Minor Criminal Charges
If you have been charged with a minor criminal offence in Logan, you will likely be given a Notice to Appear indicating that you are required to attend the Beenleigh Magistrates Court. During your first appearance, you will be provided a copy of your QP9 and will need to sign bail if it is granted.
A QP9 provides the charge and a summary of the facts alleged against you. While these alleged facts are not evidence, they will provide an idea on how the police are going to attempt to prove their charge. Similarly, we are able to review the alleged facts and determine whether a defence applies, which might provide a basis for the charge being withdrawn or being referred to justice mediation (Adult Restorative Justice Conferencing). An example of this may be where a person has assaulted someone on their property. However, if the person who was assaulted was trespassing, there may be a defence if the assault with reasonable and proportional.
If a defence does not apply, then a recommendation may be to pursue a plea of guilty at the first available opportunity. This early plea is considered and will likely reduce the penalty otherwise imposed. If you have been given a Notice to Appear or require legal assistance in relation to a minor matter, we recommend obtaining legal advice from our criminal lawyers in Logan.
Serious Criminal Charges
If you have been charged with a serious criminal offence in Logan, your matter may be required to go to the Beenleigh District Court or Brisbane Supreme Court. While a matter may at first glance be serious, it can take time before it leaves the Magistrates Court (pre-committal). Our role will be to challenge or negotiate the charge during the pre-committal stage to reduce cost and attempt to resolve the matter.
If your intention is to challenge the charge, we may request a evidence on your behalf. Depending on the charge, evidence may include, but not limited to:
- Search warrants;
- Body worn camera footage;
- Witness statements;
- Forensic expert statements; and
- Photographs and CCTV footage.
As your matter progresses, we will obtain this evidence. In some cases, this evidence may be exculpatory. Meaning, the evidence is favourable and may be the basis for the charge being withdrawn or negotiated to a lesser charge. In other cases where the charge or allegation is contested, we may be responsible for:
- Requesting a partial or full brief of evidence;
- Requesting evidence not included in a full brief;
- Challenging the validity of warrant/s;
- Challenging the validity of an arrest;
- Providing legal arguments in relation to the charge or part of the charge; and/or
- Submitting for the withdrawal of charge/s or substitution of charge/s.
In order to do this, we may be required to liaise and negotiate with Logan Police Prosecutions or the Office of the Director of Public Prosecutions in Beenleigh. Depending on the nature and seriousness of your matter, we may also be required to conduct independent investigations to assist with your legal defence. In relation to this, the more time we have to assist you with your matter, the better your defence is likely to be.
