Traffic & Criminal Law
If you are charged with a criminal or traffic offence, you might have to go to court. Getting advice and representation from an experienced criminal and traffic lawyer can make a big difference to the outcome of your hearing.
Driving and Traffic Offences
Many of the less-major driving and traffic offences in Queensland are dealt with by way of a fine and demerit points, which most drivers will grudgingly accept, pay and move on. Some driving offences, however, are much more serious and carry severe penalties – these can include large fines, loss of licence and/or a period of imprisonment. Examples of more serious driving offences include dangerous driving and driving under the influence of drugs or alcohol. In the most serious cases, dangerous driving or driving under the influence can result in an injury or fatality. Anyone charged with such offences should seek legal advice from an experienced lawyer as soon as possible.
Many offences also carry mandatory driving suspension periods.
If you have been charged with a driving offence to be dealt with in court, wish to dispute an offence or seek a special hardship order so that you will not be suspended from driving, call us to ensure you secure the best outcome possible.
Drug Offences
The penalty for drug offences in Queensland depends on the type and amount of drug. The penalty also varies based on whether the drug was for personal use or was being cultivated or trafficked. The most serious penalties are reserved for cultivating and trafficking the most dangerous drugs (including cocaine, methamphetamine, and heroin) in the highest quantities. Trafficking of large commercial quantities of drugs can lead to life imprisonment and very large fines. Anyone charged with a drug offence should seek legal advice as soon as possible.
Being Arrested and Getting Bail
For some criminal offences, you may be arrested by the police, at which time you will be formally charged and provided a copy of the charge sheet. Depending on the circumstances, you may be released on bail, or you may need to apply to the court for bail.
Getting bail granted means you will be released from custody while awaiting your court hearing. Bail is not guaranteed, and a court will decide whether to grant it based on factors like flight risk and the seriousness of the charges.
Bail risks include concerns that the accused person will:
- not attend court
- commit further offences
- endanger another person
- interfere with witnesses
Bail conditions may be imposed to ensure your appearance at future court proceedings and to address any potential risks. Conditions might include reporting obligations, a requirement to live at a certain address, or a condition not to associate with certain people.
Attending Court
You will need to attend court for your case to be heard. At the court hearing, you will be asked to enter a plea of guilty or not guilty. Your lawyer will guide you on the best course of action based on the circumstances of your case.
If you plead not guilty, a trial will be conducted to determine your guilt or innocence. If you plead guilty or are found guilty, the court will proceed to sentencing which may involve fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors. The court will take into consideration several factors which may include (but are not limited to) how serious the offence was and the maximum and minimum sentences that can be imposed, your role in the offence, any assistance given to law enforcement after the offence, and your criminal record. Your lawyer will typically make submissions on your behalf to help you secure the best possible outcome in the circumstances.
How can we Help with your Criminal Law Matter?
The criminal law in Queensland acts to safeguard the community and punish those who commit serious crimes. However, the system is far from perfect and some people who are charged with crimes are not guilty, and even those who have committed the acts as charged often have circumstances which reduce their culpability.
We have expertise and strong advocacy skills in criminal law and can help with a range of criminal matters and traffic violations. Our role as your criminal lawyer is to force the prosecution to prove every element of the alleged crime, and to help the court to understand the circumstances of the person who has been charged. We offer frank, no-nonsense advice and guidance in a non-judgemental space.
If you need assistance, contact [email protected] or call 0415 260 521.