Brisbane criminal lawyers – what they do and how to choose the right one

Brisbane Criminal Lawyers – Overview

Our Brisbane criminal lawyers represent people charged with offences under Queensland and Commonwealth law including serious charges such as:

Most criminal matters begin in the Brisbane Magistrates Court and may progress to the District Court or Supreme Court depending on the seriousness of the charge and the evidence.

This guide explains what our experienced Brisbane criminal lawyers are commonly engaged for, how criminal cases progress through Brisbane courts, and what we focus on in defending serious charges in Qld.

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What charges do Brisbane criminal lawyers defend

Brisbane criminal lawyers defend a broad range of offences, from serious drug and sexual offence allegations to violence, fraud, and complex regulatory or aviation matters. How each charge is defended depends on the court involved, the strength of the evidence, and whether the matter is likely to resolve early or proceed to hearing or trial.

Lawyers defending serious charges will focus on how the prosecution case is put together, whether the evidence supports the charges, and how the matter is likely to progress through the courts. This includes considering whether charges can be challenged or reduced, whether contested proceedings are likely, and what steps should be taken early to achieve the best outcome for clients.

How criminal cases progress through Brisbane courts

Most criminal charges in Brisbane start in the Brisbane Magistrates Court. From there, a matter may:

  • Be finalised summarily by plea or dismissal

  • Proceed through a committal process

  • Be committed to the District Court or Supreme Court for trial or sentence

Early court appearances deal with bail and the disclosure of evidence. In practice, the way a case is positioned at this stage often determines whether charges are reduced, withdrawn, or contested.

Experienced Brisbane criminal lawyers know how prosecutors in Brisbane actually make decisions and how matters move through the courts, allowing them to advise whether negotiation is likely to succeed or whether issues should be contested.

What experienced Brisbane criminal lawyers focus on early

In serious matters, the first weeks are critical. Defence lawyers with regular court exposure focus on issues that are not obvious to most clients, including:

  • Whether the evidence supports the charges

  • Gaps or inconsistencies in the evidence

  • Digital evidence that has not yet been reviewed or contextualised

  • Whether bail conditions are too onerous

  • Whether alternative processes are available such as drug diversion, mediation, or negotiations

Early advice in these areas can significantly improve the prospects of a successful outcome.

Defending serious drug offences in Qld

In drug matters, police often rely on circumstantial indicators such as quantity, cash, messages, or packaging. Experienced criminal lawyers will examine the evidence to see whether it actually supports the elements of the charges such as supply or trafficking, or whether there is a lesser offence available.

In Brisbane courts, many drug cases turn on:

  • Whether possession was for personal use

  • How communications are interpreted in context

  • Whether assumptions are made without forensic support

  • The client’s role within the alleged activity

These factors often determine whether the appropriate advice is to plead guilty or to contest the charge.

How to defend sexual offences in Qld

Sexual offences, including rape and sexual assault, often depend on credibility rather than physical evidence. Brisbane criminal lawyers with experience in these cases focus on preparation, consistency, and forensic detail.

Key considerations include:

  • Changes in accounts over time

  • Communication before and after the alleged conduct

  • How consent is explored under current Qld law

  • The reliability of supporting witnesses or digital material

Applying for bail in Qld

Our Brisbane criminal lawyers who regularly appear in bail applications, have extensive experience in arguing:

  • The weaknesses in the prosecution’s case; and

  • Conditions which will mitigate the risks identified by the police, such as flight risk and interference with witnesses.

For more serious charges, it is not uncommon for a Magistrate to refuse bail, which may then require an application to the Supreme Court. In practice, prospects can be better in the Supreme Court because the court undertakes a fresh consideration of the evidence, risk factors, and proposed conditions, often with more detailed submissions and supporting material than is available at first instance.

What separates criminal defence from general practice

Not all criminal defence is equal. There is a practical difference between simply appearing in court and defending serious matters through to hearing or trial.

Our lawyers practice exclusively in criminal defence and regularly defend serious charges. As a result, we are highly experienced in:

  • Cross-examining police, experts, and complainants

  • Challenging assumptions and weaknesses in prosecution cases

  • Preparing matters for trial in the District or Supreme Court

  • Advising clients through lengthy and complex proceedings, including matters which require reputation management due to high publicity

How to choose between Brisbane criminal lawyers

When choosing a Brisbane criminal lawyer, people often consider availability and initial advice. In serious matters, additional factors matter just as much.

These include:

  • Regular appearances in Brisbane criminal courts

  • Experience with the specific type of charge

  • Experience in contesting evidence

  • Clear advice about the options and risks, not just process

  • Strategic approaches to defending complex cases

  • Expert skills in advocacy and persuasion

  • A compassionate and non-judgmental approach

You need to feel confident in the criminal defence lawyer you choose, and be able to speak openly with them about the facts of your case, your concerns, and what matters most to you.

Frequently asked questions about Brisbane criminal lawyers

Do I need a criminal lawyer before police charge me?

Often, yes. Early advice can affect whether charges are laid and how evidence is obtained.

Can criminal charges be withdrawn after they are laid?

Yes. Charges may be withdrawn or reduced if evidence is insufficient or there are gaps or inconsistencies in the evidence.

Should I plead guilty at my first court appearance?

When facing serious charges, it is important to seek early advice from a criminal defence lawyer. In most serious cases, a Magistrate would either not have jurisdiction (power) to decide your case and as such, it will need to be adjourned for you to seek legal advice and commit (transfer) it to the District or Supreme Court.

How long do criminal cases take in Brisbane?

This varies. Summary matters may resolve quickly, such as in a few weeks or months. Serious cases can take 2 years or more to finalise. This depends on the charge, the volume of evidence, the number of defendants, and complexities such as digital or DNA evidence which needs to be analysed.


Choosing the best criminal lawyers Brisbane

Call (07) 3012 6531

Our Brisbane criminal lawyers have been representing clients across Qld for serious offences for over a decade. Call now for a confidential discussion about the best strategy for your case.

Amy Soong

Amy Soong L.L.B (Hons), L.L.M, BBus (Accy), GradDipLP (QUT) is the Legal Practice Director of Ashworth Lawyers, a leading Brisbane criminal defence law firm founded in 2014. She has been exclusively practising as a criminal defence lawyer in Brisbane for over 16 years. Amy leads a team of the best Brisbane criminal lawyers for all serious and complex crimes in Qld.

This includes extensive experience in successfully defending rape and sexual violence, drugs, fraud, assaults and choking, murder, arson, extortion, kidnapping, money laundering, human trafficking, tax, and aviation offences.

Amy is admitted in the Supreme Court of Queensland and High Court of Australia. She is a Council member of the Society of Notaries in Qld and is a member of the Qld Law Society Wellbeing Working Group. She has achieved numerous recognitions including as a finalist in the Lawyers Weekly Women in Law Awards and under her leadership, Ashworth Lawyers is also recognised as Criminal Law Firm of the Year Qld (APAC Insider Australian Made Awards 2025) and Client Service Excellence Award (APAC Insider Australian Made Awards 2025).

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Choosing the best criminal defence lawyer for serious charges in Qld