Criminal Law
Responding to criminal or traffic charges can be one of the most nervous, overwhelming, and complicated situation you may face in your life. Sadly, this can often riddled with horror stories of poor advice, bad strategy, and under-prepared advocacy. Our experienced criminal defence lawyers understand the potential consequences that these prosecutions can have on your life, whether or not your liberty is at stake. MacDonald Law have criminal lawyers who care, provide unwavering support and effective representation. We understand that it is not just the stress of the criminal law matter at hand, it is the prospect of reputational damage that a criminal history or conviction may have on you.
Our Approach
Through a tried and tested legal process, our Toowoomba, Gold Coast and Brisbane criminal lawyers achieve excellent results by utilising a collaborative approach to build a strategy that best suits your particular situation.
Our criminal law team applies our range of skills and experience, engages knowledgeable Counsel for second to none advice, and strives to achieve excellent results and the best possible outcome. We understand that clear communication and professional representation from your criminal defence lawyers is critical to providing exceptional legal representation.
At MacDonald law you will have a law firm that provides expert legal advice from an entire legal team who work tirelessly to provide you the best representation and honest advice from strong advocates. The criminal justice system can be complex and stressful, we understand what is required to achieve the best possible outcome if you are facing criminal charges.
We represent clients in an extremely professional manner on all manner of criminal cases. We understand that the circumstances surrounding any allegation is serious and significant. We have expertise and a proven track record in the providing legal support to achieve justice and navigate the legal system in all manner of serious offences. Our Toowoomba, Gold Coast and Brisbane Criminal Lawyers assist with all offences including traffic offences, property offences, sexual offences, drug offences and assault charges such as Grievous Bodily Harm provides effective representation for your criminal defence.
Our Toowoomba, Gold Coast and Brisbane criminal lawyers will work with you to initially explain the criminal case and the entire process in plain English, we will discuss your position and outline any potential options which are available to you, as well as the possible consequences. Our lawyers will undertake any negotiations with the relevant Prosecution department to assist in the swift resolution of your matter (this may be a strategy to facilitate reduced charges). We understand that the longer these criminal law matters linger, the more stressful they can be. The law relating to criminal defence can be complex, and an expert is required to step through the strategy.
If the matter resolves by way of sentence (i.e you plead guilty), our criminal defence lawyers will attend at any sentencing hearing of your court case to make submissions on your behalf as to the appropriate penalty and the impact it will have on your life. This can include submissions around the impact of a conviction being recorded against you.
If the matter proceeds to trial, our team will expertly prepare all facets of your matter including witnesses, subpoena material, and experts. Your experienced criminal lawyer will engage with the best legal minds in the field to ensure that you receive the finest possible advocacy. Our criminal lawyers are capable and experienced advocates in all aspects of criminal and traffic law.
For the duration of your matter, our criminal lawyers will continue to manage it through the Court system so that it continues to progress without delay. We will be there every step of the way. We strive to remove the stress of the entire legal process as much as possible.
Our Service
Our criminal lawyers service the entirety of Southeast Queensland. From Brisbane to the Gold Coast, Sunshine Coast, Toowoomba, and the outer regions of Dalby, Warwick, and Stanthorpe. We regularly travel where and when our clients need us across Queensland.
Our Criminal Defence Lawyers draw on a wealth of knowledge and experience. They have acted in all manner of cases: from murder, rape, assaults, and serious drug offences, to lesser offences such as public nuisance and speeding fines. We regularly assist people who have been charged with domestic violence offending, such as breaches of a domestic violence order, stalking, assault, and choking. We specialise in criminal matters intertwined with domestic violence order applications and family law issues, providing a one-stop-shop for all your legal proceedings. We are a criminal law firm with a particular focus on access to justice.
Our Toowoomba, Gold Coast and Brisbane criminal lawyers focus on results, dealing with the evidence at hand to navigate through the issues and achieve the best outcome for each individual’s unique set of circumstances.
Our criminal law firm services a broad geographical area and across all facets of criminal law. We know the ins and outs of offences and can help you navigate them.
If you are subject to criminal charges, it is important that you seek legal advice from a criminal lawyer who has knowledge and experience. You deserve the best lawyers on your side. The consequences of criminal proceedings can be very serious, and you deserve to know that you are represented by a lawyer who has your best interests in mind.
Our criminal lawyers spend almost every day in court, whether it is the Magistrates, District or Supreme Court. We are prepared and comfortable with whatever the situation may be. We will work with you throughout the entire legal process.
Choosing a criminal law firm can be difficult choice; however our criminal lawyers understand that being charged with a criminal offence can be overwhelming and can have serious consequences. They also understand how life-altering the criminal law legal process can be.
Our lawyers are able to assist you to make an application for funding from Legal Aid Queensland. If you are not eligible, we have flexible payment options available, free initial consultations (20 minutes).
Mr MacDonald, Mr McCullough, Ms Crighton, Ms McIntyre & Ms Warburton spend almost every day in court, whether it is the Magistrates, District or Supreme Court. We are prepared and comfortable with whatever the situation may be. We will work with you throughout the process. Our mantra in criminal law: ‘we listen’.
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FREQUENTLY ASKED QUESTIONS (FAQ)
The Police want to talk to me about a matter, what should I do?
You have a right to silence. In most situations, you only need to provide police with the information necessary to identify you (such as your name, address and date of birth). For any other questions they may ask you, we recommend that you exercise your right to silence and request to speak to a lawyer immediately. You can call our office to speak to a lawyer at any time of the day or night. For some matters, such as minor traffic offences the Police do not need to warn you. As such this can be a nuanced issue. We recommend you seek legal advice from our criminal law firm as soon as possible.
I have been charged by the Police what happens next?
The Police will decide whether they will issue with a Notice to Appear, release you on bail from the Watch House or hold you pending a decision by a Magistrate. A Notice to Appear is a notice to come to Court on a specified date. If you are not given either a Notice to Appear or Watch House Bail, then you will be held in custody pending the Court being able to hear your matter (usually that day, or the next). It is important to seek legal advice early, do not wait for your first Court date to contact us. We strongly encourage you to book an initial consultation to obtain legal representation as soon as possible Your criminal defence cannot be left to the last minute.
What does it mean when my matters need to be “committed”?
A matter is committed when it is formally transferred from the Magistrates Court to a higher Court, either the District Court or the Supreme Court. Which Court it is transferred to depends on the charge. Not every matter is required to be committed, as most can be dealt with in the Magistrates Court. Committal can be a complicated process to navigate alone.
What do I do if I am in the watch house?
We recommend that you immediately make arrangements to speak with a criminal lawyer. If you are in a watch house, you can ask the Sergeant of the watch house to allow you to make a call to a lawyer of your choice. Alternatively, you can ask to call a friend or a family member who you can ask to call a solicitor for you.
Is drink driving a criminal offence?
Yes it is. The blood alcohol concentration (BAC) reading will dictate the seriousness of the offence, and the period you can expect your licence to be disqualified for. We recommend you make an appointment with us to discuss this.
What is Bail?
Bail is where you are released into the community on certain conditions pending the resolution of any criminal offence you have been charged with. When you are on bail, you make a signed promise to the Court to comply with the conditions imposed.
Bail can be issued by the Watch house Sergeant, known as 'Watch house bail'.
Alternatively, you can appear before the Court to make a bail application before a Magistrate, unless you are charged with Murder. The Magistrate may deny bail applications for any number of reasons, and Order that you spend time in custody while you are waiting for the natter to be finalised.
If you are refused bail in the Magistrates Court, you can apply for bail in the Supreme Court.
What is a QP9?
QP9 stands for Queensland Police Form 9. This is a form that the police prepare that details the exact charge, and an outline of the facts against you.
This document is usually picked up at the first mention of your matter before the Court, although you or your criminal lawyer can request a copy from the Police Prosecution department beforehand. It is usually accompanied by other relevant material, like your criminal or traffic history.
What is a domestic violence offence?
A domestic violence offence can be any offence that is charged with the aggravating feature of "domestic violence offence". This can include charges of common assault, wilful damage, stalking, or other offences, and using a mobile phone to harass or menace, among others.
Otherwise, a domestic violence offence can be the offence of breaching a domestic violence order. This can be done by breaching a term of a protection order, for instance, not being of good behaviour or committing domestic violence. It also can be breaching a 'no contact' condition if the Domestic Violence Order prohibits this.
Is domestic violence a crime?
Domestic violence is a crime if it is committed in breach of a current Domestic Violence Order. Otherwise, domestic violence can be offending such as common assault offences or stalking and other similar types.
Why do I need a criminal lawyer?
A criminal lawyer is able to ensure that your rights are protected and that you understand the process, and consequences of the available options to you. This includes an explanation of the rights available to you such as the right to silence and ensuring that charges are proven beyond a reasonable doubt.
Good criminal lawyers will explain what the offence is that you are charged with and what needs to be proven for that offence.
A good criminal lawyer can explain to you the prospects of your case, the options available and provide legal advice as to the recommended course moving forward.
It is the role of a criminal lawyer to represent and advocate for you in Court. This means that they will speak on your behalf to the Court.
Frequently Asked Questions (FAQ)
Our Criminal Law Team
