Our Criminal Law Services
Pre-Charge Advice
Proactive defence can result in charges being dropped.
It will come as a shock to find that the police wish to question you as a suspect in a criminal investigation. Guiding you through what comes next, taking steps to protect your career and reputation, whilst insulating your family from any fallout is of paramount importance.
We have a track record of intervening early in the course of an investigation through our proactive efforts persuading the police not to proceed with criminal charges.
Clients often call us because they have been questioned by police without a lawyer or represented by a duty solicitor. They are concerned, and rightly, that after the initial police interrogation their lawyers have not asked them to provide further information or considered any proactive lines of inquiry. Some lawyers believe that there is little that can be done during the police investigation stage. That is not a view we share. We take a proactive approach not a reactive one. These pre-charge inquiries are an essential part of our work.
In many of our cases our clients are in possession of evidence that may cause serious doubt on the allegations made against them. Our experience is in disclosing rebuttal evidence to the police early on in the investigation, which can often bring a swift conclusion to the matter without any charges being made.
Exculpatory evidence, in our view, should be presented at an early stage such as text messages and email evidence or fresh witness evidence overlooked by the police or video and CCTV footage and dashcam footage.
This type of information can be critical in proving that a complainant or witness may have an improper motive in making the allegation.
At times our involvement occurs after charges have been laid. In our experience this exculpatory evidence can often be presented to the police accompanied by submissions that charges should be dropped or highlighting defective or unlawful police conduct.
Getting Arrested
Being arrested can be a very harrowing experience. There are things that you can do to make it much more likely you will be released faster and get a better resolution to your case. Criminal cases can be won and lost long before they reach the court, so it’s vital that you know your rights and act with care.
Stay calm and do not resist.
We advise you to try to stay calm and remain as polite as possible, even if you consider the arrest to be unreasonable or badly handled.
Unless you believe that someone is impersonating a police officer it is essential that you do not resist as this may result in physical injury and or further charges being laid against you. Assault while resisting arrest is a serious offence in Queensland.
Remaining composed is important to ensure that you get the best outcome.
When can the police make an arrest?
Police can make an arrest with a valid warrant. Police can also arrest you without a warrant if they have reasonable grounds to suspect that a criminal offence has been, or is about to be committed, and it is reasonably necessary to:
- Stop you breaking more laws
- Find out who you are
- Make sure you appear in court
- Get or keep evidence
- Stop you from making up evidence
- Stop you from harassing or interfering with a witness
- To protect the safety of any person (including you)
- To stop you from running away
- Due to the nature and seriousness of the offence
- To hold you for questioning
Being Arrested for Questioning
If the Police suspect you have committed an indictable offence (a serious offence that can go to the higher courts) they can keep you for a reasonable time to investigate or question you about the offence. They can hold you for a period of up to eight hours, although not question you for more than four of those eight hours.
The Police can apply to a Magistrate or a Justice of the Peace to keep you for a further period. Only a Magistrate can extend the questioning for more than 12 hours.
You are being held, you still have the right to remain silent (after giving your name and address).
What Are My Rights
If you have been arrested, you should be aware of the following:
- You have the right to know that you are under arrest, and for what kind of offence. The Police must tell you this at the time of the arrest
- You don’t have a choice about going with the Police, they can force you to go with them and can use reasonable force to carry out an arrest
- If you resist arrest, you are breaking the law (unless you can prove the arrest was unlawful)
- You have the right to be taken to Court for a bail application as soon as reasonably possible
- You have the right to ask the Police for bail if you don’t go straight to Court
- If the Police wish to question you about an indictable offence (that means a serious offence that can go to the higher courts) you have the right to contact a friend, a relative or lawyer and the Police must delay questioning for a reasonable time (usually up to 2 hours) to allow this
- You have the right to remain silent. This means you can refuse to participate in a record interview. If you are a suspect it is usually best not to participate in an interview until after you have received legal advice.
Identification and Body Samples
If you are charged with a criminal offence the Police may take identifying particulars and a DNA sample from you.
These must be destroyed within a reasonable time if you are found not guilty or if the arrest or charge does not continue.
A person’s identifying particulars include:
- Palmprints
- Fingerprints
- Handwriting
- Voiceprints
- Footprints
- A photo of the person’s identifying features (for example scars or tattoos)
- A measurement of any part of the person’s body (other than genital or anal area, buttocks, or for a female their breasts)
The Police can take your identifying particulars from you at the Police station if you are arrested, or they may give you a Notice to Provide Identifying Particulars within 7 days. If you are given a Notice to Provide Identifying Particulars you will need to go to a Police station and let a Police Officer, take your identifying particulars. If you do not give those details in compliance with the Notice you may be charged with a further offence.
Identify a Police Officer
A police officer may be wearing plain clothes and if so, they must show you their identification badge.
Do I need to Give the Police My Details?
If you are approached by the police for your details, or you are arrested, you must give them your details. It is an offence to fail to provide these details or to give false details.
The police can only legally hold you for (insert time period).
Being Stopped and Questioned by Police
The police can stop and question you at any time, but you do not always have to comply depending on the circumstances.
Search of Property
Search of Person
Videoing an Arrest
It is legal to video an arrest. This could be important evidence if you plan to pursue a case of wrongful arrest against the police in the future. If you believe the police are suing unnecessary force then filing them may have a restraining effect their behaviour.
Being Cautioned by the Police
Before they arrest you, the police must caution you before taking you to a police station at the earliest opportunity.
The caution that the police will give you is “give details”.
Unreasonable Force by Police
You may be entitled to compensation if it is deemed the police officer has used unnecessary force when arresting you.
What Happens at the Police Station After Arrest
After you been arrested and arrive at the police station you will be taken into an interview room.
The following is likely to happen:
- You will be told your right
- You may be searched by a member of your own sex, if they suspect you are concealing evidence the police can even strip search you
- Your possessions will be taken from you and held until you are released
- These items may be kept once you have been released if they form part of the evidence against you
Your Rights
If you have been cautioned you should be told of your rights. These include the right to:
- Ask for a solicitor or legal counsel to provide representation
- Call someone to tell them of your arrest
- Remain silent and not answer questions
- Request medical help if you’ve been injured or unwell or are suffering from a mental health condition
- Ask of the support from an appropriate adult to help you at the police station and interviews if you are a vulnerable person or under 18 years of age
- Get an interpreter if English is not you first language
Solicitor Representation
You have the right to be represented by a solicitor even if you do not have the means to pay for one. It is crucial to have the best legal representation you can afford at this time. Having the right advise at the police station can make all the difference between being charged and avoiding prosecution and winning your case.
Criminal prosecutions can be long and drawn out and take a serious toll on the accused and cost a fortune in lost income if things go badly. It is worth someone you trust finding the highest rated solicitors you can afford, particularly at this crucial stage.
Our criminal law solicitors take a tough uncompromising, proactive approach to every case we are instructed in. Immediately on taking conduct of your case our lawyers will put themselves on record with the police and insist than any further contact with the authorities takes place through us.
Preparing you thoroughly for a police station interview, we will advise you of your rights, the strengths and weaknesses of the evidence and the best tactical and strategic approach to adopt and accompany you during and questioning.
The Police Interview
If you have been accused of a crime you will have either:
- A voluntary interview before an arrest
- An interview under caution after arrest
Before the police interview you have the right and should insist on speaking to a solicitor about your case and what you plan to say.
What to Expect During a Police Interview
The police may initially ask you more general questions to put you at ease, but this is also a tactic to get you to put your guard down.
You can expect the following during a police interview:
- To be cautioned again if you have been arrested
- The police to ask you questions
- More than one officer to be questioned
- To be told that the interview will be recorded in written form as well as audio and video.
- To be told if someone has directly accused you of committing a crime and who they are
- The questioning to take 30 minutes to 1 and a half hours
- A translator to be present if you do not speak English as your first language
- A solicitor to be on hand to advise you
You have the option to answer the allegations with the following:
- No comment, which means you are not going to answer the question
- Give your comment on account on what happened
- A prepared statement which you create with the help of a solicitor
Right to Silence
If you are accused of a crime you have the right to silence and not to answer any questions however, if you deliberately without information that will cause someone to be harmed then you may be charged with additional offences. If the case goes to court, and then you give an answer to a question in court that you refused to tell the police it may call into doubt your account.
Motor Vehicle Offences
Stopped by the Police for speeding? Blown over the Limit? Facing disqualification for accumulation of demerit point? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside Court.
Defending motoring cases is an important part of our practice. We can help with motoring offences including:
- Drink Driving
- Drug Driving
- Drunken Charge
- Speeding Offences
- Speeding Tickets
- Accumulation of Demerit Points
- Unregistered Driving
- Careless Driving
- Dangerous Driving
- Failing to Stop to Report and Incident
- Using a Mobile Phone Whilst Driving
Sexual Allegations
Our team of criminal defence solicitors are experienced sexual allegations and historic cases, ensuring you get the best defence.
It is difficult to think of anything worse than being falsely accused of sexual misconduct. The hint of an allegation can have a devastating impact on your friends, family, and business. Not just you freedom but your career and reputation is at stake.
As private lawyers specialising in cases involving professionals being accused of sexual assault, we understand the predicament facing anyone in this situation.
In many of our cases our clients are in possession of evidence that may cast serious doubts on the allegations made against them. Experience tells us that disclosing rebuttal evidence to Police early on in an investigation can bring a swift conclusion without criminal charges. This may include evidence of texts and emails proving a prior consensual relationship or video footage taken on a mobile phone of consensual sexual activity or letters from the complainant suggesting that they were in a happy and stable relationship at the time of the allegation. This type of information can be critical in proving that a complainant or witness may have an improper or ulterior motive in making an allegation.
Drug Offences
Drug offences — particularly supply or trafficking — attract severe penalties and potential imprisonment. Even possession charges are treated seriously by the courts, though in some cases rehabilitation or diversion programs may be considered. If you’ve been charged with a drug-related offence, seek experienced legal advice early. The team at Madsen Law can guide you through the process and help you work towards the best possible outcome.
Not all domestic violence is visible.
If you are experiencing harassment or domestic violence, you need to seek help urgently.
Our family lawyers can give you advice about making an application to court for protection. We know these steps are often taken in very difficult circumstances, and our family lawyers have helped clients through these stages. It is important to feel supported during this time. We are responsive in a crisis and can take immediate action.
Legally binding court orders can be made without the other person being informed of your application until after the court order has been made and served on them. These are called Temporary Protection Orders which prohibit the other person from using or threatening violence, or being abusive, harassing or pestering you.
The court can also make an order limiting and defining the occupation of your home. So for example, it can exclude the other person from the home altogether, even if he or she is the legal owner of that home.
Every case is different. Here are some of the steps we advise people in these difficult situations to think about:
- Report any incidents to the police.
- Go to your GP to document your injuries of violence or threatened violence if you have been assaulted.
- Ask a trusted friend to take photographs of any injuries.
- If abusive messages are left on your telephone or computer, then keep the messages.
- Make diary notes so that you can recall the dates and incidents.
These can all be important pieces of evidence if you decide to apply to court for protection.
Call us today on 07 3209 7744
Serious Crime
If you are suspected of a serious crime or have been arrested as part of an investigation it is vital that you find a criminal law defence solicitor as soon as possible. Madsen Law can help you through this very stressful time by providing you with first class legal guidance and support.
