If you are facing a serious criminal charge in Queensland, what you do at the start of your case can affect the outcome.
Getting advice from a specialist criminal defence lawyer early can help you avoid saying or doing something that may later damage your case. It also gives your lawyer time to identify and preserve important evidence and decide what steps should be taken from the outset.
Serious criminal cases can involve police interviews, multiple witness statements, CCTV, phone and social media data, forensic or medical evidence and extensive disclosure. Building a strong defence requires a careful examination of the prosecution’s evidence, including whether there are grounds to exclude evidence such as admissions or confessions, and whether the police investigation was conducted lawfully.
The Office of the Director of Public Prosecutions prosecutes serious indictable offences in Queensland, including charges of rape, murder, serious assaults, choking, money laundering, computer crimes, fraud, torture, kidnapping, extortion, and arson.
A specialised criminal lawyer will understand Queensland criminal law and the court process.
Ashworth Lawyers is a criminal law firm in Brisbane practising exclusively in criminal defence and representing clients facing serious and complex criminal charges across Queensland.
Legal Practice Director Amy Soong is a Queensland Law Society Accredited Specialist in criminal law and leads a team of experienced Brisbane criminal lawyers for serious criminal charges in Queensland.
Why is a strong defence strategy important for serious criminal charges?
A serious criminal charge can have consequences well beyond the court case itself.
Depending on the offence and circumstances, a conviction can result in imprisonment or another significant penalty. It may also affect your employment, professional registration, ability to travel, reputation, and family.
However, being charged does not mean you will be convicted. A charge is an allegation and, where a person pleads not guilty, the prosecution bears the burden of proving the charge beyond reasonable doubt.
A strong defence strategy requires much more than reviewing the prosecution evidence and looking for inconsistencies. It requires each legal, procedural, evidential and tactical issue in the case to be identified and considered.
Ashworth Lawyers have developed and apply a Strategic Defence Framework involving a minimum 22-step process for every case. The purpose is to ensure that each available avenue is identified and considered, rather than focusing only on the most obvious issues in the prosecution case.
Depending on the charge, this includes identifying precisely what elements the prosecution must prove and the particulars relied upon; determining whether there is a legal defence available; analysing whether the prosecution case relies on direct or circumstantial evidence; and considering whether particular evidence, such as admissions, text messages, CCTV, DNA or other forensic evidence, can be challenged or excluded.
The strategy also extends beyond the evidence itself. There may be a proper basis to negotiate for a charge to be withdrawn or reduced, a question about whether the court has jurisdiction, an immunity from prosecution, or a procedural issue that materially changes how the case should be approached.
The significance of one issue will often depend on another. For example, further disclosure may expose an inconsistency that changes the way a witness should be cross-examined, supports an application concerning the admissibility of evidence, or provides a proper basis for negotiations with the prosecution.
The defence strategy should therefore be developed around the particular charge, the prosecution case and your instructions. The objective is to identify the issues that can actually affect the outcome of the case, and then determine what needs to be done, when it needs to be done and why.
Can serious criminal charges be withdrawn or reduced?
Serious criminal charges can sometimes be withdrawn, discontinued or reduced where there is a proper legal or evidentiary basis for doing so.
Once the evidence has been analysed, a criminal defence lawyer may identify problems with the prosecution case. For example, the evidence may not establish an essential element of the offence, there may be significant inconsistencies in the evidence, or the available evidence may support a different or lesser charge.
In an appropriate case, written submissions can be made to police or the prosecution seeking the withdrawal or reduction of a charge. Effective negotiations require more than simply asking for a better outcome. They should identify the evidence, law and circumstances supporting the position being advanced.
If the prosecution does not withdraw the charge and your instructions are to contest it, the focus turns to preparing the case properly for committal proceedings or trial.
When are experts used in a criminal defence?
Expert evidence can be important where a case involves an issue requiring specialised knowledge.
Depending on the charge and evidence, this may involve forensic psychologists or psychiatrists, medical practitioners, DNA or forensic scientists, digital forensic specialists, accountants or other appropriately qualified experts.
The purpose of engaging an expert is not simply to obtain another opinion because the charge is serious. There should be an identified issue on which specialised evidence can properly assist.
For example, digital forensic evidence may be important where phone or computer data is central to the prosecution case. Medical or scientific evidence may need to be independently reviewed where the prosecution relies upon an expert interpretation of injuries, DNA or other forensic material.
Knowing when expert evidence is necessary, and identifying the right questions for the expert to address, forms part of the overall defence strategy.
What should you do if you are facing serious criminal charges?
- Get advice before answering police questions. You generally have a right to silence in relation to questions about an alleged offence, subject to particular statutory requirements. Whether you should participate in a police interview should be considered before the interview takes place.
- Preserve relevant evidence. Keep text messages, emails, photographs, CCTV, social media communications and other material that may relate to the allegations.
- Do not contact the complainant or prosecution witnesses about the case. This can create additional legal and evidentiary issues.
- Get early legal advice from a leading criminal law firm Brisbane. The earlier your lawyers understand the allegations and your account, the earlier they can identify evidence that should be preserved or obtained.
Early legal advice can make the difference between winning and losing a case. It can help you avoid decisions or statements that may later damage your defence, ensure important evidence is identified and preserved, and allow a defence strategy to be developed from the start.
How do you choose a criminal law firm in Brisbane?
If you are facing a serious charge, consider the experience of the lawyers who will thoroughly prepare and conduct your case.
Ask whether the firm practises primarily or exclusively in criminal defence, whether its lawyers regularly appear in serious matters in the District and Supreme Courts, and whether they have experience defending the particular type of charge you are facing.
You may also want to consider whether the lawyer is a Queensland Law Society Accredited Specialist in criminal law. Criminal law accreditation is awarded to lawyers who have demonstrated a high level of specialist knowledge and practical skill in criminal law and successfully completed the Queensland Law Society’s rigorous specialist accreditation assessment process.
You should also understand how the firm intends to approach your case. A lawyer should be able to explain the court process, what evidence needs to be obtained and reviewed, the issues that presently appear important, and how the defence strategy will develop as further evidence becomes available.
Serious criminal proceedings can continue for years. You should know who is responsible for your case and be given realistic advice about the strengths, weaknesses, risks and available options.
When should you start building your defence?
A defence should start being prepared as early as reasonably possible, rather than waiting until a trial date is approaching.
In many serious matters, the case begins in the Magistrates Court before proceeding to the District Court or Supreme Court. During that time, the prosecution brief is obtained and reviewed, further disclosure may be requested, witnesses and evidence are considered and decisions are made about how the case should proceed.
Early preparation also gives your lawyers an opportunity to identify evidence that may otherwise disappear. CCTV may be overwritten, witnesses’ memories can fade and digital material can become more difficult to retrieve over time.
Frequently Asked Questions
Does being charged with a serious offence mean I will be convicted?
No. Being charged means that an allegation has been made against you. It is not a finding that you committed the offence.
If you plead not guilty, the prosecution must prove the charge beyond reasonable doubt. Your lawyers can analyse the evidence and advise you about the strength of the prosecution case and the available defence.
Should I speak to police if I want to explain what happened?
Get legal advice before deciding whether to participate in a police interview.
Do not assume an interview is simply an opportunity to explain your side of the story. Police may already have witness statements, messages, CCTV, phone data or other evidence that you have not seen. Anything you say during an interview may later form part of the prosecution case.
Can a criminal lawyer get a serious charge dropped?
A lawyer cannot guarantee that a charge will be withdrawn. However, where there is a proper evidentiary or legal basis, representations can be made to police or the prosecution seeking to have a charge withdrawn, discontinued or reduced.
Whether that is appropriate depends on the particular charge and evidence.
When should I contact a criminal law firm in Brisbane?
If you are under investigation or have been charged with a serious criminal offence, you should obtain advice as early as possible.
You do not need to wait for your first court date. Advice during the investigation or early court stages can help you understand your right to silence, bail, the evidence, the court process and what should be done to begin preparing your defence.
Defending serious criminal charges in Queensland
Defending a serious criminal charge requires early preparation, detailed analysis of the evidence and a clear strategy for how the case will be defended.
For serious criminal charges, that work may involve obtaining further disclosure, preserving independent evidence, challenging prosecution evidence, engaging appropriate experts, negotiating charges and ultimately preparing the matter for trial.
Ashworth Lawyers is a criminal law firm in Brisbane practising exclusively in criminal defence, with a particular focus on serious and complex criminal charges.
Led by Legal Practice Director, Amy Soong, Queensland Law Society Accredited Specialist in criminal law, the firm represents clients in serious criminal matters throughout Queensland.
If you are under investigation or have been charged, contact Ashworth Lawyers for confidential and urgent legal advice.
