Yes - it is important to seek advice early from a leading Brisbane criminal 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.

It is critical to first seek urgent advice from a criminal defence lawyer before speaking to the police.

This is because there is no such thing as an ‘off-the-record’ conversation. Anything you say can be used against you.

Often, the police will call you, send to you an email, or leave a card at your home without giving much information about what they want to speak to you about. Instead of you speaking directly to the police, our criminal lawyers can call the police for you, to ask them for more information. We can then assist you with an interview, or more likely, decline an interview on your behalf.

After this, the police will either commence charges, not proceed, or require more time.

There are only very few sitautions where giving an interview will help. In most cases, the police are likely to charge you anyway, whether you speak or not. However, by answering questions, you may be giving them more information to use against you as evidence in the case later. Early advice from an experienced Brisbane criminal lawyer is crucial before speaking to the police.

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 from our Brisbane criminal lawyers early and before answering any questions.

In Qld, bail allows a person charged with a criminal offence to remain in the community while their case is ongoing. Bail can be granted by police after arrest or by a court if police bail is refused.

Whether bail is granted depends on factors such as:

• The seriousness of the offence

• Any criminal history or prior breaches of bail

• The risk of failing to appear in court

• The risk of committing further offences or interfering with witnesses

For more serious charges, an application for bail must be made in court and may involve strict conditions.

Our Brisbane criminal lawyers have consistently successfully argued bail applications through strategies such as preparing affidavits from family of strong support, offering a surety, arranging an alternative bail address, and considering conditions to reduce the level of risk to the court.

Obtaining early legal advice is important, as a properly prepared bail application will significantly improve the prospects of release.

‘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.

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. For an estimate of legal fees for your case, call us for a confidential discussion, or visit our Legal Fees page for a list of possible fees.

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.

Most criminal cases are heard in open court, which means the media may attend and report on the proceedings. In high-profile matters, we can assist clients by working with reputation management professionals and using strategies such as keeping submissions on the court record to a minimum, and arranging alternative entry and exit from the courtroom where possible. While it is difficult to prevent publicity altogether, steps can be taken to limit its impact. One of the first measures we recommend is suspending social media accounts and removing any publicly available photographs online.

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.

Prison is possible for serious charges, such as rape, grievous bodily harm, drugs, and fraud.

Our criminal defence lawyers give you specific advice about the options after considering information such as the charge, the allegations, and any criminal history.

There may be other options to actual prison, such as a wholly suspended sentence or immediate release on parole.

These sentencing orders are a form or prison, but do not require you to actually serve time inside a correctional centre. It allows you to stay in the community under certain conditions.

If because of the seriousness of the offences, actual prison is likely, it is still critical to properly argue the least amount of time and we will prepare the best arguments for you, such as rehabiltation, remorse, good character, medical reasons, and impact of the prison sentence.

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.