FACING CRIMINAL CHARGES?
You’ve come to the right place. Whether you are being investigated by police or have been detained or arrested and are potentially facing criminal charges or have been charged for a crime against a person, a crime against property or any other offences including traffic we will defend and protect your rights every step of the way. But you need to act quickly.
A police station or a watch house is an isolated and lonely place and you are at the mercy of an environment outside your control. You don’t know what to do. We do…..help is just a telephone call away. Whether it’s advising you of your rights, attending a record of interview with you, making an application for bail or standing beside you throughout the court process call us. If you are unable to call us yourself ask the arresting officer or watch house keeper to do so for you and insist that they do.
ARREST OR DETENTION BY POLICE
It’s important that you be aware of your rights.
You do not have to speak to police. You have a right to remain silent. The only information you must provide is your name, address and date of birth and your driver’s licence details if the offence is related to a traffic matter. Remember, you should speak to us BEFORE you answer any questions asked of you by a police officer other than to state your name, your address and your date of birth. This advice to remain silent also extends to what might appear to be just friendly banter offered to you by a police officer during the ride back to the police station or at the police station. If you feel that you have things to say that might assist police to exclude you from their investigation then you can still take up that opportunity AFTER you have spoken to us and we have advised you appropriately. DO NOT delay in making contact with us so that we can speak to you and advise you fully.
Remember, be respectful at all times to police officers. While you have been detained you are in their custody and remain at their mercy. You are not going to achieve anything by insulting them swearing at them, abusing them or resisting them. In fact you expose yourself to further charges in doing so.
The watch house keeper is in charge of the individuals in his or her custody. Quite often, after arrest and charge, a watch house keeper will grant you bail from the watch house. This depends on a number of factors including but not limited to the seriousness of the charge, any risk factors that might be present in a grant of bail and also the views of the arresting officer. If bail is refused in the Magistrates Court, we will either prepare a bail application to a higher court, or make further application at the conclusion of the committal stage of the Magistrates Court proceedings. (Some exceptions apply such as where an offence carries a mandatory sentence, if convicted, of life imprisonment) We can prepare the application for bail and appear for you to meet any objection. Some objections are more serious than others. Some can be easily overcome some cannot. Remember, we don’t choose the facts we are presented with in acting for you, nor do we choose your personal antecedents or history. If bail is refused in the Magistrates Court, we will either prepare a bail application to a higher court or at the end of the Magistrates Court proceedings.
We are Legal Aid Queensland preferred suppliers and depending on your financial circumstances we can apply for a grant of legal assistance for you. The success of any application for a grant from Legal Aid Queensland is subject to many variables but we are usually successful in obtaining a grant.
We also act for clients on a private basis and are happy to negotiate our fees with each client based on their circumstances. When we act on behalf of a client privately in a criminal law matter we do require funds to be paid into our trust account in advance.
The important thing to remember is that whether you are legally aided or privately paying us for our services you get the same high quality care and representation.
If you need our assistance please follow this link.