Criminal Law and Traffic Offences

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


We represent clients on:

Traffic Offences

Attwood Marshall Lawyers Criminal Law Department are here to assist you in relation to traffic offences in both NSW and QLD jurisdictions. These may include:

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

Assault

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.

If you’ve been charged with assault, it’s vital that you get proficient legal advice as soon as possible.

At Attwood Marshall, our Criminal Lawyers across Brisbane, the Gold Coast and Northern New South Wales are highly specialised in this field and will be able to guide you through the process while also dealing with any relevant authorities.

Breaking, Entering, Stealing

It is an offence to break into premises or a house and steal or damage property or commit any other serious indictable offence.

If you have been charged, it is important to get legal advice as soon as possible to obtain representation and understand what possible defences are available, the court processes, what the police must prove and types of penalties that may be ordered by the court.

Drug Offences

Drug offences cover a broad range of categories including using, possessing, supplying, cultivating, manufacturing and importing prohibited drugs, as well as drug driving charges which fall under the classification of traffic offences.

Our specialised Criminal Lawyers have the knowledge and experience to assist you if you’ve 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 the most favourable result.

Fraud

Fraud involves deception or dishonesty in workplace or personal situations such as obtaining property belonging to someone else, applying someone else’s property to your own use, causing a detriment to another person, gaining an advantage for a person, and causing a person to deliver property to another.

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 of the fraudulent activity.

If you’ve been charged with fraud, contact us immediately to get an experienced Criminal Lawyer on your side.

Perverting the Course of Justice

This charge generally falls under the broader category of perjury and false statement, and 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’ve 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’s 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.

Resisting Arrest or Hindering Police

Interfering with or preventing police from doing their job is an offence in Queensland and New South Wales, and you can be charged with the offence if you resist or hinder police while they are working, or encourage someone else to do so.

The maximum penalty for a conviction is 10 penalty units or imprisonment for up to 12 months.

At Attwood Marshall Lawyers, our Criminal Lawyers appear daily in courts across Queensland and Northern New South Wales, with a proven track record of successfully defending charges of resisting, hindering or wilfully obstructing a police officer as well as minimising penalties for guilty pleas.

Robbery

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

It ranges 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.

White Collar Crime

White collar crime covers a broad range of offences including workplace offences, tax offences, Occupational Health and Safety (OH&S) offences and Commonwealth offences.

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

Attwood Marshall’s Criminal Lawyers can provide expert advice to help you understand your rights, the onus of proof, elements of offences and the conduct of jury trials to ensure you’re positioned as favourably as possible in your defence.

AVOs or DVOs

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, 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. Our Criminal Lawyers can also 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.

It is considered as a serious offence as it breaches a court order as well as threatens the safety of the person who put the order in place.

Frequently asked questions

Do I need a 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.

What information do you require?

It is important that you give fully detailed information even if you think it’s 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 likes surprises, least of all your lawyer.

The documents we require include the Court Attendance Notice with Facts 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, contact details of any witnesses, photographs and statement of your account of events are required.

Can I talk to my family/friends about my case?

Short answer…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 Snap Chat. Often those media outlets can contain information that might assist the prosecution.

Quite often people say that they were not convicted in a court, but in essence, 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 however, as a record if you are back before the court on any fresh charge. If there is to be a conviction, we like to get those which are NOT recorded.

Can a criminal record affect me if 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.

Can I appeal a court decision?

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

Should I do a Traffic Offender Program?

Yes, a traffic offender program should be completed if you receive NSW or QLD drink driving charges. Failure to do one 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 doing it.

What are the consequences of an AVO or DVO?

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, two years being quite common, and now 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.

The police want to speak to me. What do I do?

Contact Attwood Marshall Lawyers. Your call will be taken 24/7. You are required to give your name, age and address to the police. You must be cautioned about saying anything and the short answer is – say nothing and refer to your lawyer.

Contact our Department Manager

With specialised experience in criminal law and traffic offences, we will help guide you through this challenging process.

Amanda Heather

Department Manager

07 5506 8245 – 0425 260 837
aheather@attwoodmarshall.com.au

Alternatively, leave your details below and we will contact you.



Online Enquiry Form

Need to speak to a lawyer?

Please leave your details and we’ll get in touch

reCAPTCHA
Sending

Testimonials

My husband passed away immediately before Christmas 2019- everything was closed- I needed advice urgently. Contacted Attwood Marshall, was able to speak to a solicitor (out of hours) and received the information I needed. Thank you - excellent service!
Merryl K
We were very happy with the current service. Rachel was polite and friendly and made us feel secure in knowing she was there when we required help. We also appreciated Jess Kimpton's advice prior to handing us over to Rachel.
P & G Cowden
Finally we would again like to place on record our sincere appreciation for all of your conveyancing services. From our initial meeting, and then via the steady flow of emails and phone calls, we were kept fully informed every step of the way. To us as the client, that was very reassuring. We believe that you managed the whole process with professionalism and in a timely manner. You are a credit to the Organisation.
D & J Arbon
I have had dealings with Attwood Marshall for approaching a couple of decades now and have always found the service from your firm to be first class
J Barrett
All aspects of April's service to me was exemplary, professional & timely.
Geoff
Your services were above and beyond excellent, super efficient and followups were outstanding even after hours, thank you Rachel.
G Hayward
No improvement needed. Rachel was excellent.

She worked in my best interest and when at times I was stressed she explained everything to me that I could understand.

Took me through things step by step...... Rachel is a Remarkable Lady and I would have no hesitation recommending Rachel to anyone...
Nerelle S.
Dear Jeremy, I will be eternally grateful to you for all of your invaluable hard work and legal wisdom. Thank you for your professionalism, integrity, continued support and expertise. I really appreciate all of your efforts and would like to express my heartfelt gratitude to you for all the care and concern you have shown me, your analytical skills and for working tirelessly to ensure that the law worked in my favour. I cannot begin to tell you how much I appreciate the amazing legal work you did on my behalf. Thanks for prioritizing me as a client and doing everything in your power to help me win my case. I feel privileged and graced to have you as my legal counsel. With deep appreciation and sincere regards, Deborah
Deborah
As far as I'm concerned you have all been brilliant.

I have mostly been dealing with Romy Garrett and I can't fault her superb communication and organisational skills. Thank you Romy...

Also Angela Harry for the times I have phoned when Romy has not been there and Angela has known who I am the moment I give my name.

No areas that I think you can improve for me. It was a blessing finding Attwood Marshall Lawyers when I did!
Kim H.
Jess was absolutely brilliant. Managed to do the entire conveyance without one single phone call (and I'm deaf, and I'm overseas, so that was great).

I bought a house, and she managed the whole thing, without me even being in the country, sending all the documents electronically and settlement - everything! She made it easier to buy a house than to buy a pair of shoes!

ALWAYS got back to me on my questions quicker than lightning! Brilliant!
Colleen K.
To the world's best lawyers and people,

Wishing you all the very best over Christmas and a rewarding happy 2019 - you deserve it.

From a very satisfied person. I'm sure there are many like me, who speak very highly of you.
David H.
Hi Jess,

Thank you so very much for all your hard work and organisation on the selling of our apartment, I truly appreciated your help.

Whilst at times I felt anxious and stressed you did your very best to make sure all went well and we achieved the final result.

You are a great asset to Attwood Marshall, you do an amazing job.

I would like to take this opportunity to wish you a very merry Christmas and all the very best for the new year.

Thank you once again very much.

Kindest Regards
Jenny F.
You excelled beyond all expectations...Deb was so very real in acknowledging that this situation was difficult for me on a very personal level and her kindness, support and advise created in our short time of knowing each other a warm friendship. This to some may have been a simple procedure however, for me is was very difficult and Deb literally took charge of all matters to ensure that I would not have to be overly stressed in any way. She also gave further advise if other matters arose in the future, to assure me that she was there if I needed her.
Lorraine P
We were very happy with all the precise, informative information and help that Larisa gave us. Everyone we contacted in person by phone was pleasant, helpful and polite. As older people we appreciated that.
John and Moya R.
Dear Donna

When I rang to make an appointment about the estate of my late Husband, I was given Larisa Kapur, and what a wonderful team person you have. She understood my awful position which helped me, and has done everything legal to perfection. As I do not have family here on hand, they have been pleased with Larisa's help, telling me everything in a very simple way, but so understanding and very clear.

Another person who was always so bright and happy, as I certainly needed that help, was your front lady, Jeanette. Two lovely people who I will never forget.

Thank you for all your great staff.
Judy S.
Dear Jeff

Many, many thanks for your expertise and guidance during the last eleven months, which I have found, at times, extremely distressing. However, knowing that you were in my corner, made a huge difference. I will be only too happy to make use of your company’s services, should the need ever arise. I wish you all the best in the future.

- Andrea

P.S. I feel very settled and happy already in xxxxxxxxxxx all thanks to you.
Andrea F.
Dear Andrea,

I just want to say a big “Thank You” for all your hard work regarding the sale of my former home and purchase of my new unit, where I feel very “at home” already.

This year has been a difficult one for me, but with the help of you, Jeff and Jess, I have got through it and now look forward to enjoying a more peaceful life.

Thanks again
Andrea F.
"Larisa was excellent - friendly and professional with a solid knowledge of the law. It was great being able to go on Thursday night too without having to take time off work."
Anne D.
To Jeff and April Thank you for everything that you have to make our nightmare much easier to deal with. Sincere thanks
Daryl and Kathy R.
Its a good ending and we REALLY appreciate what you did for us. I know you pulled out all the stops for me and I don’t think we would have got the results without you doing so.
Joel H.
Thank you for all your time and assistance with this matter. I will be sure to recommend Attwood Marshall to any friends and colleagues about how detailed and professional you and your company is. Thanks again Mitch
Mitch A
I have always appreciated the service and concern for transactions from the 1970`s with Eric in Coolangatta office to the ladies at Kingscliff where I did my will recently. Thank you
Patricia M
Hi Jeremy
Thank you so much! Your patience and diligence helped me more than you know and I cannot imagine there being a better person to have put my faith in. Immediately I decided to give the claim fully over to you, I’ve made some excellent progress in letting go and moving forwards. Thank you!

Sincerely
Lenore
Lenore M.
Dear Jeremy,
Thank you so much for all your hard work and support throughout my case. I truly appreciate all you have done for me and hope that you and your family enjoy the holiday season. Thank you again for everything, enjoy the holidays

Warm wishes,
Fiona
Fiona C.
I am writing to commend one of your staff members, Amanda Smith. My mother and I recently met with Amanda to finalise enduring power of attorney and guardian documents. I was very pleased by the way Amanda handled our matter, and the way in which Amanda offered advice for our situation. Amanda was very professional, and ensured that we felt comfortable throughout the whole process. I will definitely be recommending the services of Amanda in our local community. Thank you, Amanda.
Brooke M
How would you rate your experience with us? Excellent Was it easy to contact the person acting for you? Yes What areas can we improve to give you better service? Nothing - Angela was brilliant at her job!
Julie B
What areas can we improve to give you better service? No areas to mention, Sarah was extremely helpful, and helped us navigate a property purchase in NSW which we had not done before.
Mary C
Hi Jeremy,
Thank you so much for yesterdays outcome, Rob and I really appreciate the way this was handled. The amount of compensation really surprised us as well as we had no expectations. I now feel confident to move forward and start with the treatments so I can put this all behind me. Please thank Zoe and Kevin Roche for their part too.
Jane L.
Your capacity to act in QLD and NSW and your knowledge of both jurisdictions is a real strength of the organisation in my view.
Kim A
To be honest the service was first class. Rachel provided me with a fantastic level of service, her attention to detail was great. Rachel also ensured my funds were transferred to my other account due to an issue with the original account details.
Craig A
Dear Ms Tolley Because of unexpected health set backs, am tardy writing this to you. However wanted to advise what professional and positive meetings I had with Ms Kapur. Her ability to strip stress from the dialogue of complicated legal terms and convert to understandable form. I so appreciated. Am not conversant with legalese. Additionally if I presented a difficult line of thought she displayed zero sense of disapproval or judgement. Rather, she may have proposed looking at topic from differing angle, and explained the reason for so doing. I regard myself as lucky to have met someone of Ms Kapur’s capabilities and warmth. Knew my best interests were her interests to work on my behalf. Hence I have knowledge and contentment that my documents are as they should be.
Janice C
Dear Jeff, I felt compelled to write and express my appreciation with regard to the way my recent litigation was undertaken by Rhiannon. Not only did she keep me informed of all the developments over the past eighteen months she was totally professional and polite at all times. I found it very refreshing at my mature age to be treated in such a respectful manner. I have nothing but praise for Rhiannon and wanted to congratulate both you and your wife for your efforts in raising such a grounded young lady.
Rhonda S
I found Larisa to be very helpful and was able to explain things easily in terms that I could understand. The process of preparing my Will was a lot easier than I thought it would be thanks to her. I also would like to make mention to the front office team, they also made you feel very welcome on arrival at the Robina Town Centre office.
K.Farr
Very helpful and was able to explain things easily in terms I could understand
Top marks to the Dream Team, Debbie and Angela and always a great welcome and service in reception from Jennifer and Kelli. I had anticipated a simple process for my legal matters, it became a very stressful situation. My matter was handled so well by an amazing team!
J Nicholson
Top marks to the Dream Team!
Hi Jeremy,
Thank you, Kevin and all the team at Attwood Marshall for all your help during the settlement process. It was much appreciated.

Kind regards,
Gregory L.
Dear Jeremy,
Thanks very much for this great outcome and for all your professional support. It has been a pleasure dealing with Attwood, everyone has been incredibly supportive, professional and great to work with, as I have found in the past.

Look after yourself and thanks.

All the Best

Kind Regards
Brian O.
Hi Jeremy,
Thank you very much for the prompt transfer of fund into Aaron's account. It has been a great journey dealing with you and Henry. We learned a lot along the way, and appreciated the guidance and advice presented to us. We wish you and Henry all the very best in your legal career and business.

Kind regards,
Michael and Aaron
Michael W.
Thank you Jeremy. I appreciate all the hard work & effort that yourself, the team have put into my case.
Jason H.
Hi Jeremy,
Thanks again for everything. It's still a bit surreal it's finally over! I'm very grateful to you, Rhiannon and Kevin for all of your patience, hard work and perseverance throughout the case. It was certainly frustrating at times but we got there in the end.

Hope you all had a fantastic holiday and wishing you all a wonderful 2017 (and be careful at the gym lol).
Naomi
Dear Amanda, Meeting you at the Red Cross day was a joy. I want to thank you for the such positive experience you created in preparing my will, which you carried out with such professionalism, kindness, and loveliness. You made it easy and comfortable, and you gave me a full sense of ownership of the process especially at completion. I wish you all the best in your career and wish you blessings for a very happy life. Kind Regards,
Mareia
Dear Jeff. I write to you as a client of Attwood Marshall since 2012, in which I made my will ,and at the time was handled at the time by Debbie Sage. I have now updated my will and this time It was handled by Amanda Smith. I Would like to commend these two ladies for their Professionalism, excellent customer skill and their ability to quickly handle the matter for me. As a retired Police Officer, I had many dealings with solicitors, lawyers and barristers, some were good and some really bad experiences especially in the courtroom. I have no doubt you set a high standard for the staff you employ at Attwood Marshall, but I feel that both Debbie and Amanda have worked well above that standard and would ask that they both be praised and recognised for their good work. I now intend to recommend these two ladies to our friends who may be in need of the services of your office.
Paul B (BANORA POINT, NSW)
Professionalism, excellent customer skill and their ability to quickly handle the matter for me.
For what we required our lawyer was excellent and informative. Amanda followed through by phone as well. It was a pleasure to see a neat and immaculate employee.
Ian T
Very satisfied with Amanda`s commitment to our overall circumstances. She explained some things we hadn't even thought about. We started using your services in 1998 and continued with wills and updating etc. We have been very happy with your services over the last 16 years - very professional!!
Robert & Gwen B
We have been very happy with your services over the last 16/14 years
Thanks Amanda. We all are very appreciative of what you and Richard have done for us. Things could have been very different without Richard’s expertise. Thanks again. Kind regards.
Bret A(NERANG, QLD)
Appreciative
Dear Rhiannon, Jeremy Roche has just completed my litigation case with Alliance. I feel very fortunate that when I made the initial phone call to Attwood Marshall I was transferred to Jeremy. From that initial call Jeremy displayed excellent communication skills as he gave me a full lengthy explanation of the claim procedure, costs and possible outcomes. Following the initial contact I felt positive and reassured. Throughout the claim Jeremy has remained communicative and easily contactable. When there hasn't been any communication I didn't have to wonder if he was doing anything as he always was remaining very organised, in fact one step ahead of Alliance anticipating their next step. When alliance employed a solicitor Jeremy even supported her. When we encountered some private matters of mine Jeremy was very respectful and kept these private.
Jennifer N (VARSITY LAKES, QLD)
Compensation Law Client / I felt positive and reassured!
Jeremy, today I received the settlement payment for my w/c claim I would like to thank both yourself and Kevin for all your hard work but most of all you Jeremy for going that extra mile. You are indeed a wonderful young man and I would like you to know that the extra effort did not go unnoticed. I look forward to working with you on this next hurdle my superannuation claim.
Donald S (SOUTHPORT, QLD)
Compensation Law Client / Changed my family`s life forever
Thank you, Jeremy. When you mentioned that your overarching intent as a firm is 'to help people', you've captured the very essence of my impression of yourselves from yesterday's meeting perfectly. I felt certain you're genuine and doing your job for the very right reasons. Sadly, many in your profession don't give this aspect the importance and priority it should have, so I'm very happy and grateful you've given me an opportunity to maximise my potential in helping Jason in this difficult situation. Have a great day! 🙂
Rosa S.
Hi Jeremy,
Once again you have delivered with exceptional professionalism. I honestly cannot thank you enough for what you have done for me and the manner and speed in which it was all handled. It has worked out really well, greatly appreciated! Thanks again Jeremy, will talk soon..

Regards,
Dan
Daniel G.
Hi Jeremy, hope you had a great Christmas and New Year. Thanks for your help .I hope I don't go through that again, but if I do I will call you .Great work thanks once again.

Regards,
Danny
Daniel S.
Hi Jeremy

My husband and I would like to sincerely thank you for all the hard and speedy work you had put into my compensation claim. You are a credit to your profession. We could not be more happy with the wonderful outcome. Would you also pass on our sincere thanks to Kevin. He certainly proved to be a valuable asset on the day of the conference and I was glad he was on my side.

I am now relieved that this is behind me and can really concentrate on getting myself fully recovered. Once again many thanks.

Warmest regards
Chrissie
Jeff & Chrissie P.
Hi Jeremy, Just giving you the bank details for the settlement money to be put into. Thank you so much for everything! You have been really helpful, I really appreciate it.
Hannah S.
Finally home, thanks Jeremy for getting me through this very difficult time, I feel like a weight is lifted and I can now get on with finding my new path in life – whatever it may be. You have been a great support and your legal advice has been spot on. Thanks also to Kevin, you both make a good team and your relationship was an asset to the case, I don’t believe that I could have achieved such a good result with anyone else, although I hope I never need you again (no offence).

Take care, all the best
Mel
Melissa