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Criminal Law

In Queensland, there are 2 types of offences in Criminal Law:

  • Simple offences (or summary offences). These can include disorderly behaviour, drink driving, traffic offences and minor criminal offences. You're encouraged to seek practical advice from a criminal lawyer for a successful outcome. 
  • Serious offences, crimes and misdemeanours (or indictable offences). For example, murder, rape, drug trafficking, robbery, assault or break and enter.

The maximum penalty for an allegation of assault occasioning bodily harm is seven years imprisonment. The penalty can be increased to ten years imprisonment if the offender had, or pretended to have, a weapon or was in the company of other people with weapons. 

With the prospect of such a long prison term, it is not worth the risk of undertaking your own defence. If charged with a serious crime, seek legal representation and legal advice immediately.

Australia still has a presumption of innocence until proven guilty and it is the job of the Prosecutor and the criminal justice system to prove beyond a reasonable doubt that you are guilty.

Therefore take advantage of your right to remain silent until your criminal defence lawyer arrives at the police station. Anything a person says to the police, whether in a formal police interview or not, may be used in evidence against that person at their trial or court process. You may refuse to partake in an interview with police, however, it is an offence to withhold your name and address from police when requested.

David will also provide clear, concise legal advice on bail applications and he will fight to ensure that your bail application is granted.

Experienced Criminal Defence Lawyer

David is well respected by his peers for his thorough understanding of the criminal law and ability to provide clear, concise legal advice in his practice areas. He is available to appear in all State and Federal courts in Australia, whether Local, Magistrates, District or Supreme and is happy to represent clients Australia wide. If you have any queries or have been accused of a criminal offence: 

Contact David Cole for expert legal representation & advice.

Defending Against A Criminal Charge

How A Criminal Barrister Can Help

If yourself or a family member is facing a criminal charge or police investigation across Queensland, it is essential to speak to a Lawyer or Criminal Defence Barrister. The consequences for being convicted of a crime can result in many different outcomes such as: fines, driver’s licence disqualification, community service, negative impact on your reputation and jail time.

As an experienced and skilled Criminal Defence Barrister, David can significantly impact the outcome of your criminal case for the better. David is on your side and will work diligently to fully understand your criminal matter before providing you with legal advice or representing you in court. Your situation and legal options will be explained to you which will enable you to make informed decisions regarding your proceedings. When you have a clear understanding of your situation, David will provide you with expert legal advice and guide you toward achieving the best possible outcome in your criminal matter.

David has a comprehensive understanding of criminal proceedings and will provide you with the necessary knowledge and representation to reduce the charges or persuade the Court to impose a lesser sentence.

Do I need a solicitor or barrister? As a barrister, David is able to represent you in a Local, Supreme or Magistrates Court. Solicitors generally don't appear in court but advise a client about their legal problem. A solicitor can appear in court but generally they will have a barrister handle court appearances for their client. David is able to both appear in court for a solicitor or he can provide expert advice on your matter directly.

For a devoted, local Criminal Lawyer with ample practical experience in court, contact David Cole on (07) 5630 4000. David is also available for representation and counsel throughout Queensland and NSW in the Tweed Heads, Sunshine Coast, Cairns, Townsville, Mackay, MaryboroughGladstone and Proserpine regions.

Criminal Charges & Police Investigations

Criminal investigations can occur suddenly and carry with them serious implications and/or lifechanging consequences. If you are placed under arrest, it is important to exercise your right to remain silent.

Whilst remaining silent, ensure that you comply with the police by sharing your name and contact details if asked and avoid obstructing the police. However, do not answer any other questions, make any statements or say anything until you have had the opportunity to contact a Criminal Lawyer or Barrister and obtained legal advice. It is also important to be aware that you are not required to participate in interviews with the police.

An experienced lawyer can provide you with criminal law advice over the phone about your situation and you can use this new information to help you decide what is appropriate to say to the police and what is not. 

For immediate assistance dealing with a police interview or investigation in Queensland or NSW, contact David Cole now on 0407 322 955.

If you require expert representation at a Local, Magistrates or Supreme Court or advice about your criminal matter, contact David through the website or call (07) 5630 4000.

Have you been charged?

To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David.

Use the contact form or call now on 0407 322 955. (Available 24/7)

Contact David

Frequently Asked Questions

Do I have to give police my fingerprints or DNA?

In Queensland, the Police Powers and Responsibilities Act gives the police the right to obtain your fingerprints or DNA under certain circumstances.

If you refuse to cooperate, the police are allowed to use reasonable force to obtain them.

The police can take your fingerprints and DNA when you have been charged with an offence which carries a maximum penalty of one year’s imprisonment or more.

The police can also take a person’s fingerprints and/or DNA if a court has made an order that they may do so (Section 471). If this occurs, the police may detain the person in order to obtain their fingerprints or DNA.

If there are no charges laid against you, the police are obligated to destroy your fingerprints (usually within 6 months time.)

Will I have to accompany the Police to the Police Station for Questioning?

The Police will only be able to take you to the Police Station for questioning if you are under arrest. It is important to be aware that you are not required to participate in interviews with the police.

You should exercise your right to remain silent and contact a Gold Coast Criminal Lawyer or Criminal Barrister to obtain legal advice.

What does a criminal lawyer do?

Criminal defence lawyers work to defend individuals, organisations and entities who have been charged with a crime.

Engaging a criminal lawyer ensures your rights are protected, you are fairly treated and that the principles of law that protect everyone are upheld by police and courts.

What is the difference between a barrister, solicitor and lawyer?

The term ‘lawyer’ is an overarching term which includes both solicitors and barristers. If someone is a Lawyer, it means they have had the required legal training which permits them to give legal advice.

Solicitors can provide general legal advice across a wide variety of legal issues, but they are not able to represent you in court unless they hire and instruct a barrister.

Barristers are experts in specific areas of law and are able to represent you in court. A barrister spends much of their professional time representing individuals and businesses in court.

Do I have to answer questions from the Police?

If you are approached by a Police Officer you are only required to provide your name and current address to the Police.

If you are in a vehicle, you must produce your driver license. If you are a child, you will be asked for your age.

You do not have to answer any other questions from Police or provide them with any further information and you should avoid obstructing the police.

Do I have to take part in an identification parade if asked by Police?

The police may ask you to participate in an identification parade, also known as a line-up.

You do not have to agree to participate in a line-up and should seek legal advice from a criminal defence lawyer if asked by Police.

Are Police allowed to search me?

Police are only allowed to search you if they have reasonable grounds or if you are under arrest.

Reasonable grounds include if you are suspected of carrying drugs or weapons.

Do I have to speak in court?

You only have to speak in court if you are to give evidence from the witness box.

As an experienced criminal lawyer I will handle all speaking in court. Allowing unexperienced persons who are unfamiliar with court procedures to speak may put the case at unnesseccary risk. 

 

The information supplied in the FAQ section is intended as a guide only. It is not a substitute for proper informed legal advice.