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Criminal Law
Your right to remain silent
You should, when questioned by the Police, only provide them with the following information:
• Your name and address
• A very clear statement that you do not wish to partake in any interview, or answer any questions, until you have sought legal advice.
It is not in your best interests to:
• take part in any tape or video record of interview, unless your solicitor is present.
• accompany the Police to the Police Station unless you are being arrested. If you are arrested, do not provide any statement or records of interview. The Police may release you on bail, or they may detain you. In any case, we should be contacted as soon as possible.
You are not required to provide any alibi.
Bail Applications
It is not necessary to remain in custody waiting charges to be heard against you. Bail (a "conditional liberty" given to a person charged with offences) may apply.
We can help with the following bail applications:
• after arrest and before court appearance.
• at first court appearance when the case is adjourned.
• after the defendant has been committed for trial or sentenced in the District or Supreme Court.
• After the trial has commenced in the District or Supreme Court.
• when the defendant is charged with murder, treason or Drugs Misuse Act offences dealt with on indictment.
• When the defendant is refused bail (or had unreasonable conditions imposed by a Magistrate).
• when the defendant is refused bail by a Supreme Court judge.
Compensation for victims of crime
Victims of crime have a number of options open to them in seeking financial compensation for offences committed upon them in Queensland.
We can help by advising you on these options:
• Sue the criminal in a civil court for personal injury and property loss.
• Seek an order for compensation from the criminal at the time of sentencing.
• Seeking compensation under the Criminal Offence Victims Act. This act provides a maximum amount of compensation payable by the State of Queensland, when the criminal does not have the financial resources to pay the victim.
Crimes Act
Most offences under the Crimes Act arise through "Social Security Fraud".
We can help by:
• clarifying fact allegations by various government departments. Often government departments will say that people have received money on many varying dates, when they weren't entitled to all or some of it. Most people do not have a clue as to what happened when and find it to be very confusing.
• negotiating with the government department to seek repayment, without criminal proceedings.
• negotiating with the Director of Public Prosecution, to reduce charges, or to engage in "plea bargaining".
• appearing in the Magistrates or District Court to conduct a trial, if a plea of "not guilty" is our instructions or to make submissions for a reduced sentence, if a plea of "guilty" is made.
Criminal Code (QLD)
This topic is too large to include any form of comprehensive coverage on this site.
Our experience in defending clients facing criminal charges ranges through all courts from:
• murder and attempted murder
• all kinds of sexual offences
• stealing (including "cattle duffing")
• obscene publications and similar "morality" offences
• driving offences
• drug offences
• regulatory offences
Driving Offences
Driving offences have very serious consequences, the most frequent of which is the lose of a drivers licence, which imposes considerable inconvenience and often significant financial lose.
We can help clients involved with the following:
• criminal charges for offences such as Dangerous Driving Causing Death.
• applications for a restricted licence (a "work licence").
• opposing driving licence disqualification.
• "Drink" driving offences.
Drug Offences
Drug Legislation, particularly of the Queensland Government, has proved to restrict the discretion of sentencing judges and clogged the court system with numerous prosecutions for relatively minor offences. All Drug offences are treated as serious by the Queensland Police.
Criminal liability in Queensland under state law is controlled by the following:
• Drugs Misuse Act
• Crimes (Confiscation of Profits) Act
• Bail Act
• Criminal Code (Qld)
Federal Law also imposes criminal liability for drug offences in Queensland under the following:
• Customs Act
• Cash Transactions Reports Act
• Proceeds of Crime Act
We have experience is these areas, and can assist.
Regulatory Offences
Regulatory Offences are not criminal offences and consist of various offences similar to stealing, false pretences, and wilful damage.
We can assist clients by:
• advising of options open to them.
• preparing submissions for them to make to a court.
• appearing on their behalf to make these submissions.
• defending regulatory offences charges.
• appeals from decisions of Magistrates.
It is not necessary to remain in custody waiting charges to be heard against you. Bail (a "conditional liberty" given to a person charged with offences) may apply.
We can help with the following bail applications:
• after arrest and before court appearance.
• at first court appearance when the case is adjourned.
• after the defendant has been committed for trial or sentenced in the District or Supreme Court.
• After the trial has commenced in the District or Supreme Court.
• when the defendant is charged with murder, treason or Drugs Misuse Act offences dealt with on indictment.
• When the defendant is refused bail (or had unreasonable conditions imposed by a Magistrate).
• when the defendant is refused bail by a Supreme Court judge.
Compensation for victims of crime
Victims of crime have a number of options open to them in seeking financial compensation for offences committed upon them in Queensland.
We can help by advising you on these options:
• Sue the criminal in a civil court for personal injury and property loss.
• Seek an order for compensation from the criminal at the time of sentencing.
• Seeking compensation under the Criminal Offence Victims Act. This act provides a maximum amount of compensation payable by the State of Queensland, when the criminal does not have the financial resources to pay the victim.
Crimes Act
Most offences under the Crimes Act arise through "Social Security Fraud".
We can help by:
• clarifying fact allegations by various government departments. Often government departments will say that people have received money on many varying dates, when they weren't entitled to all or some of it. Most people do not have a clue as to what happened when and find it to be very confusing.
• negotiating with the government department to seek repayment, without criminal proceedings.
• negotiating with the Director of Public Prosecution, to reduce charges, or to engage in "plea bargaining".
• appearing in the Magistrates or District Court to conduct a trial, if a plea of "not guilty" is our instructions or to make submissions for a reduced sentence, if a plea of "guilty" is made.
Criminal Code (QLD)
This topic is too large to include any form of comprehensive coverage on this site.
Our experience in defending clients facing criminal charges ranges through all courts from:
• murder and attempted murder
• all kinds of sexual offences
• stealing (including "cattle duffing")
• obscene publications and similar "morality" offences
• driving offences
• drug offences
• regulatory offences
Driving Offences
Driving offences have very serious consequences, the most frequent of which is the lose of a drivers licence, which imposes considerable inconvenience and often significant financial lose.
We can help clients involved with the following:
• criminal charges for offences such as Dangerous Driving Causing Death.
• applications for a restricted licence (a "work licence").
• opposing driving licence disqualification.
• "Drink" driving offences.
Drug Offences
Drug Legislation, particularly of the Queensland Government, has proved to restrict the discretion of sentencing judges and clogged the court system with numerous prosecutions for relatively minor offences. All Drug offences are treated as serious by the Queensland Police.
Criminal liability in Queensland under state law is controlled by the following:
• Drugs Misuse Act
• Crimes (Confiscation of Profits) Act
• Bail Act
• Criminal Code (Qld)
Federal Law also imposes criminal liability for drug offences in Queensland under the following:
• Customs Act
• Cash Transactions Reports Act
• Proceeds of Crime Act
We have experience is these areas, and can assist.
Regulatory Offences
Regulatory Offences are not criminal offences and consist of various offences similar to stealing, false pretences, and wilful damage.
We can assist clients by:
• advising of options open to them.
• preparing submissions for them to make to a court.
• appearing on their behalf to make these submissions.
• defending regulatory offences charges.
• appeals from decisions of Magistrates. |
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Contact Us
Speak to a Solicitor now:
Phone
07 4923 5400
Fax
07 4926 1835
Email
admin@colinfleming.com.au
Address
QTV House.
1 Aquatic Place
North Rockhampton QLD 4701
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