Being charged with a crime can be extremely stressful. If you are charged with a crime, regardless of the accuracy of the charge, you need early professional representation.
CQ Legal are experienced criminal law experts. We can assist you through this difficult time with a team of professionals in a non judgmental environment.
Things to keep in mind
- You are innocent until proven guilty.
- The prosecution must prove your guilt beyond a reasonable doubt.
- Silence can rarely be used to suggest guilt.
- A person who has been acquitted cannot be tried again for the same offense. (the double jeopardy rule)
- A person charged with a summary offense may ask the police for further details of the charges (for example; where, when and how the police claim the offense occurred).
- If the police fail to provide these details, then the Court must either adjourn the charge until they are supplied, or dismiss the charge.
- A request for particulars should be made in writing at least 14 days before the hearing.
- Serious crime
- Grievous bodily harm
- Threats to kill
- Sexual offenses, rape, sexual assault, child sex tourism, child exploitation material (pornography)
- Trafficking, supply, possession, and importation of a dangerous drug
- Fraud, falsification of documents, money laundering, stealing
- Computer offenses
- Domestic violence applications
- Firearms and weapons
- Food safety
- Public nuisance, drunk and disorderly, trespassing
- Contravention of a police direction
- Assault or obstruct police officer
- Bomb hoaxes
DO I HAVE TO TALK TO THE POLICE?
Generally, you do not have to answer questions except to provide your name and address. We are often approached by clients asking for help when they are expecting a call from the police. We can speak on your behalf with the police so that you do not have to. We can give you advice about what you should and should not say. This step is very important because it can affect the whole of your case later.
WHAT IS A QP9?
The Qp9 is a document completed by the police which lists the evidence and facts of the case. If you plead guilty, the facts will be read from the Qp9 to the Magistrate. Or it may also reveal a defect in the evidence and so we can enter into negotiations with the prosecutor to settle the case early or advise you to go to trial. You are entitled to the Qp9 , we can request it, review its content and then give you advice before your first court appearance.
WHAT ARE THE TYPES OF PENALTIES A COURT CAN IMPOSE?
There are a variety of penalties that a court can impose on a person if they are found guilty of an offence. Sentences can be imposed separately, or in some cases can be a combination of one or more penalties. The sentencing options available to a court include:
- community service
- intensive correction order
- suspended sentence
- partially suspended sentence
- actual imprisonment
For each offence a person may be charged with there is a maximum penalty. The maximum penalty will only be given when the case falls within the “worst” category of cases for which the penalty is prescribed.
Regardless of the way you are charged or the severity of the offense, or even if you know you have not committed an offense, it is essential that you get early professional representation contact us as soon as possible to assist you.