Criminal Lawyers Beenleigh

Learn all about criminal law charges in Beenleigh Magistrates Court from a leading criminal lawyers Beenleigh

Criminal Lawyers Beenleigh

Thank you for visiting our website and considering if Clarity Law might be a good choice to assist you with your criminal charge in the Beenleigh Magistrates Court. We understand the stress and concern you will be feeling about the criminal offence and what will occur. We want to assure you that if you engaged us as your criminal defence lawyer in Beenleigh we will do everything we can to make sure you understand clearly what is likely to happen with your criminal charges, how much exactly you will pay for legal fees and to be there with you at Beenleigh court to take care of your criminal charges.

Engaging a good criminal law firm can be difficult, there are many great choices out there. What Clarity Law can offer is that your will have certainly of your fees as we will quote you upfront and the majority of our costs are already listed on the website. We also have the criminal law experience you need, we aren’t a firm that does criminal and other things, we just do criminal law and have done so since 2010. Everyday our lawyers are in the courts dealing with the Magistrates and Judges, negotiating with Prosecutors and assisting clients through the criminal law process. It is this experience that we can bring to your criminal charges in Beenleigh. We also understand you want a criminal defence lawyer that will communicate with you and not just take your money and not return your calls or emails.

For most offences you won’t even need to come and see us in person prior to the court date. We can often organize everything by email, telephone or video conference.  If you need criminal lawyers to help with an offence we hope you give us a call to see what we could do to help you.

 

What areas of Criminal Law do you undertake?

Assaults

There has been and remains a hardening attitude to assaults by the Queensland courts. Where once the court would have merely imposed a fine they are more likely now to impose a harsher sentence. The courts have continued to state that they will be increasing penalties for violence to act as a deterrence. You need a criminal lawyer and a law firm with extensive experience with assault charges.

Learn more about assault charges

 

Bail Applications

Bail is where a person enters a written bond committing to appear before the court to answer criminal charges made against them, promising to pay the sum of money to the court if the accused does not appear.

Learn more about bail in Queensland

 

Centrelink Fraud

Centrelink fraud is one of the most common commonwealth charges that a person can be charged with. Centrelink fraud which involves false claiming of Centrelink benefits. Centrelink fraud is a serious charge and is viewed as such by courts and prosecutors and can often result in a prison sentence being imposed.

Learn more about Centrelink fraud charges

 

DVO Breaches

The charge of breaching a domestic violence order is on the rise in Queensland. Clarity Law can provide information and guidance to someone charged or accused of breaching a domestic violence order in Queensland. The courts are imposing harsher and harsher penalties due to public pressure so act now and get legal advice to protect yourself.

Learn more about DVO Breaches

 

Drugs

A drug charge in Queensland is dealt with very seriously in the courts.  There are a wide variety of drug offences ranging from simple possession to more serious charges such as producing dangerous drugs and trafficking.  The seriousness of a drug charge depends on the drug involved, the amount of the drug and whether a person was merely possessing drugs or had an intention of selling those drugs.  

Learn more about drug charges in Beenleigh

 

Fraud

The term “fraud” covers a broad range of behaviours that fall outside the narrower offence of stealing but are nevertheless designed to deprive someone else of their property, or some interest therein. The common thread that ties these behaviours together is that they are done “dishonestly.” Fraud can also related to dishonest actions in regards to tax debts

Learn more about fraud charges

 

Making a false declaration in Queensland

According to the Statutory Declarations Act 1959, making a false declaration is a criminal offence. Section 11 of the Act states that a person must not intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is 4 years imprisonment.

Learn more about Making a false declaration in Queensland

 

Obstruct or Assault Police

The charge of assault or obstruct police is a very common charge in Queensland and one that people who otherwise have never been in trouble with police are often charged with. If the offence was committed in or near a public place then community service may need to be imposed.

Learn more about obstruct or assault police charges

 

Public Order Offences

Public order offences are intended to penalise the use of violence and intimidation by individuals or groups in criminal law. Rioting, affray, drunk and disorderly behaviour, inciting racial or religious hatred or assaulting emergency workers are examples.

 

Stalking

A charge of stalking is a very complex and serious charge under Queensland law, stalking charges are being laid by police at increasing levels.  Queensland was the first state in Australia to have stalking legislation and it has one of the strictest laws about stalking in Australia. It is an extremely complex area of the law.

Learn more about stalking charges

 

Stealing

Stealing is the term used to describe a broad range of offences in Queensland and includes the term “theft” which is widely used in other legal systems. The definition of stealing is broad enough to include many different situations from shoplifting to stealing from an employer. This is a charge where the recording of a conviction can result in serious ongoing punishment.

Learn more about stealing charges

 

Sexual offences

Sexual offences are obviously some of the most sensitive charges under the law. They can range from indecent treatment charges to sexual assault and rape. It is critical to get fast and detailed advice from a lawyer if you have been accused of a sexual offence as it is incredibly easy to say the wrong thing and that mis-statement could lead to charges being bought, bail being denied and a person found guilty even when they are not.

Qld Police RBT

Traffic Offences

We undertake all traffic offences that would lead to an appearance or court or applications for a work licence or hardship licence.

Learn more about traffic offences on our dedicated traffic lawyer website

 

Trespass

A trespass charge will arise when a person either unlawfully enters or remains in either a dwelling or place.

Learn more about trespass charges

 

Using Carriage Service to Menace or Harass

The Commonwealth Criminal Code Act 1995, section 474, creates a number of offences connected with the illegal use of phones and computers. This can range from attempting to defraud someone using a phone or computer, to intercepting phones (wiretaps), to threating or menacing another person.

Learn more about Using Carriage Service to Menace or Harass

 

Weapon Charges

Weapon offences are quite common. Then often deal with either possessing a class of weapon the person is not licenced for or involves the incorrect storage of weapons or ammunition.

wilful damage queensland

Wilful Damage

Wilful damage is a charge under section 469 of the Queensland criminal code. Wilful damage is an offence where a person intentionally and unlawfully destroys or damages any property. The maximum penalty for wilful damage is 5 years imprisonment 

Learn more about wilful damage charges

 

Wilful Exposure

Wilful exposure is an offence which arises when a person wilfully exposes his, her or their genitals in a public place, unless that person has a reasonable excuse.

A person may also be guilty of Wilful exposure if, from a private place, that is so close to a public place that it could be seen from a public place, they wilfully expose their genitals so that they may be seen from the public place, without reasonable excuse.

Learn more about wilful exposure offences

 

The police want to talk to me what should I do?

Never talk to the police without first speaking to a lawyer. One misspoken sentence could ruin your life.  Call a Beenleigh criminal lawyer immediately.

Its critically important to exercise one's right to silence when facing arrest in Queensland. There is a common tendency for individuals to willingly speak to the police, often resulting in unintended self-incrimination or harsher penalties in court. Unless your lawyer tells you differently (and they 99% of the time won’t) we strongly advise against voluntarily providing statements to the police.

In Queensland, the right to silence is enshrined in both common law and legislation. Section 397 of the Police Powers and Responsibilities Act 2000 explicitly states that a person has the right to refuse to answer questions, unless compelled by specific legislation.

There are common misconceptions about remaining silent, such as the fear of appearing guilty. Choosing not to speak to the police does not imply guilt, and no adverse inferences can be drawn from this choice. The burden of proof rests solely with the prosecution, and individuals are not required to prove their innocence.

One of the most talented and admired American judges was Robert Jackson. He was the chief American prosecutor at the Nuremburg trials of Nazi war criminals, was the US Attorney General and later a Justice of the US Supreme Court, when it came to talking to police he stated that;

"Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances"

The law provides you with powerful right, you should use it when it comes to potential police charges.

Learn more here

jacks law

Will I get locked up if I am charged?

If you are charged then the police have to give you bail unless you are in a show cause position or they believe you are too great a risk to give bail.

Bail, in its essence, is a commitment made by a defendant to appear in court on a specified date. Unlike some other jurisdictions, cash or financial sureties are rarely required in Queensland, except in cases of exceptionally serious allegations. The purpose of bail is to ensure individuals attend court proceedings and to prevent the need for every accused person to be held in custody until their case is resolved.

Police Bail and Notice to Appear

When a person is charged with an offence, the police have three options:

  1. Serve a notice to appear, which is common for traffic offences like drink driving.

  2. Grant bail, allowing the accused to be released from custody.

  3. Refuse bail and bring the accused before a court promptly.

The decision is guided by the Police Powers and Responsibilities Act and the Bail Act.

Factors Considered in Granting Bail

For police to grant bail, they must assess whether there is an unacceptable risk of:

  • Non-appearance in court.

  • Committing further offences.

  • Endangering safety or welfare.

  • Interfering with witnesses or obstructing justice.

  • Requiring custody for the accused's protection.

Several factors are taken into account, such as the nature of the offence, the accused's background, the strength of evidence, and more.

Show Cause Circumstances

In specific situations, a defendant in custody may need to 'show cause' as to why they should not be detained further. This applies when offences were committed while on bail or involve serious charges like firearm-related incidents.

Court Bail and Bail Conditions

If police refuse bail, the accused can apply for it before a magistrate in the Magistrates Court. The same criteria apply. Additionally, bail conditions may be set, including reporting to a police station, restrictions on contacts, substance use, electronic monitoring, and more.

Learn more here

 

I’ve been charged with a criminal offence what do I do first?

It’s simple, immediately call or contact a criminal defence lawyer. They can give you immediate advice on what you should do.  Criminal lawyers Beenleigh know exactly what you should do next based on years of experience.

Don’t leave things, the longer you leave contacting a lawyer the harder it is for them to get you the best outcome. If you wait then critical evidence might be lost or you might accidently contact someone you shouldn’t and your bail could be rescinded.

 

I did what the police are saying I did but I had a reason

In Queensland, a person may defend a criminal charge by relying on a defence (or combination thereof). A defence (if successful) may either:

  1. Reduce the offence charged to a lesser offence.

  2. Provide a complete defence to the charge, which results in the person being acquitted of the offence.

Here are some examples of defences against criminal charges in Queensland:

Emergency: In Queensland, the defence of emergency is contained in Section 25 of the Criminal Code 1899. This section states that a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

Provocation: A wrongful act or insult that is likely to deprive an ordinary person of the power of self-control and induce them to assault that person. The response must be sudden and proportional to the provocation. Provocation may be raised where the provocative act was directed at a person other than the defendant (e.g. a child or other family member). Provocation is a complete defence to common assault, assault occasioning bodily harm, unlawful wounding, manslaughter, and grievous bodily harm. Provocation provides a partial defence to murder.

Self-defence: A person can use reasonable force to physically defend themselves, another person, or their property. The defensive conduct must have been proportionate to the threat faced.

Insanity: A full legal defence to any criminal charge if at the time of the alleged offence, the accused was suffering from a mental disease or impairment that prevented them from understanding or controlling their actions.

Please note that this is not an exhaustive list and there are other defences against criminal charges in Queensland. If you need further legal advice, please contact a lawyer.

 

This is my first criminal charge and I’m super worried

Finding yourself facing a criminal charge can be an incredibly daunting experience. It's completely normal to feel overwhelmed and worried about what lies ahead. However, it's important to remember that you're not alone, and there are practical steps you can take to navigate this challenging situation.

A qualified criminal defence lawyer is your best ally during this time. They have the expertise to guide you through the legal process, explain your rights, and help build a strong defence or prepare for a plea of guilty.

While facing a criminal charge is undoubtedly a stressful situation, it's important to remember that you have support and resources available to you. By staying calm, seeking legal representation, and understanding your rights, you can take proactive steps towards resolving your case. Trust in the legal process and lean on those who are here to help you through this challenging time.

 

Is there anyway the charges can be withdrawn?

When facing criminal charges in Queensland, it's crucial to understand that there is often room for negotiation with the police prosecutor or the Office of the Department of Public Prosecutions (DPP). This process, known as case conferencing, aims to achieve three main objectives:

  1. Have the prosecution withdraw or drop a charge.

  2. Have the prosecution downgrade a charge to a less serious one.

  3. Have the prosecution amend the alleged facts to make them more favourable.

Negotiating with the prosecution is a nuanced process that requires skill and expertise. While individuals can represent themselves and negotiate with the prosecutor, it's always recommended to engage a lawyer due to the complexities involved. Negotiations, often referred to as case conferencing, can occur face-to-face, over the phone, or through written submissions sent by the lawyer to the prosecutor.

If a charge is successfully reduced or withdrawn, the prosecutor will seek to amend the current charges accordingly. This may lead to a dismissal of the charge, allowing the client to go free without facing any punishment.

Challenging a charge typically revolves around two grounds outlined in the prosecutors' guidelines:

  1. Insufficiency of Evidence: This pertains to whether the prosecution has enough evidence to prove the charge, or if there is evidence supporting a clear defence. Each criminal or traffic offense has specific elements that must be proven for a charge to stand. For example, in a drink driving case, the police would need to establish the defendant, being over the legal alcohol limit, drove a motor vehicle on a public road.

  2. Public Interest: This considers various factors, such as the seriousness of the alleged offense, mitigating or aggravating circumstances, the age and health of the alleged offender, and more. The gravity of the offense often influences the likelihood of prosecution.

There are instances where negotiations may be less likely to succeed. For example, it's rare for the prosecution to drop charges of breaching a domestic violence order or for charges of drink driving or drug driving to be dropped. However, negotiations may still be fruitful if it involves downgrading charges, amending facts, or dropping only some charges.

Ultimately, the decision to proceed with a submission lies with the client. If a submission is rejected, the defendant has two options: plead guilty to the charge as it stands or take the matter to trial. Pressing a submission more than once, especially if it has merit, can sometimes lead to the prosecution reconsidering.

In summary, engaging experienced Beenleigh criminal lawyer is crucial when facing charges, as negotiating with the prosecutor can be challenging, especially after failed attempts or with less experienced representation. A well-prepared submission can significantly improve a client's legal position, but it's important to rely on the expertise of seasoned legal professionals in this process.

Learn more here

Wrongly accused

I didn’t do this, what can I do?

In Queensland, as in any jurisdiction, being falsely accused of a crime can be a distressing experience.

The fundamental principles in Queensland are:

  1. Innocent Until Proven Guilty: This bedrock principle means that an accused person is presumed innocent until proven guilty in a court of law. The prosecution bears the responsibility of proving the charges through admissible evidence.

  2. The Burden of Proof: The onus lies with the prosecution to substantiate the charges against the defendant. While the defendant has the option to present evidence in their favour, they are not obligated to do so.

  3. Proof Beyond Reasonable Doubt: This standard dictates that the prosecution must establish the defendant's guilt to the extent that the jury or judge is left without any reasonable doubt about their culpability.

Interview

  • In almost all cases, it is advisable not to give an interview to the police. The experience and expertise of seasoned police interrogators can put defendants at a distinct disadvantage.
  • However, rare instances may warrant providing an interview, but this should only be done with legal advice and representation. This decision should be made after careful consideration, as it carries the risk of self-incrimination.

Negotiations

  • If charged, the next step is to negotiate with the prosecutors. This entails persuading them to drop the charges by presenting evidence of innocence or demonstrating a lack of substantial evidence.
  • Effective negotiations can be instrumental in getting wrongly laid charges dismissed.

Disclosure

  • The accused has the right to request disclosure from the prosecution, which includes all evidence related to the case, whether favourable to the prosecution or the defence.
  • Careful analysis of disclosed evidence is crucial, as it can provide a significant advantage for negotiations or trial.

Trial

  • In some cases, despite all efforts, the prosecution may persist with weak charges, necessitating a trial.
  • Trial preparation is paramount, involving the development of a comprehensive case strategy, a detailed version of the defendant's instructions, and a well-constructed case plan to exploit weaknesses in the prosecution's case.

Clarity Law focuses entirely on providing top-tier defence, ensuring every effort is made to secure a favourable outcome without the need for trial. If trial becomes necessary, our experience equips us to prepare meticulously and offer the best possible defence.

court room

What will appearing in Beenleigh Magistrates Court be like?

It will be overwhelming for people who have never been to court before.

You have been given a Notice to Appear at court for a criminal offense. You must show up to court on the date specified in the Notice to Appear. The question is, what happens on the first court date? In this post, we will outline the options you have for dealing with your matter. In short, you have three options: seek an adjournment, plead not guilty, or plead guilty. We will discuss each of these options in turn.

 

Option #1 – Ask for an Adjournment

You are not obliged to enter a plea (of either guilty or not guilty) on the first court date if you are not sure about the implications of entering a plea. You are entitled to ask the court to adjourn your matter to a later date. If you ask for an adjournment, the charge remains before the court. You will need to return to court on the later date.

The main reason why you may wish to adjourn your matter is to get legal advice. It is always a good idea to discuss your matter with a lawyer, so you understand the possible consequences of your intended course of action. Police Prosecutors and Magistrates cannot give you legal advice.

If you tell the Magistrate that you wish to get legal advice, the Magistrate will usually adjourn your matter for about 2 weeks and will (usually) grant you bail. You will be expected to have contacted a lawyer and have received advice by the time you return to court.

 

Option #2 – Plead Guilty

If you have already decided to plead guilty, you have the option to enter your plea on the first court date. For some criminal offenses, the court will finalise your matter as soon as you enter your plea. If the charges are more serious then the court might set another date for the charges to be heard or if the charges are very serious it will need to be committed to the District or Supreme Court for finalisation.

That means that, on the first date, you will be convicted, and penalties will be imposed on. These penalties take effect the moment that they are imposed.

Therefore, it is important that you are prepared for the consequences of any penalties that the court might impose.

Please also be aware that, once you have entered a plea of guilty, it is exceedingly difficult to have this plea revoked if you change your mind. It is also exceedingly difficult to persuade the court to delay imposing penalties (that is, adjourning your matter) if you suddenly realise that the penalties might be harsher than you anticipated. You should only plead guilty if you are fully prepared for the consequences and have had legal advice from a good criminal defence lawyer.

 

Option #3 – Plead Not Guilty

If you decide to fight the charge, you may plead not guilty on the first court date. By pleading not guilty, you are putting the onus on the court to decide whether you have committed the offence that the police allege you committed, or not. The only way that the court can make this decision is by means of a trial. In the Magistrates Court, a trial is referred to as a “summary hearing”.

A summary hearing involves calling evidence, listening to witnesses, cross examination, submissions from prosecution and defence, etc. This is an involved process that takes a lot of time. The court cannot go through this process on the first court date, as your matter will be listed along with lots of other peoples’ matters.

Instead, if you enter a plea of not guilty on the first date, the court will pick a date (in at least 2 months’ time, depending on how busy the court is) to hold the summary hearing and adjourn your matter. You will (usually) be granted bail and ordered to return to court to attend the hearing.

There are serious consequences for pleading not guilty and proceeding to trial, especially if you are found guilty by the court. You should only plead not guilty if you understand the case against you and you have received legal advice about your prospects of successfully defending yourself.

 

How does the court decide what the penalty will be if I plead guilty?

When a person is pleads guilty of a criminal offence in Queensland, the court will decide on a penalty or sentence. The Penalties and Sentences Act outlines the factors that the court must consider when determining the appropriate penalty or sentence. These factors include:

  • The nature and seriousness of the offence.

  • The offender’s criminal history.

  • The offender’s personal circumstances.

  • The impact of the offence on any victims.

The court may impose one or more of the following penalties:

  • Fine

  • Restitution

  • Good behaviour bond

  • Probation

  • Community service

  • Graffiti removal order (if charged with a graffiti offence)

  • Banning order

  • Intensive corrections order

  • Suspended sentence

  • Imprisonment

The type of penalty or sentence imposed will depend on the nature and severity of the offence, as well as the offender’s personal circumstances.

It is important to note that the court must follow certain guidelines when imposing a sentence. For example, the court must ensure that the sentence is proportionate to the seriousness of the offence and that it is not excessive.

 

If you need further legal advice, please contact us.

 

My main concern is the recording of a conviction

In Queensland the process of recording a criminal conviction is not automatic and involves careful consideration by the court. The court has the discretion to decide whether or not to record a conviction. This decision is guided by several factors, as outlined in the Penalties and Sentences Act 1992 (Qld).

Factors Considered by the Court

The court takes into account various factors when deciding whether to record a conviction for a criminal law matter. These include:

  1. The Nature of the Offence: The seriousness of the offence plays a significant role in the decision-making process. More severe crimes are more likely to result in a recorded conviction.

  2. The Offender’s Character: The court considers the character of the offender, including their past behaviour and any previous criminal history.

  3. The Offender’s Age: The age of the offender at the time of the offence is also taken into account. Younger offenders may be less likely to have a conviction recorded, depending on the circumstances.

  4. Circumstances of the Case: The court considers all aspects of the case, including any mitigating or aggravating factors.

 Obviously one of the main factors is how well your criminal defence lawyer explains your situation to the Magistrate.

 

Implications of Not Recording a Conviction

If an individual is found guilty or pleads guilty to an offence, but the court decides not to record a conviction, this does not mean that they have no criminal record. The individual has still been charged with breaking the law and has been convicted because either the court has found them guilty or they have pleaded guilty.

Individuals generally can say they don’t have any convictions when answering questions about their criminal history.

If a prison sentence forms any part of the sentence imposed by a court then a criminal conviction must be recorded.

 

Implications of recording a conviction

The conviction will appear on a person criminal history. This could affect:

  • A persons job or trying to gain employment

  • The inability to travel to some countries

  • The ability to get a visa to live in Australia

  • The ability to get approval to commence certain work eg in the medical field, working with children etc

Learn more about the difference between a conviction and a non-conviction

 

Duration of Criminal Records

Criminal records do not necessarily last forever. If an individual wasn’t sentenced to prison as part of their sentence or was sentenced to prison for less than 30 months, and enough time has passed without them breaking the law again since their conviction, they can generally say they have no convictions.

For Queensland offences, if an individual was convicted in the Supreme or District Court as an adult, ten years must pass before they don’t have to mention a conviction. For other cases, only five years must pass unless restitution was ordered to be paid.

The decision to record a criminal conviction in Queensland is a complex process that takes into account various factors. It aims to balance justice with rehabilitation and societal protection. Individuals should always seek legal advice as to how to

 

Can I transfer my matter out of Beenleigh court?

Maybe you have heard the Magistrates in the Beenleigh court are really tough and you might be thinking can I just transfer the charge or another court?

It might be possible to transfer a matter to another court if you are pleading guilty but you cant transfer because you think the Magistrates in Beenleigh will be too tough. Generally if you live in another area from where the alleged offence occurred you may be able to transfer the charge.

Your lawyer will be able to advise whether its possible to transfer your charge or even if it’s a good idea. Remember just because you have been told a Magistrate in Beenleigh is tough doesn’t mean its true, they might be the best choice for your charge.

 

How do I work out whether to plead guilty or not guilty

You need to talk to a lawyer.

In some cases they might be able to negotiate with the prosecutor to withdraw a charge that you were thinking of pleading guilty to.

 

What do criminal defence lawyers do?

At its core, a criminal lawyer is a legal expert specialising in criminal law. They bring to bear years of rigorous study, training, experience and refinement of skills to provide clients with the highest level of legal help for people charged with a criminal offence. Their role encompasses navigating the intricacies of the Queensland criminal legal system on behalf of their clients.

Thorough Case Evaluation

When a client seeks their assistance, the first task is to conduct a comprehensive assessment of the case. The lawyer meticulously examines the evidence, reviews witness statements, and analyses the circumstances surrounding the alleged offense. A lot of this information will be in the QP9 or full brief of evidence. This scrutiny enables them to develop a robust defines strategy tailored to the unique situation.

Protecting Clients' Rights

One of the paramount responsibilities of a criminal lawyer is safeguarding the rights of their clients. They ensure that due process is adhered to and that the client is treated fairly throughout the legal proceedings. This includes upholding the client's right to remain silent and actively seeking to prevent any potential violations.

Negotiating with Prosecutors

In many cases, negotiations with prosecutors play a pivotal role in their work. They advocate for reduced charges, plea bargains, or alternative sentencing options, all with the ultimate goal of achieving the best possible outcome for their clients.

Courtroom Representation

When it comes to the courtroom, a criminal lawyer serves as the client's staunchest ally. They present compelling arguments and information to the court to get the best outcome.

Providing Strategic Advice

Throughout the legal process, they offer invaluable guidance. This includes advising clients on whether the charges could be negotiated, informing the potential consequences of different courses of action, and ensuring clients are well-prepared for court appearances.

Emotional Support

Facing criminal charges is undeniably stressful. A key aspect of their role is to provide emotional support and reassurance. They empathise with the gravity of the situation and are there to lend a compassionate ear, aiding clients in navigating the emotional challenges that may arise.

For us we see our mission is unequivocal: to staunchly advocate for the rights of our clients, provide expert legal guidance, and tirelessly work towards the best possible outcome for each case. Clients can rest assured they are not alone in this journey. Together, we will confront challenges head-on, armed with knowledge, expertise, and an unwavering commitment to justice.

 

My criminal charge is really sensitive what can I do?

If you prefer you can email the firm’s founder Steven Brough directly on This email address is being protected from spambots. You need JavaScript enabled to view it.

withdraw DVO application

A family member has been charged can I call and discuss the situation?

Yes, please do.

We often get calls from parents, partners etc for people who have been charged especially if they are young or if bail has been denied by the police.

For accused people under 18 their charge will be heard in the Childrens Court.

If bail was denied by police or if the family member has been taken away by police then its critical to get immediate legal help to them. A lawyer can call the police station or watch house and find our what’s happening, they could attend and talk to the accused and if necessary make a bail application to the court if the police denied bail.

Learn more here

 

Will my charges be reported on?

One of the obvious concerns for people it that their criminal charge will be in the paper or on social media. The answer is a qualified "maybe."

Australia operates under the general rule of openness, a fundamental principle of the judicial system. This rule dictates that criminal court proceedings are generally open to the public and can be freely reported on. However, there are exceptions, primarily in cases involving Domestic Violence and matters concerning Children's Courts, or when children or sexual assault victims are giving evidence.

As for the likelihood of media presence, it's often hard to predict. Unless a reporter or journalist is noticeable in the court, individuals may only become aware of media coverage when they come across an article about their case.

The probability of media presence depends on various factors, such as the profile of the defendant and the nature of the charges. Cases involving offenses like drink or drug driving typically garner less media interest unless there are unusual circumstances, like involvement of a celebrity, athlete, or someone with a heightened sense of responsibility, such as a Doctor, Principal, or Lawyer.

Unfortunately, there's limited action one can take to prevent media coverage. It's generally presumed that the media has the right to report on court cases, as long as their reporting is truthful and accurate. Journalists are required to adhere to the Court reporting guide for Journalists and the Journalist Code of Ethics.

In extremely rare circumstances, the court may close to the public, including the media. This occurs in cases involving children, domestic violence matters, when a witness is giving evidence related to sexual assault, or when a confidential informant is testifying.

Learn more here

 

How much do you charge?

What your legal fees will be is very important.  Our prices are listed on our website.

If you are still unsure give us a call and we can give you a written quote. All our fees are fixed fees so you will have certainty of what you will spend.  We do not undertake legal aid funded matters.

 

FAQ’s

Can I just ring and get a quote so I can compare a number of lawyers?

Sure, we always prepare a quote for our work so we are more than happy if you compare us to other firms.

 

I’ve been told an arrest warrant is out of me and the police have come to my door

You need to get immediate legal advice - Learn more about arrest warrants

 

How am I meant to judge who the best criminal lawyer in Beenleigh is for me?

It’s hard, you can ask friends and family but many won’t know a criminal defence lawyer or maybe they do but don’t want to let you know they once needed one. The best way is study their website, their social media posts, their blog posts and most importantly their reviews.

 

Do you do legal aid?

No we don’t.

 

Do you only do matters in Beenleigh?

No, we cover all courts from the Gold Coast to Hervey Bay. We have 7 offices in Queensland and can often help clients outside of South East Queensland.

 

I’ve already adjourned the matter can you still help me?

Yes, that’s no problem give us a ring or book a time for a phone conference.

 

My matter is on tomorrow in Beenleigh court can you act for me at the last moment?

We can often help at the last minute. Give us a call now.

 

Wont I look more guilty if I engage a criminal defence lawyer?

No, you will look smart. The Magistrate wants people to have lawyers as they know everything will be prepared correctly. Even the prosecutor will prefer people to have lawyers rather than self-represent.

 

People talk about a QP9 what is that?

Learn more here

 

I’ve missed my court date, what can I do?

Learn more here

 

Are you really a top criminal lawyer in Beenleigh?

Look there are a number of great lawyers around Beenleigh. Have a look at our blog and see how experienced we are, look at our reviews which are all true and not bought like some other lawyers do. Give us a call and decide if you like what you hear and how we treat you or see our founder Steven Brough’s journey to the law.

 

How do I find what days the Beenleigh Court hears criminal charges?

Click to find the Beenleigh court timetable

 

I want to contact the Beenleigh prosecutor but cant find their number?

Click here to find the phone number for the Beenleigh prosecutor

 

How can I find my court date?

You can look up the criminal case database or ring the court registry.

 

Where is Beenleigh Court?

Beenleigh Court is located at:

Corner Kent and James Streets

Beenleigh Qld 4207

Directions to Beenleigh Courthouse

 

How do I contact the Beenleigh court?

Phone:                  (07) 3081 2100

Email:                 This email address is being protected from spambots. You need JavaScript enabled to view it.

Magistrate

Magistrates

The current list of Magistrates at Beenleigh are;

Magistrate Michael Gerard O'Driscoll

Magistrate Terry Duroux

Magistrate Mark Howden

Magistrate Clare Kelly

Magistrate Tracy Mossop

Magistrate Cameron McKenzie

Magistrate Patrina Clohessy

 

Where is Clarity Law’s Beenleigh office located?

Level 2, 3972 Pacific Highway

Loganholme

Phone: 0736680683

Please always phone ahead to book an appointment.

 

Our Lawyers

Every one of our lawyers is extremely experienced appearing in the Beenleigh Magistrates Court every week representing people on a huge range of criminal charges from traffic offences to drug charges, assault charges and stealing and other criminal offences.

steven brough criminal solicitor

Steven Brough

russell tannock criminal lawyer

Russell Tannock

jacob pruden criminal lawyer

Jacob Pruden

Jack

Jack Marshall

belinda smyth criminal lawyer

Belinda Smyth – Client Services Manager

Between our lawyers we have appeared in court thousands of times representing clients with criminal charges.

 

Can’t I just use a free duty lawyer? Why would I pay for my own private lawyer?

Facing criminal charges can be a daunting experience, and one of the crucial decisions you'll need to make is whether to hire a private criminal lawyer or rely on a duty Lawyer. While duty Lawyers play an essential role in the legal system, there are compelling reasons why opting for a private criminal lawyer might be in your best interest.

 

Dedicated Time and Attention:

When you hire a private criminal lawyer, you're securing their undivided attention. They have fewer cases to deal with, allowing them to invest more time and effort into building a robust strategy designed to get you the best outcome. This level of focus can be a game-changer in the outcome of your case.

 

Criminal defence lawyer:

A private criminal defence lawyer often only work in criminal law. This specialty equips them with in-depth knowledge and experience in handling cases similar to yours. They stay updated with the latest legal precedents, criminal law matters and strategies, giving you a competitive edge in court.

 

Timely and Transparent Communication:

Effective communication is vital during legal proceedings. Private criminal lawyers often have smaller caseloads, allowing them to be more accessible and responsive to your queries and concerns. This ensures you're kept informed and engaged throughout the process.

 

Control Over Case Management:

With a private criminal lawyer, you have more control over the direction of your case. You can collaborate closely with your lawyer to make informed decisions about your matter.

When your future is on the line, choosing a private criminal lawyer demonstrates a commitment to securing the best possible outcome for yourself.

 

Prices

Private lawyer don’t cost as much as you might fear.

 

Relevant Blog posts

 

Why should I choose you and not just represent myself?

We understand that many people do just represent themselves in court rather than engaging a criminal law firm. The duty lawyer will often represent people for free however understand that the duty lawyer is often very busy and can only spend a few minutes with each defendant. They cannot possibly fully prepare each matter and consider all the variables.

We get calls every week from people who have represented themselves and had a terrible outcome and are now desperate to try and do something to overturn the decision. Just some of the reasons to engage Clarity Law as your criminal lawyer includes;

  1. We have appeared in Beenleigh hundreds of times this means we know what the Magistrates want to hear to minimise the penalty

  2. We can often get no conviction recorded so you are not impacted financially in the future by having your job prospects restricted or travel plans affected due to having a conviction recorded

  3. We are there to look after your interests, neither the Magistrates nor the Police Prosecutor is going to do that, you need someone on your side to protect and look after you as you go through the criminal justice system

  4. We can take you through the whole process so you are not worried what will occur in Beenleigh court as we would have explained everything to you and will be with you at court to assist you. This will dramatically reduce your stress levels

  5. Engaging us shows the court you are taking your charges seriously

  6. We are local Beenleigh lawyers

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Our Experience

Since 2010 we have been representing people throughout the Beenleigh region who have been charged with criminal offence and needs an experienced criminal lawyer to represent them. We aren’t a criminal law firm that does criminal law as just one area of law, we do criminal law exclusively.

Our client’s often come to us nervous, worried and needing answers. This is not a time for uncertainty over your future nor the costs you will pay. The stress that a charge causes to people can be overwhelming, having a lawyer where you can obtain legal advice to help will give you a lot of relief.

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs. While we will never be the cheapest we do offer the best value in our humble opinion.

Our prices for a guilty plea include;

  • full preparation for court and devising strategy to minimise the penalty

  • obtaining QP9, history and charge documents form the Beenleigh Police Prosecutions

  • preparing for what we will tell the Beenleigh Magistrate

  • advising you on how to obtain character references

  • all telephone calls, meetings, video links and emails

  • detailed information to you on the penalty and information on what will happen at court and afterwards

  • taking your calls and answering your emails quickly

  • Ensuring all money you give us goes into a trust account and we can only take it when you give us permission or we are legally allowed to

  • appearing in the Beenleigh court with you to conduct a guilty plea

 

Links that may be of assistance

Client Testimonials

Link to our Blog

List of Queensland Courts and their contact details

Contact details for police prosecutors

Daily list of Matters in Beenleigh Courts

List of Court Calendars for Queensland Courts

 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

 

If I contacted you what would occur?

If you contact Clarity Law then Steven Brough the firm’s founder or our client services manager Belinda Smyth will take the call or receive the email. They have almost 50 years legal experience between them and supervise all the criminal lawyers in the firm, we can provide immediate legal assistance and answer any questions you have. You won’t need to explain everything to a receptionist just so they pass the message on to someone that can help you. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your criminal charge, all at no cost and no obligation.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results.

 

Our Social Media links

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From our Criminal Law Blog

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