Five Ways To Reduce Legal Fees
Let’s be honest. One of the single biggest factors, if not the biggest factor, that prevents people from seeking legal representation is the cost. But what people sometimes fail to consider is that by not obtaining proper legal advice and representation, their matter can often end up being more expensive in the long-term. With that said, here are five ways to reduce your legal fees.
Exercise discretion
Being involved in a court case of any kind can be incredibly stressful so it’s understandable if you are anxious. However, it’s important that you don’t bombard your lawyer with constant requests for updates by email or phone. A qualified and experienced legal professional will keep you fully informed of any relevant developments. Another point to keep in mind is that a good lawyer will also welcome questions about specific issues or concerns.
Be prepared
Time is money for you and your lawyer, especially if they are billing by the hour. You can minimise the amount of time spent in meetings with your lawyer by being prepared. But what does this actually mean?
Simply put, it means you should do the following:
- Ask your lawyer what, if anything, you should bring to the meeting, and act accordingly.
- If you bring a stack of unorganised papers, you or your lawyer will end up wasting valuable time sorting through it during the conference. Once you know what your lawyer needs, organise the documents by subject matter or date. If you need to keep the originals, make the copies yourself.
- Think carefully about what you’d like to discuss with your lawyer prior to the meeting. Put those thoughts in writing (a list is a good idea), and don’t forget to bring your notes to the meeting or conference.
- Be sure to arrive at the meeting on time, or even a few minutes early. By doing so you will give yourself time to catch your breath. If need be, you can use the time to jot down a few last-minute thoughts. This will also allow you to make the most of the available time that you do have with your lawyer.
Ask your lawyer if you can do some of your own research
More often than not, lawyers must devote a significant amount of time to researching various aspects of their clients’ cases. While they are well-equipped to do so, there might be some factual research that you can do, too. Depending on the circumstances of your case, you might be able to help by locating information or witnesses. You may also be able to create a timeline or draft statements regarding the facts of your case.
As long as you don’t bombard your lawyer with tons of completely irrelevant material, your lawyer will probably appreciate your efforts. Better yet, you’ll effectively reduce your legal fees because your lawyer won’t have to do the research.
Don’t let your emotions get the best of you
Being a party to a legal matter is an emotional experience. It doesn’t matter if you are involved in a business dispute, a family matter or any other civil or criminal matter. You may be angry, frustrated, stressed, overwhelmed or frightened. However, it’s important that you don’t let your emotions get the best of you, especially when it comes to making important decisions. If you do, you may make choices that delay the resolution of the matter (costing you more in legal fees), or cause the court to award the other party their costs. In a criminal matter, making the wrong choice based on your emotions could mean you have to pay more in fines or spend more time in jail.
Be honest with your lawyer, no matter what
Don’t be surprised if there are times when your lawyer asks you a question that you’d really rather not answer. Depending on the question, you may feel embarrassed or concerned that it could harm your case.
But when all is said and done, your lawyer’s job is to help you. Failing to disclose important information or details when asked could not only unnecessarily delay your case (resulting in more fees and costs) but it could even wreck your case completely (meaning you’ll just end up wasting your money).
Consequently, it is extremely important that you are always open and honest with your lawyer. If you don’t feel like this is the case with your current lawyer, you may have to switch legal representatives so you can work with someone that makes you more comfortable.
At Jones + Associates, our clients always come first. We also believe in providing honest, efficient and cost-effective advice. To help with the costs of representation, ask us about fixed fees for our services.
To learn more about how Criminal Law Firms Australia can help you, phone us on 07 3229 3166 or use our contact page.
Police Powers and Responsibilities – Seized Property
Sometimes, police seize property in the course of exercising their duties and investigating crime. If your property has been seized by police, it is important to know your rights and how you can you go about having that property returned.
Hang on to your Field Property Receipt
The Police Powers and Responsibilities Act (PPRA) gives police powers to seize property in certain circumstances. In most circumstances, when a police officer seizes property from a person, they must provide that person with a receipt. This is called a Field Property Receipt and will list the items police have taken. This receipt can help you or your lawyer get your items back so it’s important that you hang on to it.
How long can police keep my stuff?
When a police officer seizes property, that officer is responsible for the safekeeping of the property until it is delivered to a property officer or property point. Unless the property is the subject of a charge, police may retain seized property for up to 30 days. After this time, they will need to obtain an order from a Justice of the Peace or a Magistrate. There are some obvious exceptions to this requirement like property that is perishable or has no intrinsic value.
Without such an order, a police officer MUST return the property to the owner or the person who lawfully had possession of the thing before it was seized. This means that you may be entitled to have property returned to you even if you are not the lawful owner. For example, you do not own property that you borrow or rent but because of the agreement you have with the owner, you have lawful possession of it.
It’s important to remember that the law requires the Commissioner of Police to make reasonable inquiries and efforts to locate persons claiming to be entitled to possession of a certain property and facilitate the disposal or return of that property. You are entitled to insist that your property be returned.
Documents you need now…
If police seize documents from you, unless they have an order from a Magistrate or a coroner, they must let you inspect the documents and take extracts or make copies of it. You must be allowed to inspect the document at any reasonable time and from time to time. While this provision relates to documents, it also encompasses computers that store documents. This provision can be helpful if computers or paperwork relating to your business have been seized.
If you or someone close to you has had property seized and would like to discuss arrangements for the return of that property, please contact our Brisbane criminal lawyers today.
Judicial Review
The Judicial Review Act 1991 (Qld) enables a person to challenge the legality of administrative decisions such as decisions made by Government Departments and agencies and Magistrates/Judges.
A Judicial review is effectively an appeal whereby a person seeks to challenge the legality of a decision, as opposed to the merits of that decision. It is essentially a review of whether the decision was made properly rather than whether the outcome was correct.
The most common grounds relied upon in Judicial Reviews are:
- That a breach of the rules of natural judges happened in relation to the making of the decision;
- That the making of the decision involved an error of law;
- That the making of the decision was an improper exercise of power; and
- That there was no evidence or other material to justify the making of the decision.
Recently, Jones + Associates made a rare application challenging administrative decisions of two Queensland Magistrates. The Judicial Review was argued on the basis that both Magistrates made errors of law in making their respective decisions.
The relevant decisions were firstly, to refuse to allow cross-examination of witnesses at committal hearing and secondly, to conduct a committal hearing and commit the matters to trial in the District Court without the defendants’ consent.
When hearing the application before the Supreme Court of Queensland, Her Honour Chief Justice Holmes accepted our argument and ultimately our application was successful. Her decisions were published and can be found at Atherton & Anor v Eaton & Ors [2019] QSC 66.
An application for Judicial Review can be made with respect to an array of decisions including:
- Parole Bard decisions
- Decisions made by a board constituted by legislation (Eg Harness Racing Board)
- Decisions made by adjudicator pursuant to legislation (Eg Building and Constructions Industry Payments Act)
- Queensland Building and Construction Commission decisions
- Administrative decisions made by a court/tribunal
Should you be aggrieved by an administrative decision or wish to obtain advice in relation to Judicial Reviews, you should contact Criminal lawyer Brisbane on (07) 3229 3166.
Have You Been Charged with Driving Without a Licence?
In Australia, driving isn’t an entitlement or a right. It is a privilege and a responsibility that shouldn’t be taken lightly. That’s why everyone needs a licence to do it.
But sometimes even honest, law-abiding citizens make mistakes. And in some cases, people just don’t think the rules apply to them. So they end up driving without a valid licence. But what happens if they get caught? Here’s what you need to know about being charged with driving without a licence.
When can you be charged with unlicensed driving?
In Queensland, you can be charged with unlicensed driving if the police catch you behind the wheel and:
- you have never had a licence at all;
- your licence is expired;
- you are driving with the wrong type of licence;
- a doctor has declared you medically unfit to drive;
- you gave up your licence voluntarily;
- your licence has been temporarily suspended.
- A court has disqualified you from holding a licence for a period of time
The penalties for driving without a licence
The punishment that will be imposed if you are convicted of driving without a licence will depend on the specific circumstances of your case. At most, you can be sentenced to 18 months imprisonment and 60 penalty points.
, and within this context, it is also important to note that an infringement notice won’t be issued in your case if:
- You are interlock driver (an alcohol ignition interlock is a breath test device linked to the ignition system of a vehicle) whose licence was not reinstated after a disqualification period for drink driving; or
- you are an interlock driver who didn’t have a valid Queensland driver’s licence when the offence occurred and your interlock period has not ended; or
- you are an interlock driver whose Queensland driver’s licence had expired more than a month before the offence and your interlock period has not ended.
How your punishment is determined
If you have been convicted of driving without a licence and you are a repeat offender or a disqualified driver, the court weighs several factors when deciding how you should be punished. These typically include:
- The entirety of your case including any aggravating and mitigating circumstances;
- the public interest;
- your criminal and traffic records (if any);
- relevant information provided to the court about your medical history, mental or physical impairment or physical ability;
- if you were driving without a licence during the commission or attempted commission of another offence, and the type of offence;
- any additional matters of interest to the court.
Driving with a suspended licence
Driving while your licence is suspended is also classified as unlicensed driving. Your licence could be suspended for a short time if you have accumulated too many penalty points for excessive speeding or for failing to pay certain fines. If you were charged with driving under the influence of alcohol or drugs, your licence may also be subject to immediate suspension pending the determination of the matter.
In any case, you are not allowed to drive while your licence is suspended. If you are caught driving with a suspended license, you will face harsher penalties than other types of unlicensed driving.
Your punishment will be based on the specific circumstances of your case. In other words, it will depend on why your licence was originally suspended. If it was suspended for failure to pay certain court-ordered fines, you could receive anywhere between a one to six-month license disqualification. If it was suspended because you accumulated too many penalty points, or engaged in excessive speeding, you could lose your licence for six months. All of these situations can also carry the maximum fine of 40 penalty units or imprisonment of up to one year.
If you are caught driving on an immediate suspension your punishment could be a two to five-year licence disqualification, a maximum fine of 40 penalty units, and a prison sentence of up to one year.
Driving with a recently expired licence
A ‘recently expired licence’ can be legally classified as one that lapsed less than a year prior to the commission of the offence; or as one that was rescinded (as a result of a physical or mental ailment that renders you unable to drive) less than a year prior to the commission of the offence.
If you have been charged with driving on a recently expired driver’s licence, a police officer may grant you a permit that allows you to drive to a specific location where you can safely store your vehicle.
Keep in mind that to be valid, this permit must:
- Be in an acceptable form;
- indicate the infringement notice number;
- state the duration, which cannot exceed 24 hours, for which it is issued;
- stipulate the conditions, if any, on which it is issued.
If you have been charged with driving without a licence, it is important to get sound legal advice as soon as possible. Contact our Brisbane traffic Lawyers today.
What is a Conviction & How Can I Prevent it From Being Recorded?
Everyone knows that if you are found guilty of a crime, you’re convicted of the offence. Convictions, unsurprisingly, have serious ramifications and can potentially follow you for the rest of your life, regardless of your court imposed punishment. If a conviction is recorded it can affect you when applying for jobs and prevent you from travelling. Not all convictions, however, need be recorded. Below, we discuss non-recorded convictions and what that may mean for you.
Penalties and Sentences Act 1992
The Court is granted the discretion to not record a conviction by Section 12 of the Penalties and Sentences Act of 1992, even when the person in question has been found guilty and sentenced by the Court. When exercising this discretion, the Court will look at a variety of factors in determining whether or not the individual circumstances warrant leniency.
Factors that Influence Discretion
Nature of Offence: The type of crime for which you’ve been found guilty will play a role in the discretion of the Court, with minor offences more likely to be non-recorded than major offences.
Age & Character: The offender’s age and character will be taken into account. Because the goal of the criminal justice system generally revolves around fairness and rehabilitation, young offenders and those with no prior history with the criminal justice system are more likely to receive leniency, as they are more likely to resume behavior as law-abiding, productive members of society. This isn’t to say that older offenders will always have their conviction recorded, especially if they have a clean or minor record. It is important to remember that anyone with a clean or minor record has the right to request that their conviction not be recorded, even if they are not excused by youthful indiscretion.
Impact: When determining whether or not to record a conviction, the Court will also look at the potential consequences that a criminal record will have on the offender. In particular, they estimate the impact on the offender’s economic security, social wellbeing, and ability to find appropriate employment. However, it is important to note that merely asserting that a recorded conviction will increase the difficulty of finding a job may not be enough to inspire the Court to exercise leniency. The Court would rather deal in specifics so a letter from an employer or a list of criteria from the offender’s chosen career would be necessary to support this argument.
Disclosure
If you are not able to prevent your conviction from being recorded, you will be required to disclose this conviction in many circumstances, most notably when you are applying for jobs or travelling out of the country for work. There are other times, though, when you are not required to disclose.
Magistrates Court: If your conviction was in the Magistrates Court, you will no longer be required to disclose this conviction when: the conviction was at least five years ago; the term of imprisonment was only 30 months or less (or there was no term of imprisonment); you have completed any other court order; you have not committed any other offence within the five-year period; and no exceptions apply. If you meet all of these requirements, you will not be required to disclose and it will likely be unlawful for any other person to disclose it as well.
District or Supreme Court: Unlike a conviction in Magistrates Court, a conviction in a District or Supreme Court has a much longer lapse period. In order for your conviction to be spent so that you no longer have to disclose it: 10 years must have passed and you were not convicted during that time; you served a term of imprisonment 30 months or less (or were not assigned a term of imprisonment); no exceptions apply; and you have complied with and completed any other order of the court.
Preventing your conviction from being recorded can be imperative if you are hoping to keep your professional and personal life on track. Contact our Criminal Lawyers Brisbane today so that you have a professionally trained advocate to argue on your behalf.
What are Your Rights under Criminal Law?
Thanks to TV shows and pop culture, many people believe they understand how the criminal justice system works. Police shows, procedural dramas and legal adaptations tend to create a false sense of familiarity with the criminal justice system in the average person. But while loose cannon cops and lawyers who bend the rules make good television fodder, they have very little in common with the realities of police-work and legal professionalism. If you find yourself caught within the criminal justice system, it is important to remember that you have rights.
Arrest
When being arrested, there are three procedural steps that officers are required to follow. The officer must tell you that you are under arrest and briefly explain why, and you must either voluntarily surrender to the officer or you will be taken into custody through force. Police in Queensland do not have to “read you your rights”, and though you do have the right to remain silent, you are still required to inform the arresting officer of your name and address in order to avoid additional charges. Once arrested, you will escorted by the arresting officer to a police station or watch-house to be processed and await court or given bail.
Warrants
The police are not required to have a warrant in order to arrest you. If they have a reasonable suspicion that you are breaking the law, have broken the law, or are about to break the law, they have the power to arrest you as a reasonable necessity, because of the type or seriousness of the offence, or in order to:
- stop you from breaking more laws;
- discover your identity;
- ensure a court appearance;
- obtain or retain evidence;
- prevent the creation or destruction of evidence;
- prevent witness harassment or interference;
- protect your safety and the safety of others;
- prevent your escape; or
- hold you for questioning.
The threshold for demonstrating reasonable necessity is generally low and the police will likely be allowed to arrest you without a warrant. It is in your best interests to calmly comply, ask for a lawyer as soon as possible, and remain silent except for providing your name and address, until your lawyer arrives.
What Are My Rights?
You have the right to remain silent and wait for the arrival of your lawyer. You cannot be formally interviewed until the police inform you that you have a right to a lawyer, a family member, or friend. Importantly, you must remember that the police are not allowed to coerce a confession out of you by making false promises or threats. As mentioned above, the police must inform you that you are being arrested and explain to you why.
Additionally, you have the right to go to court for a bail application at the earliest reasonable opportunity, and if you are not taken straight to court, you have the right to ask the police for bail. Remember that without an arrest you do have the right to refuse a request to come to the police station, but be careful to handle the situation calmly and respectfully or else risk an actual arrest or additional charges.
Being Arrested for Questioning
When the police have a reasonable suspicion that you have committed an indictable offence, they are able to detain you for a reasonable amount of time in order to conduct an investigation and/or question you about the offence. Police may detain you for up to eight hours, but can only question you for four hours out of the eight. If they want to keep you longer, the police must petition a magistrate or justice of the peace to question you for a further period. During this time period, you still have the right to remain silent after sharing your name and address.
We are here to help
At Jones + Associates, we are dedicated to securing the best possible outcomes for our clients. Contact us criminal lawyers Brisbane today.
The Drink Driving Guide
As statistics graphically illustrate, drink driving remains an international problem. According to a World Health Organization (WHO) report, in 2015 more than 50% of all traffic deaths on South African roads were attributed to alcohol consumption. In the same year, drinking and driving also contributed to more than one-third (34%) of all road deaths in Canada, 31% of all motor vehicle fatalities in the United States and 30% of all fatal road accidents in Australia.
In the report’s Executive Summary, however, the WHO also notes that the adoption and enforcement of “good laws” is “effective in changing road user behaviour on key risk factors for road traffic injuries”, including drink driving. And to that end, authorities throughout Australia continue to crack down on motorists that engage in the dangerous activity.
With that in mind, here’s what you should know about the consequences of drink driving in Queensland.
If you are caught, you will receive a summons to appear in the Magistrates Court closest to where the offence occurred. The Magistrate will make a determination about the penalties, which range from a fine and disqualification to imprisonment. The type of punishment imposed will depend on several factors including:
- Your breath or blood alcohol concentration at the time of the offence;
- your driving record (traffic history);
- whether you have any prior convictions for drink driving.
The four blood alcohol concentration limits used in Queensland
In Queensland, four classifications pertaining to blood alcohol concentration are used to determine which penalty or penalties will be imposed for a drink driving offence. These are: the no alcohol limit, the general alcohol limit (0.05 to 0.09), the middle alcohol limit (0.10 to 0.149), and the high alcohol limit (over 0.15).
The no alcohol limit prohibits certain drivers from having any alcohol in their blood at all while operating vehicles on Queensland roads. This applies to you if you are a learner or if you have a P1, P2 or a restricted licence (regardless of your age). It also applies to anyone driving a truck, taxi, limousine, tow truck or tractor.
The commission of a DUI offence of drink driving while over the no alcohol limit usually results in the disqualification of your ability to obtain or hold a Queensland driver’s licence for at least three months upon conviction. Furthermore, you are ineligible to apply for a drink driving work licence if a Magistrate finds you guilty of this offence.
The general alcohol limit, which is a blood alcohol concentration of 0.05%, applies to most Queensland drivers. Specifically, it applies to anyone who has a valid Queensland driver’s licence and is exempt from the no alcohol limit.
If you are convicted of a DUI drink driving offence in which your blood alcohol concentration exceeds the general alcohol limit, your ability to obtain or hold a Queensland driver’s licence will automatically be disqualified for at least one month. However, you may be able to apply for a drink driving work licence if you meet certain criteria.
There are more serious consequences upon conviction for a DUI drink driving offence when your blood alcohol concentration exceeds the middle alcohol limit, or 0.10%. In this case, your ability to obtain or hold a Queensland driver’s licence will be disqualified for at least three months, but you may be able to get a drink driving work licence.
Finally, if your blood alcohol concentration exceeds the high alcohol limit of 0.15% when you are behind the wheel, you will be charged with the most serious DUI drink driving offence.
Because there is a legal assumption that you are under the influence of alcohol or liquor based on the extreme reading in these circumstances, this offence is sometimes called “driving under the influence of liquor” (or “UIL”).
Conviction for this type of offence brings the harshest penalties, beginning with a disqualification of your ability to obtain or hold a Queensland driver’s licence for at least six months. Since there is no maximum period for disqualification, your licence could be disqualified for a year or more, depending on your specific circumstances. If this isn’t your first conviction, you may even face probation, community service or jail time. In any case, you will not be able to get a drink driving work licence.
Understanding the drink driving ‘ranges’
If you are charged with “low-range drink driving” in Queensland, it means your blood alcohol concentration (“BAC”) was above the general alcohol limit (0.05%) but below the middle alcohol limit (0.10%).
A low-range drink driving conviction brings a maximum penalty of three months imprisonment and/or a 14 Penalty Unit fine for a first offence.
If you commit and are convicted of a second offence within five years, you face up to six months imprisonment and/or a 20 Penalty Unit fine. Conviction for a third or subsequent offence within five years brings a maximum penalty of nine months imprisonment and/or a 28 Penalty Unit fine.
As we have already noted, you will be unable to obtain or hold a Queensland driver’s licence if you’re convicted on this type of drink driving charge. The length of your disqualification can range from one to nine months for a first offence, and three to 18 months if you’re convicted for a second and/or subsequent offence.
If the Magistrate imposes more than one period of disqualification (which may happen if you’re a repeat offender), you must serve these cumulatively. In other words, one term won’t begin until the previous term ends.
You should also be aware that if you have multiple convictions for low-range drink driving, you must have an Alcohol Ignition Interlock device attached to your nominated vehicle for 12 months once you regain your driving privilege.
If Queensland authorities catch you driving a vehicle with a BAC greater than the “middle alcohol limit” (0.10%), but below the “high alcohol limit” (0.15%), you will likely be charged with “mid-range drink driving.” This is the second most serious drink driving offence under Queensland law, punishable by a maximum of six months imprisonment and/or a 20 penalty unit fine for a first offence.
The commission of and conviction for a second mid-range drink driving offence within five years can also result in up to six months imprisonment and/or a 20 penalty unit fine. However, the commission of and conviction for a third or subsequent offence in that period brings a maximum penalty of nine months imprisonment and/or a 28 penalty unit fine.
When you’re convicted of a mid-range drink driving offence for the first time, the Magistrate will automatically disqualify you from holding or obtaining a Queensland driver’s licence for three to 12 months. Repeat offenders face immediate disqualification for three to 18 months.
The stipulations that apply to multiple disqualification periods and Alcohol Ignition Interlock devices for low-range drink driving convictions also apply to mid-range drink driving convictions.
Lastly, if you have a BAC greater than 0.15% percent or the “high alcohol limit” while behind the wheel, you will be charged with “high-range drink driving”. As we have already noted, this is the most serious drink driving offence under Queensland law. As such, the maximum penalty upon conviction is nine months imprisonment and/or a 28 Penalty Unit fine – and that’s just for a first offence.
The maximum penalty for a second, or subsequent, offence within five years is 18 months imprisonment and/or a 60 Penalty Unit fine. Furthermore, Queensland law mandates that a sentence that “includes imprisonment” is imposed if you are convicted of a third, and any subsequent, offence within five years of the first. While this doesn’t necessarily mean that you will serve out your entire jail sentence, it is likely that will be the case.
Whenever it finds someone guilty of high range drink driving, a court must disqualify them from holding or obtaining a Queensland driver’s licence for at least six months for a first offence; at least one year for a second; and at least two years for any subsequent offences. Although it rarely does so, the Magistrate (or Magistrates Court) is also authorised to disqualify someone absolutely (meaning they can never hold or apply for another Queensland driver’s licence) – even for a first high range drink driving offence.
The stipulations pertaining to multiple disqualification periods for low-range and mid-range drink driving offences also apply to those resulting from high-range drink driving offences.
If you’re convicted of high-range drink driving, you must also have an Alcohol Ignition Interlock device affixed to your nominated vehicle for 12 months after your licence is restored.
Understanding what affects your blood alcohol concentration
Clearly the easiest way to avoid running afoul of Queensland’s drink driving laws, and to avoid hurting or killing yourself or others, is to refrain from having any alcohol at all when you know you will be driving. If you insist upon having “one or two drinks” with family or friends, it is also important that you understand the factors that can affect the way in which your body processes alcohol – and therefore your BAC. These factors include but are not limited to your:
- Age
- Drinking habits (consumption)
- Gender
- Body type
- Medication
- Fitness
The amount of alcohol in the adult beverage(s) you’ve consumed, whether or not the beverages are carbonated, and whether or not you’ve eaten can also influence your BAC.
Seeking legal assistance
Being charged with any drink driving offence in Queensland is a serious matter. With your driving privileges and even your freedom potentially at stake, you should never leave anything to chance. Contact our DUI Lawyers Brisbane for legal advice and representation today.
What You Need to Know About Search Warrants
Though TV crime dramas like to glorify the loose cannon cop who doesn’t “play by the rules” and will break down a door in a heartbeat, in reality there are protections in place to shield citizens from such reckless behaviour by police. Below, you can find a brief overview of searches, both with and without a warrant, as well as the definition of some important terms. If you are in need of advice regarding a search matter, please contact a Brisbane Criminal Lawyers today and protect your rights.
Home Searches
Right to refusal: Police in Queensland do not have an automatic right to enter your home. If you are refusing them entry, state clearly that you are not inviting them in nor do you consent to any officer remaining on any part of your premises. It is important to keep calm and treat the officers with respect, as anything you say may be used as evidence against you later. Also, make note of any witnesses so that there are other stories to support your claim that you refused police entry.
Police entry without warrant: Though you generally have the right to refuse police entry on your property, there are situations where they will be able to enter without a warrant and without your consent. For example, an officer may enter your home when: handing over a legal document; in an emergency; testing blood alcohol content after a traffic incident; pursuing an escapee; searching for evidence that is in danger of being hidden or destroyed; executing an arrest; reaching a crime scene; or in the event of an anti-terrorism order. These reasons need to be based on “reasonable belief” and within a “reasonable time” (see definitions below).
Police entry with a warrant: A warrant will allow police the right to search your property. Always ask to see the warrant, read through it carefully. The police will then be allowed a reasonable amount of time to conduct their search and have certain powers: detaining those present; removing wall, floor, and ceiling panels; taking pictures; digging and searching those present.
Informal police interviews: It is important to not answer any questions asked while the search is underway, as anything you say can be used against you as evidence.
Searches of your person or vehicle: Police have no automatic right to search you or your vehicle without cause. The officer will be allowed to conduct a search if they have a reasonable suspicion that you have a weapon, illegal drugs or drug paraphernalia, stolen property, contraband, graffiti tools, tools of theft, something you are intending to use to harm yourself or another, evidence of public drinking, or evidence of any offence punishable by at least seven years of jail-time.
Police requirements: When conducting such a search, police must treat you with respect and follow certain guidelines. You should not be searched in the presence of security cameras, and if any clothes are seized for evidence you must be provided alternate pieces of clothing. If and when the search is in public, the officer must strive to cause you the least amount of embarrassment and limit the search to a frisk if possible. More invasive searches should be conducted in private and, unless an immediate search is required, searches should be conducted by an officer of the same sex.
Computers and mobiles: You are allowed to refuse a request to search your computer or mobile phone and police will have to acquire a warrant to conduct this search. However, the police may seize these items in the interim to prevent tampering or deletion of evidence.
Definitions
“Reasonable Time”: The amount of time required to ask questions and make reasonable observations or investigation.
“Reasonable Suspicion”: Most courts agree that a reasonable suspicion can be assumed when there is presence of some fact that would make a reasonably minded person believe the same thing. An important note is that a suspicion does not need to be right but merely reasonable.
Can I Appeal My Sentence in Queensland?
Many Australians may find themselves dealing with a Court matter at some point in their lives. And many of those people will end up feeling decisions made against them, such as conviction and sentencing, were made in error. Luckily, a fundamental tenet of our legal system is the right to appeal a decision against you to a higher court. Below we cover some of the most frequently asked questions about appeals in Queensland but you should always seek a lawyer’s guidance in order to have the best chance at a successful appeal.
When can I make an appeal?
In Queensland, you are generally only able to make an appeal after a sentence has been handed down by the Court. In criminal cases, you can only appeal a guilty verdict and/or a sentence. In both criminal and civil matters you may need to seek leave (permission) to appeal, depending on the original court in which the case was heard.
It can be difficult for a layperson to accurately assess his or her chances of success on appeal. Advice from a lawyer about the grounds on which you should base your appeal and its overall strength should be a priority for anyone disappointed with the initial decision against them.
Steps of the appeal process
Though each case is unique, there is a general order to an appeals process.
- Appeal Book: Once a judgement you regard as unsatisfactory is handed down, you can begin the process of building your case for appeal. You don’t need to start from scratch and in any case, will rarely be permitted to introduce new evidence during an appeal, but you can condense the materials from your original case into an ‘Appeal Book’. The Appeal Book must be purchased by parties to a trial though the fee can be waived if financial hardship can be shown.
- Grounds for appeal: When gathering these materials, a criminal lawyer will be able to review, organize and prioritise the information to give you a better idea of what your grounds for appeal may be.Common grounds of appeal
- Unsafe and unsatisfactory verdict: The jury’s verdict was not supported by the presented evidence and was thus unreasonable.
- Manifestly excessive sentence: The sentence was inordinately severe in light of the circumstances of the case.
- Error of Law: There may have been a mistake regarding the instructions given to the jury, the inclusion or exclusion of certain pieces of evidence, or the reliance upon the wrong facts when reaching the verdict.
- Notice of Appeal: When you are filing an appeal, you need to put several parties on notice to appeal within the time constraints set down by the particular court jurisdiction. These time limits are quite rigid, and failure to comply with them will likely result in yielding some or all of your appeal rights. Though time limits vary, they can be as short as a month after the original decision is handed down, so it is important to act fast.The Notice of Appeal is a formal legal document that provides important pieces of information, including the names of all parties and litigants who will have an interest in responding to the appeal, the date of the original court decision, the initial plea entered, all other pertinent details about the original case, your grounds for appeal, and your argument defending the need for an appeal.
- Appeal bail: A successful application for appeal bail will mean that a person whose sentence included a term of imprisonment can remain free until the time of the appeal. However, in order to gain an opportunity for bail pending appeal, you will need to demonstrate that the case is “exceptional”. An exceptional case is one where there is evidence of “strong grounds for concluding that the appeal will be allowed” and where a substantial portion of the sentence will be served before the appeal can be decided.
- Arguments: Preparation is key. The best way to win on appeal is to address what happened in the lower court, detail the mistakes that were made, how they should be corrected, and why you deserve a different result based on those corrections. A lawyer will know the practice directions required for appellate courts, which set out the strict requirements for argument outlines and timelines for serving them.
- Appeal hearing: If a mistake has been made in your trial or your sentence was unfair in light of the circumstances, you will likely want to tell your side of the story. Preparing your arguments and presenting them to the appellate court is how your lawyer will tell your side of the story.
- Decision: After hearing the arguments presented by your lawyer, an appeal court may deliver their decision at that time (ex tempore) if the decision is unlikely to affect future cases, or at a later date if the decision is likely to create a precedent for the future. If you are again disappointed with the sentence you receive, you may be able to appeal again to a higher court. If this is the case, your lawyer will be able to advise you on next steps.
Help with drug charges & rehabilitation for you or your loved one
Drug Charges & Rehabilitation
Over the last 4 years, Jones + Associates have utilised their unique relationship with other organisations to assist drug offenders obtain the best possible results when sentenced by Queensland Courts.
When sentencing offenders, courts must take into account various factors. Importantly, courts look to the efforts an offender has made to address the issues at the heart of their offending behaviour. Courts look favourably upon offenders who have taken a proactive approach to addressing the issues that contributed to their offending, whether it be drug or alcohol addiction, mental illness or another concerns.
Jones + Associates’ unique relationship with a well-known not for profit organisation enables us to provide clients with access to a ‘rehabilitation co-ordinator.’ Co-ordinators use their wealth of experience and knowledge to refer clients to a range of targeted support services. Through a personalised rehabilitation plan, clients are able to identify and begin to address issues specific to their offending. This targeted support not only assists clients in their personal development but also provides courts with definitive evidence of their rehabilitative efforts.
Jones + Associates have represented many clients with a background of illicit substance abuse or other personal issues for sentencing before the District and Supreme Courts. The assistance provided by our ‘rehabilitation co-ordinators’ has proved to be a significant factor in these clients either avoiding prison time altogether or reducing the usual sentence. Our results speak for themselves.
It has often been commented upon by Judges the significant and impressive nature of our clients rehabilitative efforts, particularly those undertaken with the support of our rehabilitation strategy.
Should you or a loved one find themselves charged with a criminal offence and have an underlying personal issue to address, you should contact a member of Brisbane Criminal Lawyers at Jones + Associates to not only provide you with the best legal representation available but also access to the support required to address your personal circumstances.
What Do The Next Step?
Contact our experienced Brisbane drug lawyer or fill out an online contact form to hear back from a member of the criminal lawyer’s team today.