Whether you will go to jail depends on whether the Police have sufficient evidence to secure a conviction against you and the type of charge you are facing.
The Criminal Code sets maximum (and in some cases minimum) penalties that can be awarded by the Court in the event that you either plead guilty to an offence or are found guilty of that offence.
A Court must take into account a whole range of factors before it imposes a jail term. For example, your past criminal history, your background and any particular circumstances that might explain your conduct, any medical conditions and any other circumstances that are often referred to as “mitigating factors”.
At the risk of stating the obvious, the more serious the charge the higher the stakes and the greater chance of a jail term being imposed. If you are facing the prospect of a Police investigation, it is important that you seek legal advice from a solicitor experienced with handling Police matters at the earliest opportunity. In our experience, the earlier we can be involved in the matter the greater our prospects of managing the critical issues and achieving a desirable result for you.