07 November

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Will I go to jail?

One of the first questions a criminal lawyer is often asked by a client that has been charged with a criminal offence is whether or not they will be required to spend time in custody at the conclusion of their matter. It is a fair and reasonable question to ask a criminal lawyer, however it is not always a simple question to answer. The answer which is often provided is “it depends”, and that is indeed the case. Where or not a person is required to spend time in actual custody depends on a number of factors. The first is whether...

07 November

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I have been charged with a drink-driving offence. Does the QLD Alcohol Ignition Interlock Program apply to me?

Posted by Shantelle Wallace

in Criminal Law & Offences, Traffic Law

We understand that the process of being charged with a drink-driving offence can be incredibly stressful. Not only do you need to consider the court process, but also any other consequences that may flow. Let’s consider the Queensland Alcohol Ignition Interlock Program and when it may apply to you. Does the Queensland alcohol interlock program apply to you? You will be required to complete the interlock program if you are charged and are found guilty or plead guilty to any of the following ‘high-risk’ drink-driving offences: Drive, or attempt to put in motion or be in charge of a vehicle under...

02 November

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Private Investigators in Criminal Matters

Posted by Mark Williams

in Criminal Law & Offences

For several years now, our firm has regularly hired private investigators to conduct behind the scenes work on select criminal defence matters. Private investigators play a vital role in criminal defence trials in Australia. They can help to gather evidence, locate witnesses, investigate alibis, and identify weaknesses in the prosecution's case. This information can be used to build a strong defence for the accused and increase their chances of a successful outcome. What is a Private Investigator? A private investigator, also known as a private detective, is a professional who is hired by individuals and organisations to conduct investigations and gather information....

19 October

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Mental Health Defences and the Mental Health Court

Posted by Danielle Hanson

in Criminal Law & Offences

Queensland, like many other jurisdictions, has mechanisms in place to appropriately deal with the connection between mental health and criminal offending. This can involve diverting individuals with mental health issues or intellectual disabilities away from traditional criminal courts and into mental health treatment and support programs. The Mental Health Court in Queensland has three key tasks: Determining: whether a person charged with a criminal offence was of unsound mind when they allegedly committed the offence; and/or whether the person is fit for trial; Hearing appeals from the Mental Health Review Tribunal; and Conducting inquiries into whether a person’s detention in a mental...

16 October

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Defence of Duress in Queensland

Posted by Colleen Battersby

in Criminal Law & Offences

What is the defence of duress? Section 31 of the Criminal Code 1899 (Qld) provides for the defence of duress. In certain circumstances, a person is not criminally responsible for an offence if they can show that they were ‘forced’ to commit an offence by another person. In Queensland, this defence is also referred to as ‘compulsion’. What must be proven to establish duress? An act is not unlawful if it was reasonably necessary to resist actual (and unlawful) violence threatened to the defendant, or another person in their presence. It can also be established if the defendant can show that they committed the offence because: ...

15 October

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Preparing for Your Guilty Plea – the Benefits of Character References

Posted by Sabine Keenan

in Criminal Law & Offences, Uncategorised

If you are pleading guilty to a criminal charge in the Magistrates Court in Queensland, you will have the option of providing character references to the court as part of your submissions. You are not obliged to present a reference. Nor will failing to provide one be held against you. However, they can prove beneficial to the outcome of your matter. Providing good references may assist your lawyer in highlighting positive aspects of your character, your relationships and your circumstances. Furthermore, in circumstances where your offending could be seen as ‘out of character’, references can help to distinguish you, as a person, from...

09 October

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Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

Posted by Mark Williams

in Criminal Law & Offences

Introduction The Justice and Other Legislation Amendment Act 2023 is dramatically changing the law that applies to the publication of the names of people charged with certain types of sexual offences. The legislation will take effect from 3 October 2023. Section 7 of the Criminal Law (Sexual Offences) Act 1978, deals with the naming of individuals accused of “prescribed sexual offences”. The Queensland government is seeking to reshape the way the Court system deals with sexual allegations in a way that will affect both defendants and complainants. Under the changes, people accused of sexual offences will be publicly identified unless they are granted...

02 October

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I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

Posted by Erin Mitchell

in Criminal Law & Offences

It can be very daunting the first time you are charged with an offence. We appreciate that when you have never been through the process before, there are probably a thousand and one questions going through your head, that you are stressed and need some guidance. Our lawyers are here to help you. In the meantime, we have answered five of the most common questions below. 1. Should I give a police interview (also known as a record of interview)? If a person has the opportunity to call a lawyer before they speak to Police or participate in a record of interview, they may...

26 September

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Effective Representation Results in Favourable Outcome: Client Receives Minimal Penalties for Drug Driving Offence in Rockhampton

Posted by Mark Williams

in Criminal Law & Offences

Introduction At Potts Lawyers, we take pride in providing top-notch legal representation to clients facing various criminal charges. In a recent case, our client was charged under section 79 of the Transport Operations (Road Use Management) Act 1995 for drug driving in Rockhampton. With the expertise of our experienced lawyer Mark Williams, we successfully advocated for our client's rights and secured a favourable outcome in the Rockhampton Magistrates Court. Effective Representation by Mark Williams Our dedicated lawyer, Mark Williams, was assigned to handle our client's case. With a deep understanding of traffic laws and years of experience in criminal defence, Mark diligently examined the evidence, identified...

19 September

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Offences: High-Range Drink Driving (0.270 BAC%)

Posted by Billy Gee

in Criminal Law & Offences

Solicitor: Billy Gee Court: Southport Magistrates Court Date: 2022 The Charges Our office was approached by our client, a distressed woman who had recently been charged with the serious offence of High Range Drink Driving after having produced a reading of 0.270 BAC%. Mr. Billy Gee of our office conferenced with the client, walking her through her background, the offence, and the Court process and likely outcome. Amongst her chief concerns were the period of disqualification, as well as the effect a recorded conviction might have on her employment. The Situation She worked for Queensland Health and was concerned that a recorded conviction may impede her ability...

Will I go to jail?

I have been charged with a drink-driving offence. Does the QLD Alcohol Ignition Interlock Program apply to me?

Private Investigators in Criminal Matters

Mental Health Defences and the Mental Health Court

Defence of Duress in Queensland

Preparing for Your Guilty Plea – the Benefits of Character References

Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

Effective Representation Results in Favourable Outcome: Client Receives Minimal Penalties for Drug Driving Offence in Rockhampton

Offences: High-Range Drink Driving (0.270 BAC%)

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