Before you talk to the police, you should speak with a solicitor to determine whether it’s in your interests to participate in a police interview. Often you have everything to lose and nothing to gain by speaking to the police, as the primary purpose of interviewing you is usually to extract evidence that can later be used by them to prove your guilt. Everything you say can be used against you. Therefore, speaking to police before obtaining advice from a lawyer is extremely dangerous.
Being charged with a criminal offence or even being a suspect under investigation can be an extremely stressful time. Seeing a solicitor as early as possible will help ensure that you understand your rights, the process and what your options are.
We can assist with the following:
→ Police interviews: we can advise you of your rights and tell you how to conduct yourself during the interview and what questions you should and should not answer.
→ Bail hearings: to give you the best chance to live freely in the community while your charges are dealt with.
→ Advice: on how you should plead, your prospects of acquittal, what the likely sentence will be and many other matters.
→ Traffic matters: If you are caught driving unlicensed or over the alcohol limit, you will face a period of disqualification from holding or obtaining a drivers license. If you have been drink driving and require a license, we can prepare the paperwork and appear in court to apply for a restricted license for you to allow you to get to work and back. If you are suspended as a result of an accumulation of demerit points we can apply for a special hardship order so that you can travel to and from work.
→ Trials: we can appear and advocate on your behalf for summary trials in the Magistrates Court. We have appeared at many criminal trials at the Richlands Magistrates Court. Richlands Magistrates Court is our local Courthouse. For more serious offences in the District or Supreme Court we will instruct a barrister to appear on your behalf. You will benefit from having two legal minds working on your case and having a lawyer who specialises in advocacy conducting the trial on your behalf.
→ Sentencing hearings: if you wish to plead guilty, we can appear for you and make submissions to the Judge or Magistrate so that you obtain the lightest penalty in the circumstances. We frequently appear at the Richlands Magistrates Court. Provided that the offence you have committed is not too serious and you do not have a bad criminal record, we can make submissions to the court so that a conviction is not recorded.
→ Appeals: If you are dissatisfied with the decision of a Magistrate at the Richlands Magistrates Court or another Court, you can apply for a rehearing under section 222 of the Justices Act 1886. We can advise you on your prospects of an appeal, prepare the paperwork for filing and make submissions to the court.
We are Legal Aid preferred suppliers for general criminal matters. You may apply for Legal Aid through our firm, particularly if your matter is in the Richlands Magistrates Court.
Legal Aid Queensland grants legal assistance when applicants meet a means test as well as a merits test.
The means test applies to the income and assets of each applicant. An applicant’s income and assets includes the income and assets of any person who usually gives or can be reasonably expected to give the applicant financial support.
Initial contributions may be levied on both income and assets. Where an applicant has both income and assets above the threshold for legal assistance without contribution, the initial contribution to be paid is the sum of the income and assets contributions.
The means test is/can be applied at any stage of the proceedings and applicants are required to keep Legal Aid Queensland advised of any change in their financial circumstances.
Sterling Law can be contacted by phone on 07 3667 8213, or by email: office@sterlinglawqld.com