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If you have been charged with a crime, it is essential that you get professional legal advice as soon as possible.
In Queensland, there are 2 types of criminal offenses:
- Simple offenses (or summary offenses). These include disorderly behavior, traffic offenses and minor criminal offenses.
- Crimes and misdemeanors (or indictable offenses). These include murder, rape, robbery, assault, and break and enter.
While it is important that you should co-operate with police, it is also essential that you understand what your rights are.
The police can charge you in one of 3 ways;
- Arrest – the Police take you to a watch house ( by force if necessary)
- Complaint & Summons – This is a charge in writing that has been sworn o oath and served on you, you will need to appear in court within a few weeks.
- Notice to Appear – provides a general description of the offence you have been charged with, rather than the formally worded charge in a summons. It doesn’t have to be sworn on oath, so police can issue it on the spot.
It is important to remember:
- If the Police arrest you or suspect you of having committed a offense, you should not agree to the police doing anything without first speaking to us.
- This also applies to records of interview or appearing in an identification parade. You must give your name and address and in some cases information about the owner of a vehicle
- If the police indicate that they would like to rule you out from their investigation by asking some questions, anything you say can still be used against you .
- It is not the victim of a crime that decides to drop charges or not, it is the Prosecutor.
- Always be polite and show respect to the police.
- If the police stop you , always stay calm and in control.
- Don’t ever resist a police officer, even if you know you are innocent, stay calm and assist, then call us at the earliest opportunity.
Regardless of the circumstances you find yourself in, you are legally entitled to representation. CQ Legal can provide expert representation and advice for your criminal law matter. Our team can help you towards the best possible outcome.
For more detail on your specific matter visit the following pages.