Criminal Law & Traffic Offences

If you have been charged with a criminal offence or traffic offence, our Criminal Law team can provide you with prompt advice. With offices conveniently located at Coolangatta, Kingscliff, Robina Town Centre and in Brisbane City, you can visit us at a location near you.

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Our specialty areas include:

We are here to assist you if you have been charged with a traffic offence in either New South Wales or Queensland. These may include:

  • Driving under the influence of drugs or alcohol
  • Driving whilst suspended, disqualified or unlicensed
  • Negligent and dangerous driving
  • Licence appeals (speeding, demerit points)
  • Other major traffic offences
  • Applications for work licences or special hardship licences

If you have been charged with assault, it is vital that you get proficient legal advice as soon as possible.

An assault charge can cover a wide variety of offences from common assault and intent to cause grievous bodily harm, to aggravated assault, assault causing death and assault in self-defence.

The consequences of an assault conviction can vary from a fine, a good behaviour bond or a community service order to periodic detention or a prison sentence for more serious offences.

Our expert Criminal Lawyers can guide you through the process and assist you with dealing with relevant authorities.  

If you have been charged with breaking, entering or stealing, it is important to get legal advice as soon as possible to obtain representation and understand what possible defences are available to you. An experienced lawyer will be able to help you understand the court processes, what the police must prove and the types of penalties that may be ordered by the court.

Robbery comprises of several offences including armed robbery, aggravated armed robbery, robbery with wounding, armed robbery in company, robbery in circumstances of aggravation and demanding property with intent to steal.

It can range from minor offences resulting in a fine or good behaviour bond, to more serious offences carrying a maximum penalty of up to 14 years’ imprisonment.

Defending a robbery charge requires a dispute about the circumstances in which the alleged victim handed over the property. Professional legal counsel is imperative to ensure the best chance of success in fighting the charge or obtaining a lesser penalty.

Our specialised Criminal Lawyers can assist you if you have been charged with a drug offence in Queensland or New South Wales. We work closely with you to ensure all the facts of your case are considered, in order to handle the authorities related to your matter on your behalf and reach a favourable result.

Drug offences cover a broad range of categories including using, possessing, supplying, cultivating, manufacturing and importing prohibited drugs.

Workplace offences, tax offences, occupation health and safety (OH&S) offences and Commonwealth offences can all be considered white collar crime.

This is a complex area of law that requires lawyers with trial expertise and familiarity with the investigative processes undertaken by enforcement agencies and the police.

Our expert Criminal Lawyers can provide trusted advice to help you understand your rights, the onus of proof, elements of offences and the conduct of jury trials to ensure you are positioned as favourably as possible in your defence.

If you have been charged with fraud, contact Attwood Marshall Lawyers fraud defence team immediately to get an experienced lawyer on your side.

Fraud involves deception or dishonesty in workplace or personal situations which may involve obtaining property belonging to someone else or gaining a financial advantage by way of an act of deception. There are a wide range of potential fraudulent acts that can be considered fraud.

For fraudulent behaviour to have existed, there needs to have been an offender, a victim and an absence of control or safeguards. The penalty following a fraud conviction will depend on a variety of factors including the amount of money involved, the motive behind the offence and the length of time the fraudulent activity took place.   

A charge of perverting the course of justice generally falls under the broader category of perjury and false statement. It refers to obstructing, preventing, perverting or defeating the course of justice or administration of the law.   

There are several defences available to you if you have been charged with perverting the course of justice. In many cases an experienced Criminal Lawyer will be able to successfully negotiate a plea to a less serious offence with lesser penalties. It is vital that you seek counsel from a legal professional as soon as possible for expert advice on your prospects of a successful defence and recommendations for moving forward in court.

Apprehensive Violence Orders (AVOs) and Domestic Violence Orders (DVOs) are made by the court against a person who makes someone else fear intimidation, harassment or for their safety.

On top of the standard orders against assault, harassment, threats, intimidation and stalking, each AVO/DVO will also carry its own terms and conditions which can include preventing a person from contacting the applicant and attending their residence or work, and in some cases be required to avoid some public areas.

Our Criminal Lawyers can appear for both applicants (the person taking out the AVO/DVO where police have not issued it on behalf of the applicant) and defendants (the person the AVO/DVO is taken out against) in AVO/DVO proceedings. We will help guide you through the legal process if you are charged with breaching an AVO/DVO taken out against you.

In New South Wales, the breach or contravention of an apprehended violence order (AVO) carries a maximum penalty of 2 years imprisonment and/or a fine of $5,500. 

In Queensland, the breach or contravention of a domestic violence order (DVO) carries a maximum penalty of 3 years imprisonment or 120 penalty units (if within 5 years the respondent has previously been convicted of a similar offence) otherwise 2 years imprisonment or 60 penalty units.

FAQs

Contact our team as soon as possible by phoning 1800 621 071. This is a 24/7 hotline so your call will be taken at any time. You are required to give your name, age and address to the police. You must be cautioned about saying anything else – our general advice is to say nothing and refer to your lawyer.

Having an experienced criminal lawyer represent you before the court for any offence is vital to reduce or mitigate any penalty or imprisonment. Our criminal lawyers deal regularly with police charges and represent our clients before magistrates across New South Wales and Queensland.

It is important that you provide detailed information, even if you think it is not important. Quite often the small things are significant. Remember, your lawyer acts on the facts available, both supplied by the authorities and you. No one like surprises, and we cannot do our job properly if we don’t know all the information.

The documents we require include the Court Attendance Notice with Fact Sheet (NSW), QP9 (police summary of facts QLD) if available at the time of your consultation. Quite often they are not available until the first mention date. In addition to these documents, contact details of any witnesses, photographs and statements of your account of events are also required.

The short answer is no. You should be cautious about providing any information to anyone in relation to an active case. That person may be called as a witness against you. The last thing you want is leakage and contamination of your matter. Only private communication between yourself and your lawyer is privileged.

Once charged with a criminal offence, we suggest you stay off Facebook, Instagram, Twitter and Snapchat. Often these media outlets can contain information that might assist the prosecution.

Quite often people say that they were not convicted in a court, however, if they enter a plea of guilty then there must be a conviction and it is a question then as to whether it is recorded. If this situation occurs and somebody outside the court system asks you if you have a conviction, then you are entitled to say “no” if it has not been recorded. The details stay on the court system as a record if you are back before the court on any fresh charge. If there is to be a conviction, we aim to get these NOT recorded.

Yes, on many levels including:

  1. Travelling overseas: A criminal record may prevent you from entering certain countries. You should check with the relevant embassy before travelling. Physical violence matters and drug convictions can prevent you from entering many countries.
  2. Gaining employment: A criminal conviction can follow you around for many years. Many employers require criminal checks and have this question in their application forms.
  3. Renting property: Most landlords want to know the background of the potential tenant before accepting their application. This can include a criminal background check. People tend to be naturally cautious about someone who has a criminal record.
  4. If not a naturalised citizen and contemplating becoming an Australian citizen, it will be a requirement to satisfy that you are a fit and proper person.

When you are facing charges that can lead to a criminal record, you should always obtain legal representation to defend you at a court hearing.

Yes, either on all grounds or only as to the penalty imposed.

It is important to keep in mind that the judge can impose a harsher penalty if you try to appeal the decision.

Yes, a traffic offender program should be completed if you receive NSW or QLD drink driving charges. Failure to do a traffic offender program does not mean the penalty can be greater, but you fail to get the benefit of a lesser charge by doing so. Our clients tell us they got tremendous benefit from completing the program.

If served with either an AVO or DVO, you can consent without admission of the facts alleged in the application. The alternative is to contest, but success is never guaranteed. The period of the order can vary in NSW, usually one or two years, with two years being quite common. The period of the order is usually five years in QLD. This time can be lessened if circumstances are demonstrated as to why this should occur. Consenting to an order in either state is NOT a criminal offence, however a proven breach can carry gaol time.

Contact our Department Manager

With specialised experience in criminal law and traffic offences, and a 24/7 phoneline to help you when you need us most, we are here to guide you through this challenging process.

Amanda

Heather

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