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Criminal Law FAQs

Confused about criminal proceedings? Our experienced Southport criminal defence lawyers provide clear answers to common questions about police interviews, court appearances, sentencing, and your legal rights in the Queensland justice system.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Assault

Being charged with Common Assault in Queensland under s335
Common assault under s335 of the Criminal Code is the most frequent assault charge in QLD. It involves any unlawful touch or threat of violence without causing injury. You should immediately obtain legal advice, exercise your right to silence, and prepare for a Magistrates Court appearance. Penalties range from fines to 3 years imprisonment.
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Being charged with Assault Occasioning Bodily Harm in Queensland under s339
Assault Occasioning Bodily Harm (AOBH) under s339 is a serious criminal charge where the alleged assault resulted in an injury that interfered with health or comfort. Penalties are severe, reaching up to 7 or 10 years imprisonment. You must engage a lawyer early to negotiate the ‘facts’ of the injury and identify if any defences like self-defence apply.
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Being charged with Serious Assault in Queensland under s340
Serious Assault under s340 of the Criminal Code usually involves assaults against police, paramedics, or vulnerable persons. These are heavily prosecuted in Queensland, often resulting in mandatory prison terms or significant community service. Do not participate in a police interview. Specialized legal representation is necessary to challenge the ‘aggravating’ factors.
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Court

Do I need a lawyer for a minor criminal charge in Queensland?
It is strongly recommended. Even a ‘minor’ offence like public nuisance or shoplifting can result in a recorded conviction that impacts your travel and employment for life. A lawyer can advocate for ’no conviction recorded’ and negotiate with police to reduce the charges or facts.
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What is the difference between summary and indictable offences in Queensland?
Summary offences are less serious matters (like public nuisance or minor traffic offences) heard by a Magistrate alone. Indictable offences are more serious crimes (like theft, assault, or fraud). While serious indictable offences must be heard by a Judge and Jury in higher courts, many can be dealt with ‘summarily’ in the Magistrates Court to save time and costs.
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How does bail work in Queensland?
Bail is the written promise to appear in court on a specific date. In Queensland, there is generally a presumption that a person should be granted bail unless there is an unacceptable risk of them failing to appear, reoffending, or endangering the public. Strict conditions (like curfews or reporting to police) often apply.
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Should I plead guilty if I committed the offence?
You should never plead guilty without legal advice. Even if you ‘did it’, the police may have charged you with the wrong offence, or the ‘facts’ they have written might be exaggerated. Pleading guilty early acts as a mitigating factor to reduce your sentence, but you must ensure the charge is correct first.
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Drugs

Being charged with Drug Possession in Queensland under s9
Drug Possession under s9 of the Drugs Misuse Act is one of the most common criminal charges in QLD. It covers possession of any ‘dangerous drug’ like cannabis, MDMA, or cocaine. You should not participate in a police interview, as admissions of ‘knowledge’ are the key to a conviction. Penalties range from drug diversion programs to 15-25 years imprisonment depending on the drug type and quantity.
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Police

What should I do if arrested by police in Queensland?
You have the right to remain silent. You must provide your name and address, but strictly do not answer other questions or participate in a record of interview until you have spoken to a lawyer. Ask to telephone a lawyer immediately. What you say can and will be used against you.
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Property Damage

Being charged with Wilful Damage in Queensland under s469
Wilful Damage under s469 covers intentional destruction or damage to property, from graffiti to smashing windows. It also frequently appears in domestic violence contexts. You should not participate in a police interview. Penalties range from fines to 5 years imprisonment, and the court will often order ‘restitution’ (payment for the repairs).
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Public Order

Being charged with Public Nuisance in Queensland under s6
Public Nuisance under s6 of the Summary Offences Act is a common ‘street’ charge covering disorderly, offensive, or threatening behaviour in public. It often involves alcohol and interactions with police. You should obtain legal advice to determine if your behaviour actually met the ‘interference’ threshold. Penalties range from small fines to 6-12 months imprisonment.
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Sentencing

Will a criminal conviction appear on my record permanently?
Most criminal convictions remain on your history indefinitely. However, for first-time or minor offences, a Magistrate may order ‘No Conviction Recorded’, which can prevent it appearing on some checks. Additionally, under pending ‘Spent Convictions’ laws, eligible convictions may be hidden after 10 years of good behaviour.
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Theft

Being charged with Stealing or Theft in Queensland under s391
Stealing under s391 of the Criminal Code covers everything from shoplifting to employee theft. It requires an ‘intent to permanently deprive’ the owner. You should not participate in a police interview, as admissions of ‘intent’ are the most common way people are convicted. Penalties range from fines to 5 years imprisonment, or higher if involving an employer or a large sum.
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Being charged with Fraud in Queensland under s408C
Fraud under s408C of the Criminal Code involves any dishonest gain or detriment using deception. This includes credit card fraud, insurance fraud, or white-collar crime. You must not participate in a police interview, as fraud cases are complex and often rely on ‘connecting the dots’ through your admissions. Penalties range from 5 to 20 years imprisonment.
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Traffic

Being charged with Dangerous Operation of a Vehicle in Queensland under s328A
Dangerous Operation of a Vehicle under s328A is a serious criminal charge that carries mandatory license disqualification and potential prison time. It covers driving that puts the public at risk, regardless of whether an accident occurred. You should obtain legal advice to determine if the driving ‘standard’ can be downgraded to careless driving, which is a much less serious traffic offence.
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Traffic Matters

I've been charged with drink driving. Can I get a work license?
In Queensland, you may be eligible for a Restricted (Work) License if you can prove that losing your license would cause ’extreme financial hardship’ to you or your family. You must apply at the time of your court appearance and meet strict eligibility criteria regarding your BAC level and driving history.
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