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:
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
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.
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 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 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.
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.
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 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 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.
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
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 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.
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.
Yes, on many levels including:
- 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.
- 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.
- 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.
- 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.
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.
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.
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.
07 5506 8245 – 0425 260 837
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