A contested District Court trial may exceed $50,000 including GST once solicitor fees, barrister fees and disbursements are included.

These figures are general market guides rather than guaranteed quotes. The final amount depends on the charge, evidence, number of appearances, plea, court level and whether a barrister or expert is required.

How are criminal-law fees charged?

A lawyer may charge:

• A fixed fee for a defined stage
• An hourly rate
• A staged fee as the case progresses
• A combination of fixed and hourly fees

Conferences, preparation, court appearances, barrister fees and expert reports may be billed separately.

Before committing, ask for a written costs agreement explaining:

• Which stage of the case is covered
• Whether court appearances are included
• How additional preparation is charged
• Whether barrister and expert fees are separate
• What happens if the case proceeds further

A quote for a first appearance won’t necessarily cover later negotiations, a defended hearing or a trial.

Bark’s criminal defence lawyer cost guide provides a fuller breakdown of hourly rates, fixed fees, court levels and possible disbursements.

What other costs might apply?

Depending on the case, additional expenses may include:

• Barrister brief and appearance fees
• Medical or psychiatric reports
• Forensic expert reports
• Interpreters
• Court transcripts
• Private investigators

Ask for an itemised estimate showing which figures include GST and which expenses may change as the case progresses.

Can you get legal aid for a criminal case?

Each state and territory has a legal aid commission with its own eligibility rules. The assessment commonly considers the applicant’s financial position, the type and seriousness of the case and whether assistance is justified.

Duty lawyer services may also be available for some first appearances, bail applications and pleas. The help offered differs between courts and jurisdictions.

People in NSW can check current services and application requirements through Legal Aid NSW. In other jurisdictions, contact the relevant state or territory legal aid commission.

Some private criminal lawyers offer an initial discussion without charge. Confirm how long the appointment lasts and what advice it includes before booking.

How do you choose the right criminal lawyer?

Relevant experience should carry more weight than a broad professional title. A solicitor who mainly handles property work may have little recent experience in criminal court.

Ask how often the lawyer handles your type of allegation and which courts they regularly attend. You should also confirm who will manage the file and appear in court.

A useful first conversation should cover:

• Recent experience with similar charges
• The likely stages of the case
• Who will conduct the court appearances
• Whether a barrister may be required
• What the initial quote includes
• How updates will be provided
• Which risks and possible outcomes need consideration

A lawyer can explain the available pathways, but no reputable professional should guarantee an acquittal, withdrawal or particular sentence.

Final thoughts

A criminal defence lawyer and a general solicitor share the same underlying profession, but their practical experience may be very different. A general solicitor may suit property, business, estate or family matters, while police contact, bail or criminal charges usually call for current defence experience.

Seek advice before participating in a police interview, entering a plea or making another decision that could affect the case. The sooner a lawyer reviews the allegation and available evidence, the more clearly they can explain your position and next steps.

When you’re ready to speak to someone, review the experience of criminal defence lawyers near you and request quotes based on your charge, court and current stage of proceedings.