If you have been charged, you should seek immediate legal advice before speaking to police or attending court. Early advice can make a difference to the outcome such as exercising your rights during the police investigation, taking steps to preserve evidence, and making submissions or negotiating with the prosecutor.

Generally, if you are questioned by the police about a possible offence, you only need to tell the police your name and address. You may also show them proof of identity if the police ask for it. Before answering any further questions, you should ask to speak to a lawyer. This is because everything you say can be used against you, whether it is electronically recorded or not.

What you say to the police early on can affect the outcome of your case. It is important to seek advice early and before answering any questions.

Yes - it is important to seek advice early from a lawyer when you are charged by the police. This is because for matters which may appear simple, there could still be serious consequences such as convictions being recorded or driving disqualification periods attached.

If after speaking with you, and the matter is in fact simple, we can advise what the likely consequences will be if you self-represent, or if there are other options available to you to finish the matter, such as by way of online pleas of guilty to save time and legal fees.

Bail is a promise to return to court when required. In exchange, you get to stay in the community while the charge is pending. Whether bail is granted depends on any criminal history of the person, the seriouness of the charge, ties to Qld, and the risk of flight or interfering with witnesses. An experienced criminal lawyer can put forward submissions for conditions such as reporting, surrender of passport, and no-contact to help alleviate risk in a successful bail application.

‘Qp9’ stands for Queensland Police Form 9, and is the initial paperwork which the police supply to the prosecutor, and they supply to us upon our request. It contains a summary by the police as to the allegations and evidence. It will summarise what the police say you did, and what their evidence is. It is not evidence, but is a summary of it. Upon reviewing the Qp9, we can give you advice about whether you should plead guilty, not guilty, or whether there are other options such as to negotiate. It is not uncommon that upon review of the Qp9, more information is required from the police before you make your decision, and we can request further material on your behalf. This can include witness statements, CCTV footage, or reports from forensic experts.

It is important to obtain the Qp9 first before you make any decisions about what to do with your case. It is the starting point for any criminal case. We can assist you in requesting the Qp9 from the prosecutor and then giving you advice.

The court will consider several factors in deciding whether to record a conviction. This includes the nature of the offence, your character and age, the economic and social impact on you if a conviction is recorded, and your chances of finding employment. It may be necessary to prepare evidence to show the court when arguing not to record a conviction. This may include your employment contract or evidence of industry registration requirements.

We will advise you through this process to give you the best opportunity to avoid a conviction.

Imprisonment may be imposed for cases involving serious crimes. We can advise you after considering information such as the charge, the facts alleged, and any criminal history. Even if imprisonment is within range as an outcome in your case, other options may include a wholly suspended sentence or immediate release on parole. These options are a prison term, but do not require you to actually serve time inside a correctional centre. It allows you to remain in the community under certain conditions. If because of the seriousness of the offences, time within a correctional centre is likely, it is important to argue the least amount of time and we will be able to prepare accordingly for you.

Depending on the case, other penalty options for the court include a good behaviour bond, a fine, probation, community service, or intensive correction orders. We will advise you what is the likely outcome in your case.

Legal fees can be calculated in several ways, such as by an hourly rate or a fixed fee. We will provide an estimate of legal fees to you at the start of the matter and can discuss with you further as to what is best in your circumstances. Other factors which affect legal fees include the nature of the charge, the court, the extent of any criminal history, whether you intend to plead guilty or not guilty, the volume of material, whether expert evidence is required, and whether a barrister is retained on your behalf.

We understand that legal fees are a practical factor in whether you may retain representation, and we will aim to work with you in coming to an agreement about payment and timeframes according to your circumstances, but without affecting the quality of preparation for your case.

There is always a risk that criminal charges may affect your employment. The impact depends on the type of work you do. For example, we have represented lawyers, doctors, nurses, engineers, accountants, and company directors where there were obligations to disclose charges or convictions. Criminal proceedings can also affect professional licences and registrations, including weapons and security licences. Our experienced criminal defence lawyers can explain these risks in detail and advise you on the best way to manage them.