If you have found yourself charged with a criminal offence in Brisbane, the next few days are critical in determining the direction of your case. At Donnelly Law Group, we are a criminal law practice with over 25+ years of experience defending Queenslanders at every level of court, from the initial hearing in the Magistrates Court to the trial in the District or Supreme Court. We have criminal lawyers with experience in defending charges ranging from minor drugs charges to serious charges of sexual offending.
Whatever it is, the most important thing for you right now is to understand all the options available and get the right legal advice before your next court appearance. If you’d rather discuss it all with us right now, we’re happy to offer a free consultation with our Brisbane-based criminal lawyers.
We represent clients on all types of criminal charges. Please choose the type of charge you are facing for detailed information on that charge, or read on for a general overview.
Criminal Offences We Defend in Brisbane
Our team of criminal defence lawyers in Brisbane has the expertise to handle a wide variety of criminal charges, whether you are facing a few charges or many. Our approach is tailored to the individual circumstances of your case.
Drug Offences
Drug offences in Queensland can include possession, trafficking, and all in between. The penalties can quickly escalate depending on the type and quantity of drugs involved. We defend all drug charges, including but not limited to possession of dangerous drugs, supplying drugs, producing drugs, as well as drug driving charges. Even possession charges can attract a criminal conviction that has serious implications for your work life and your ability to travel, so it is essential that your legal strategy is right from the start. We have extensive experience in defending all drug charges, from the least to the most serious. We understand how Queensland prosecutors prosecute drug charges.
Sexual Offences
Sexual offence charges have some of the most severe penalties in the Queensland justice system, ranging from sex offender registration to lengthy prison sentences. Our team of lawyers defends individuals accused of sexual assault, rape, indecent treatment of children, child exploitation material, and other sexual-related charges. Sexual offence cases are often difficult, involving credibility assessment as well as the collection of evidence, which is then followed by the defence of the case at every step by our expert team of criminal lawyers.
Assault and Violence Charges
The range of assault charges in Queensland is broad. Common assault that is heard in the Magistrates Court is vastly different to a charge of assault occasioning bodily harm or grievous bodily harm, which is heard in the District Court. We also defend charges of wounding, dangerous driving causing death or grievous bodily harm, as well as domestic violence charges. The difference in charges is largely based on the extent of harm caused, so the circumstances are very important. We analyse all aspects that need to be established by the prosecution and pinpoint their weaknesses.
Fraud
Fraud charges in Queensland can range from obtaining a benefit dishonestly to financial fraud involving hundreds of thousands of dollars. We deal with all types of fraud charges, including identity fraud, credit card fraud, Centrelink fraud, and fraud by directors of companies. These types of cases are usually paper-intensive and detailed. Our approach to fraud charges is to rip apart the paper trail presented by the prosecution to see if the facts actually support the charges.
Theft and Stealing
Stealing charges are common in Brisbane courts and vary from shoplifting to stealing by an employee and as a servant, which has harsher penalties. Even at the minor end of the scale, having a record for theft can cause difficulties with work and professional qualifications for many years. We also look at whether or not the prosecution can satisfy all the elements of proof, including intent to permanently deprive, which is more questionable than many people think.
Weapons Charges
Weapons laws are very strict in Queensland, and charges can range from having an unregistered weapon to having a knife in public, or having a weapon whilst committing another offence. It is very complicated when dealing with weapons charges as they are usually combined with other charges. We look at the way the weapon was found and whether the police have followed due procedure in searching the suspect. We also look at whether there are any defences available under the Weapons Act.
What Happens After You Are Charged in Queensland
If you are charged with a criminal offence in Queensland, you will normally be given a Notice to Appear or be granted bail with certain conditions, including the dates that you must appear in court. Your first court appearance will normally be at the Magistrates Court that is closest to the location of the alleged offence.
The time between your arrest and your first court appearance is the time when your lawyer may be able to assist you the most. It is the time when your lawyer may be able to obtain the brief of evidence from the prosecution, examine the evidence gathered by the police, and spot the flaws in the prosecution’s case, as well as build your defence. However, the clock does not stop for you to decide whether or not to proceed with your matter, and the sooner you get yourself a criminal defence lawyer, the more options you may have.
If you are granted bail, you must comply with the bail conditions that are set for you, but if you breach the bail condition, it amounts to another criminal offence, and you may be remanded in custody until your matter is resolved or decided.
How Brisbane Courts Handle Criminal Cases
Brisbane has one of the busiest court districts in Queensland. The court where your matter will be heard depends on how serious your charge is. Knowing where you are in the system will help you prepare for what is ahead.
Magistrates Court
The majority of all charges filed in Brisbane begin and end in the Magistrates Court. This includes summary offences and less serious indictable offences that can be tried summarily, such as common assault, low-range drug offences, minor theft, and many traffic offences. The guilt and sentence of an individual are decided by the Magistrate. The proceedings in this court are quicker than those in other courts. However, the results of these proceedings have significant consequences. A guilty verdict recorded in this court has the same effect as one recorded in the District Court.
District Court and Supreme Court
More serious charges are heard by the District Court or, in the most serious circumstances, the Supreme Court. These charges include armed robbery, serious sexual offences, drug trafficking, grievous bodily harm, and even attempted murder, just to name a few. Here, it’s up to the jury to decide whether or not you’re guilty, and the sentence itself is decided by the judge. There’s certainly more preparation time and a longer process when it comes to court proceedings, but the stakes are higher in these circumstances. Our criminal lawyers have experience in defending matters heard in both the District Court and the Supreme Court in Brisbane.
Meet Our Team.
Some people wait far too long before seeking legal advice after being charged, usually because they are unsure whether they need legal assistance or are concerned about the cost. This can limit options considerably.
In the early stages of the legal system, the brief of evidence may not be complete. Witnesses’ memories are fresh, CCTV has not been overwritten, and there may be other forms of evidence, such as forensic or technical evidence, that must be preserved or challenged before it is accepted as fact. A criminal defence lawyer can make requests for disclosure and assess what is lacking before the prosecution case is set in stone.
There are also practical advantages. If you’re on bail with restrictive conditions, it may be possible to vary them quickly. If there are opportunities to negotiate with the prosecution, whether that’s in relation to a charge reduction, withdrawal, or even a sentencing position, that can be done early. And if your case is going to trial, the preparation time is longer than most people imagine.
We have seen cases where clients have instructed me months after their initial charge, having already given a recorded interview with the police without any advice, or failed to comply with early disclosure obligations. All of that makes life more difficult. If you’re facing a criminal prosecution, the most useful thing that you can do right now is get advice on the facts.
Most criminal law firms in Brisbane will assign your case to one lawyer. One lawyer will handle your case from start to finish. Your case is then subject to one lawyer’s experience, one lawyer’s point of view, within one lawyer’s workload limits. It’s a system that’s okay when it works, but it has some built-in problems.
We approach things differently. At Donnelly Law Group, your file will be handled by a principal lawyer, but your defence also has the benefit of the entire team’s experience and expertise feeding into your file. What that means in practical terms is that your file will be the topic of an internal team conference, where your defence strategy is put to the test by other experienced criminal defence lawyers, ensuring that all possible angles are explored that may not be immediately obvious.
It’s an approach that’s particularly relevant in complex criminal matters, where the stakes are high. If you’re facing a serious offence, such as a sexual assault or drug trafficking, the difference between the experience and perspective of one lawyer and the team’s experience and perspective can be the difference in the direction of the entire case.
You still have one point of contact. You still have one lawyer who knows your case inside out and represents you in court. But behind that lawyer is a team that has already gone through all aspects of your defence before the prosecution even has a chance to touch it.
If police want to talk to you about a crime, you have the right to remain silent. This means that you are not obliged to answer police questions, except for telling them your name and address. This right applies whether you are stopped on the street or called into a police station, as well as if you are arrested. This right does not mean that you are admitting guilt, and the court cannot make any adverse inference if you remain silent.
If police officers show up at your property, they may request permission for searches. The legality of this action by police officers depends on their having a warrant or reasonable suspicion that triggers a warrantless search power. The action also depends on your consent. Giving consent for search waives your legal right, and so it is imperative that you be aware of your legal right before agreeing to anything.
You also have the right to contact a lawyer prior to any formal interview. If police ask you to undergo a recorded interview, it is recommended that you seek legal counsel prior to agreeing to this. What you say in a police interview has the power to be used in any legal proceedings, and once it is said, it is very difficult to take it back. Our criminal lawyers are available to assist you prior to and during police interviews in ensuring that you don’t inadvertently harm your own case.
If you’ve already talked to the police and are worried about what you’ve told them, this is something to bring to your lawyer as soon as possible. We can assess the effect and work this into your case strategy.
This is one of the first decisions people make after being charged, and it is often made in a hurry without much information or guidance. There are three options available. The first is applying for Legal Aid Queensland, or the second is seeking a private criminal defence lawyer. The third option is self-representation.
Legal Aid offers criminal defence services that are provided for free if you qualify, and the qualifying criteria involve both a means test and a merit test. There are many criminal law matters that the legal aid services cover, and the lawyers that provide the services are qualified and experienced in the field. However, the problem comes in when the matter gets complex, especially if it needs a lot of preparation time, expert reports, or if it needs too much of an individualised approach, as the amount of time that the legal aid services can provide for you is, in reality, limited. It is also worth noting that the services provided by the legal aid services involve a high volume of matters, and the lawyers are not in a position to provide as much time as they would want to for each matter.
You get more control with private representation. You get to choose your lawyer and have access to them directly. Preparation time is not dictated by the volume of cases the institution handles. If the offence is serious or the trial is complex with significant repercussions on your career or your freedom, private criminal lawyers can afford the preparation time your case deserves. It costs more, but at Donnelly Law Group, we offer fixed fees so you know exactly how much you’re paying from the onset. We also offer payment plans if you need to break the costs down.
Self-representation is technically an option, but one we’d strongly advise against across the board. The criminal justice system is an involved process, and the rules of evidence and procedure are not intuitive. While magistrates and judges will work with you somewhat if you choose to represent yourself, they cannot advise you from the bench. If you’re looking at a charge that has the possibility of resulting in a criminal conviction, the stakes of representing yourself far outweigh the cost of obtaining good legal representation.
If you are considering these options, we’re more than happy to sit down with you in a free initial consultation and provide you with honest advice on whether we are the right firm for your case.
Book a Free Consultation with Our Brisbane Criminal Law Team
FAQs.
Can I avoid a criminal conviction if I plead guilty?
In some circumstances, yes. The Queensland courts have the ability to find you guilty of an offence without recording a criminal conviction, often referred to as a section 12 order. This will vary based upon the circumstances of the offence and the individual’s criminal history, as well as the arguments put forward by your criminal lawyer. It should be noted that having experienced criminal lawyers make arguments on one’s behalf makes a huge difference.
How long will my criminal case take to resolve?
This depends on the complexity of the case as well as the court that is dealing with the case. If the charges are minor, then the case may take a few weeks to a few months if the case is before the Magistrates Court. However, if the charges are serious, then the case may take six months to over a year if the case is before the District Court or the Supreme Court, especially if the case is set down for trial.
Will I have to attend court for every hearing?
In the majority of cases in the Magistrates Court, your lawyer can represent you and you won’t need to attend court. However, there are exceptions such as bail hearings and sentencing matters, as well as trials, where you are required to attend court. If your matter is in the District or Supreme Court, then you are required to attend court for every hearing date. Your legal team will advise you well in advance if you are required to attend court.
What should I do if the police show up at my door and want to search my property?
Check if they have a search warrant. If they have, they are entitled to search for items within the scope of the warrant. If they don’t, you are not obliged to consent. Regardless, you are not obliged to hinder them in any way, and it is a good idea to call a lawyer as quickly as possible. The search itself will be used as evidence, and it is in your interest to seek legal counsel as quickly as possible.
How much do criminal lawyers in Brisbane charge?
The fees that are charged by a criminal lawyer in Brisbane vary depending on the offence and the court. They also vary depending on the complexity of the case. However, at Donnelly Law Group, we have fixed fees. This means that you are aware of the cost before you commit yourself. In addition, we have a payment plan. During the free consultation, you can ask for a quote based on the charges.
Does a criminal record affect travel, employment, or professional licences?
Yes, more than you would think. It can affect visa applications and employment prospects. It can also affect your licence to practice your profession with organisations such as the Queensland Law Society and other bodies. It depends on the nature of the offence, but one of the strongest motivations for seeking the best possible outcome, whether this is through acquittal or dismissal of charges at trial, or the avoidance of a criminal record at sentencing, is the impact of the criminal record itself.
