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Do I need a lawyer for a minor criminal charge in Queensland?

Court

Many people believe they only need a lawyer for “serious” crimes like assault or robbery. They think, “It’s just a drink driving charge”, or “It’s just a small shoplifting charge, I’ll represent myself.”

This is a mistake that can have lifelong consequences.

The “Summary” Trap

While Magistrate Court matters are less formal than Supreme Court trials, the penalties are still real.

  • A Conviction Record: If you represent yourself, you might not know how to properly formulate a submission under Section 12 of the Penalties and Sentences Act to ask the Magistrate not to record a conviction.
  • Result: You walk away with a permanent criminal record that stops you from getting a job or traveling to the USA, all for a minor “mistake.”

What About the Duty Lawyer?

The Duty Lawyer service is free, but it is limited.

  • Limited Time: They may only have 5 minutes to read your file and speak to you.
  • Guilty Pleas Only: They generally only assist with simple guilty pleas. They cannot run a a trial for you or engage in lengthy case negotiations with police.
  • Means Tested: You may not qualify if you earn a wage.

What a Private Lawyer Does

  1. Negotiation: We talk to the Police Prosecution Corps before court. We can often get charges dropped or downgraded (e.g., from “Assault Occasioning Bodily Harm” to “Common Assault”).
  2. Affidavits: We help you gather character references to show the Court this behaviour was out of character.
  3. Preparation: We prepare a polished plea in mitigation, citing relevant case law to ensure you get the minimum penalty.

Invest in Your Future

The cost of a lawyer is often far less than the cost of a lost career. Bell & Senior offers fixed-fee representation for many summary matters.

Due in court? Contact us at least 48 hours before your date. Call (07) 5532 8777.

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