Choosing the best criminal defence lawyer for serious charges in Qld
If you are facing serious criminal charges in Qld, most people start by searching for the best criminal defence lawyer in Brisbane. However, the best criminal lawyer for your case, is not always determined by advertising or rankings, but by their experience with serious charges and strategic framework to each case. There are a number of factors to look for when choosing the right criminal defence lawyer.
For example, it is critical when facing serious charges such as rape, drugs, fraud, or violent offences such as assault, choking, strangulation and suffocation, grievous bodily harm, or unlawful wounding, ensure that you choose the best criminal lawyer in Brisbane for serious ‘indictable offences’ in Qld.
These types of charges start in the Magistrates Court, but must be transferred to the District Court or Supreme Court to be dealt with. Indictable offences can usually take up to 2 years to finish, and require a specialist skill and strategy to successfully defend.
Ashworth Lawyers exclusively practice in criminal law and have been successfully defending serious indictable offences in Qld for over a combined 40 years. If you are facing charges in Qld, we are available now for strategic advice. Call us on (07) 3012 6531 or fill in our Quick Enquiry form to speak to our leading Brisbane criminal lawyers.
What to look for when choosing a criminal defence lawyer
If you are facing serious charges such as rape, child exploitation material, manslaughter, murder, drugs, fraud, coercive control, weapons, explosives, or assault, the consequences can be significant.
Convictions for these offences often carry lengthy terms of imprisonment, strict reporting obligations, and long-term impacts on employment, travel, and reputation. A specialist criminal lawyer will:
Advise the best strategic approach in your case - this may be to negotiate the charges, request further evidence, or make a no-case submission to the court that there is not enough evidence from the prosecution to continue.
Indentify gaps in the evidence - the prosecution has the onus to prove each charge beyond a reasonable doubt. This means, in most situations, you do not need to prove anything. If evidence to an element of a charge is missing, then that could be a basis to negotiate with the prosecutor to either downgrade or discontinue a charge.
Manage complex forensic and digital evidence - Serious criminal matters often involve forensic material such as:
DNA
Fingerprints
Phone data
Computer downloads
Financial records
Expert reports.
A defence lawyer can review this material in detail, identify assumptions or weaknesses in expert opinions, and, where necessary, engage independent experts to assess or challenge the prosecution evidence.
Apply to the court for rulings before trial - Many serious charges proceed through committal hearings before reaching the District or Supreme Court. A criminal defence lawyer can use the committal process to:
test the strength of the prosecution case
seek further disclosure
narrow or eliminate charges before trial
Pre-trial applications may also be required such as to argue for exclusion of certain evidence if it was improperly or illegally obtained by the police.
Argue for reduction of penalty - If the evidence is strong, then the advice may be to plead guilty. If so, a case is listed for sentence.
Our Brisbane criminal lawyers have extensive experience in preparing strong submissions to the court for a lesser penalty. This can mean the difference between prison or a suspended sentence, or a conviction being recorded or not.
Preparation can include negotiating the facts, researching comparable cases, preparing character references, obtaining medical and psychological reports, or making offers of compensation. Detailed preparation can make a significant difference to the outcome.
Prepare your case for trial - Thorough trial preparation is critical. This includes briefing the best criminal barristers in Qld, preparing a clear defence case theory, and ensuring all evidence, witnesses, and legal issues are addressed well before the trial commences.
How our criminal lawyers prepare your case
For serious criminal charges, detailed preparation is the key to winning a case. Our criminal defence lawyers work closely with the best criminal barristers in Qld, known for winning complex trials. As your legal team, we focus on detailed analysis of the evidence, careful development of legal arguments, and presenting your most compelling case to a jury. Our steps include:
Choosing the best barrister for your case
We select your barrister based on the specific demands of the case, not reputation alone. This includes careful consideration of the facts, the legal issues likely to arise, and the complexity of the evidence. Barristers come from varied professional backgrounds, and those backgrounds can be highly relevant to how a case is prepared and presented.
Depending on the matter, this may include barristers who have previously worked as Crown prosecutors at the Office of the Director of Public Prosecutions, have experience in Commonwealth criminal matters, possess expertise in digital or forensic evidence, have prior policing experience, or have professional backgrounds in tax or accounting that are particularly relevant in fraud and financial crime cases.
What is a defence case theory
A case theory is the underlying explanation of what occurred and why the evidence supports that version of events. It is not a collection of legal arguments and it is not developed in isolation. It is the framework that brings together the evidence, the legal elements of each charge, and the defence position into a single, logical narrative.
In a criminal trial, the prosecution advances its own case theory, explaining how the offence is said to have occurred and why the jury should accept the prosecution evidence. The defence case theory is developed in response to that position. It identifies where the prosecution account is incomplete, internally inconsistent, or unsupported by reliable evidence.
In serious criminal matters, the defence case is developed well before a trial date is set. Preparation begins by breaking down each charge into its legal elements and testing the prosecution evidence against those elements. This involves identifying precisely what the prosecution must prove, how they intend to prove it, and where the evidence falls short of that burden.
From an early stage, we analyse how the prosecution is likely to present its case, including how witnesses will be led, how forensic or digital evidence will be relied upon, and what inferences the jury will be invited to draw. That analysis is then used to identify points of vulnerability, whether arising from gaps in the evidence, inconsistencies between witnesses, forensic assumptions, credibility issues, or weaknesses in the way the prosecution case must be framed to succeed.
The defence case is developed with those issues firmly in mind. Decisions are made early about what must be challenged, what can be accepted without concession, and what evidence or explanations may ultimately need to be advanced. This ensures the defence is presented to the jury in a way that is coherent, grounded in the evidence, and persuasive.
Challenging the prosecution evidence at trial
Witness evidence is analysed in detail well before trial. This includes reviewing prior statements, identifying inconsistencies between witnesses, examining forensic assumptions, and assessing how evidence is likely to be presented to a jury. Cross-examination is prepared with a clear purpose. It is not confined to attacking credibility, but is directed toward exposing weaknesses in the prosecution case and reinforcing the defence case theory. Potential evidentiary issues are identified in advance so that objections and applications can be made promptly and decisively during the trial, rather than reacting in the moment.
Ensuring procedural fairness
Criminal trials are governed by strict procedural rules and court directions. Our criminal defence lawyers actively manage this throughout the court process, including ensuring that the prosecution comply with disclosure obligations, timeframes to respond to defence requests, expert evidence requirements, and trial timetables.
Clear communication throughout your case
Throughout the preparation process, we maintain clear and regular communication with our clients about how the case is developing, where preparation is focused, and what to expect as the matter moves toward trial. Advice is provided in a direct and practical way, including discussion of risks, strategic decisions, and likely scenarios as they arise. This ensures clients understand not only what is happening in their case, but why decisions are being made and how they affect the overall defence strategy.
Choosing the best criminal lawyers Brisbane
Our Brisbane criminal lawyers have been representing clients across Qld for domestic violence offences for over a decade. Call now for a confidential discussion about the best strategy for your case.