Criminal Lawyers Caboolture

Criminal Lawyers in Caboolture

Thank you for visiting our website and considering if Clarity Law might be a good choice to assist you with your criminal charge in the Caboolture Magistrates Court. We understand the stress and concern you will be feeling about the criminal offence and what will occur. We want to assure you that if you engaged us as your criminal defence lawyer in Caboolture we will do everything we can to make sure you understand clearly what is likely to happen with your criminal charges, how much exactly you will pay for legal fees and to be there with you at Caboolture court to take care of your criminal charges.

Engaging a good criminal law firm can be difficult, there are many great choices out there. What Clarity Law can offer is that your will have certainly of your fees as we will quote you upfront and the majority of our costs are already listed on the website. We also have the criminal law experience you need, we aren’t a firm that does criminal and other things, we just do criminal law and have done so since 2010.

 

What areas of Criminal Law do you undertake?

Assaults

There has been and remains a hardening attitude to assaults by the Queensland courts. Where once the court would have merely imposed a fine they are more likely now to impose a harsher sentence. The courts have continued to state that they will be increasing penalties for violence to act as a deterrence. You need a lawyer and a law firm with extensive experience with assault charges.

Learn more about assault charges

 

Bail Applications

Bail is where a person enters a written bond committing to appear before the court to answer criminal charges made against them, promising to pay the sum of money to the court if the accused does not appear.

Learn more about bail in Queensland

 

Centrelink Fraud

Centrelink fraud is one of the most common commonwealth charges that a person can be charged with. Centrelink fraud which involves false claiming of Centrelink benefits. Centrelink fraud is a serious charge and is viewed as such by courts and prosecutors and can often result in a prison sentence being imposed.

Learn more about Centrelink fraud charges

 

DVO Breaches

The charge of breaching a domestic violence order is on the rise in Queensland. Clarity Law can provide information and guidance to someone charged or accused of breaching a domestic violence order in Queensland. The courts are imposing harsher and harsher penalties due to public pressure so act now and get legal advice to protect yourself.

Learn more about DVO Breaches

 

Drugs

A drug charge in Queensland is dealt with very seriously in the courts.  There are a wide variety of drug offences ranging from simple possession to more serious charges such as producing dangerous drugs and trafficking.  The seriousness of a drug charge depends on the drug involved, the amount of the drug and whether a person was merely possessing drugs or had an intention of selling those drugs.  

Learn more about drug charges in Caboolture

 

Fraud

The term “fraud” covers a broad range of behaviours that fall outside the narrower offence of stealing but are nevertheless designed to deprive someone else of their property, or some interest therein. The common thread that ties these behaviours together is that they are done “dishonestly.” Fraud can also related to dishonest actions in regards to tax debts

Learn more about fraud charges

 

Making a false declaration in Queensland

According to the Statutory Declarations Act 1959, making a false declaration is a criminal offence. Section 11 of the Act states that a person must not intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is 4 years imprisonment.

Learn more about Making a false declaration in Queensland

 

Obstruct or Assault Police

The charge of assault or obstruct police is a very common charge in Queensland and one that people who otherwise have never been in trouble with police are often charged with. If the offence was committed in or near a public place then community service may need to be imposed.

Learn more about obstruct or assault police charges

 

Public Order Offences

Public order offences are intended to penalise the use of violence and intimidation by individuals or groups in criminal law. Rioting, affray, drunk and disorderly behaviour, inciting racial or religious hatred or assaulting emergency workers are examples.

 

Stalking

A charge of stalking is a very complex and serious charge under Queensland law, stalking charges are being laid by police at increasing levels.  Queensland was the first state in Australia to have stalking legislation and it has one of the strictest laws about stalking in Australia. It is an extremely complex area of the law.

Learn more about stalking charges

 

Stealing

Stealing is the term used to describe a broad range of offences in Queensland and includes the term “theft” which is widely used in other legal systems. The definition of stealing is broad enough to include many different situations from shoplifting to stealing from an employer. This is a charge where the recording of a conviction can result in serious ongoing punishment.

Learn more about stealing charges

 

Sexual offences

Sexual offences are obviously some of the most sensitive charges under the law. They can range from indecent treatment charges to sexual assault and rape. It is critical to get fast and detailed advice from a lawyer if you have been accused of a sexual offence as it is incredibly easy to say the wrong thing and that mis-statement could lead to charges being bought, bail being denied and a person found guilty even when they are not.

 

Traffic Offences

We undertake all traffic offences that would lead to an appearance or court or applications for a work licence or hardship licence.

Learn more about traffic offences on our dedicated traffic lawyer website

 

Trespass

A trespass charge will arise when a person either unlawfully enters or remains in either a dwelling or place.

Learn more about trespass charges

 

Weapon Charges

Weapon offences are quite common. Then often deal with either possessing a class of weapon the person is not licenced for or involves the incorrect storage of weapons or ammunition.

 

Wilful Damage

Wilful damage is a charge under section 469 of the Queensland criminal code. Wilful damage is an offence where a person intentionally and unlawfully destroys or damages any property. The maximum penalty for wilful damage is 5 years imprisonment 

Learn more about wilful damage charges

 

Wilful Exposure

Wilful exposure is an offence which arises when a person wilfully exposes his, her or their genitals in a public place, unless that person has a reasonable excuse.

A person may also be guilty of Wilful exposure if, from a private place, that is so close to a public place that it could be seen from a public place, they wilfully expose their genitals so that they may be seen from the public place, without reasonable excuse.

Learn more about wilful exposure offences

 

The police want to talk to me what should I do?

Never talk to the police without first speaking to a lawyer. One misspoken sentence could ruin your life.

Its critically important to exercise one's right to silence when facing arrest in Queensland. There is a common tendency for individuals to willingly speak to the police, often resulting in unintended self-incrimination or harsher penalties in court. Unless your lawyer tells you differently (and they 99% of the time won’t) we strongly advise against voluntarily providing statements to the police.

Learn more here

 

Will I get locked up if I am charged?

If you are charged then the police have to give you bail unless you are in a show cause position or they believe you are too great a risk to give bail.

Bail, in its essence, is a commitment made by a defendant to appear in court on a specified date. Unlike some other jurisdictions, cash or financial sureties are rarely required in Queensland, except in cases of exceptionally serious allegations. The purpose of bail is to ensure individuals attend court proceedings and to prevent the need for every accused person to be held in custody until their case is resolved.

 

I’ve been charged what do I do first?

It’s simple, immediately call or contact a criminal defence lawyer. They can give you immediate advice on what you should do.

Don’t leave things, the longer you leave contacting a lawyer the harder it is for them to get you the best outcome. If you wait then critical evidence might be lost or you might accidently contact someone you shouldn’t and your bail could be rescinded.

 

I did what the police are saying I did but I had a reason

In Queensland, a person may defend a criminal charge by relying on a defence (or combination thereof). A defence (if successful) may either:

  1. Reduce the offence charged to a lesser offence.
  2. Provide a complete defence to the charge, which results in the person being acquitted of the offence.

 

This is my first criminal charge and I’m super worried

Finding yourself facing a criminal charge can be an incredibly daunting experience. It's completely normal to feel overwhelmed and worried about what lies ahead. However, it's important to remember that you're not alone, and there are practical steps you can take to navigate this challenging situation.

A qualified criminal defence lawyer is your best ally during this time. They have the expertise to guide you through the legal process, explain your rights, and help build a strong defence or prepare for a plea of guilty.

 

Is there anyway the charges can be withdrawn?

When facing criminal charges in Queensland, it's crucial to understand that there is often room for negotiation with the police prosecutor or the Office of the Department of Public Prosecutions (DPP). This process, known as case conferencing, aims to achieve three main objectives:

  1. Have the prosecution withdraw or drop a charge.
  2. Have the prosecution downgrade a charge to a less serious one.
  3. Have the prosecution amend the alleged facts to make them more favourable.

Negotiating with the prosecution is a nuanced process that requires skill and expertise. While individuals can represent themselves and negotiate with the prosecutor, it's always recommended to engage a lawyer due to the complexities involved. Negotiations, often referred to as case conferencing, can occur face-to-face, over the phone, or through written submissions sent by the lawyer to the prosecutor.

Learn more here

 

I didn’t do this, what can I do?

In Queensland, as in any jurisdiction, being falsely accused of a crime can be a distressing experience.

The fundamental principles in Queensland are:

  1. Innocent Until Proven Guilty: This bedrock principle means that an accused person is presumed innocent until proven guilty in a court of law. The prosecution bears the responsibility of proving the charges through admissible evidence.
  2. The Burden of Proof: The onus lies with the prosecution to substantiate the charges against the defendant. While the defendant has the option to present evidence in their favour, they are not obligated to do so.
  3. Proof Beyond Reasonable Doubt: This standard dictates that the prosecution must establish the defendant's guilt to the extent that the jury or judge is left without any reasonable doubt about their culpability.

 

What will appearing in Caboolture court be like?

It will be overwhelming for people who have never been to court before.

You have been given a Notice to Appear at court for a criminal offense. You must show up to court on the date specified in the Notice to Appear. The question is, what happens on the first court date? In this post, we will outline the options you have for dealing with your matter. In short, you have three options: seek an adjournment, plead not guilty, or plead guilty. We will discuss each of these options in turn.

Option #1 – Ask for an Adjournment

You are not obliged to enter a plea (of either guilty or not guilty) on the first court date if you are not sure about the implications of entering a plea. You are entitled to ask the court to adjourn your matter to a later date. If you ask for an adjournment, the charge remains before the court. You will need to return to court on the later date.

Option #2 – Plead Guilty

If you have already decided to plead guilty, you have the option to enter your plea on the first court date. For some criminal offenses, the court will finalise your matter as soon as you enter your plea. If the charges are more serious then the court might set another date for the charges to be heard or if the charges are very serious it will need to be committed to the District or Supreme Court for finalisation.

Option #3 – Plead Not Guilty

If you decide to fight the charge, you may plead not guilty on the first court date. By pleading not guilty, you are putting the onus on the court to decide whether you have committed the offence that the police allege you committed, or not. The only way that the court can make this decision is by means of a trial. In the Magistrates Court, a trial is referred to as a “summary hearing”.

 

How does the court decide what the penalty will be if I plead guilty?

When a person is pleads guilty of a criminal offence in Queensland, the court will decide on a penalty or sentence. The Penalties and Sentences Act outlines the factors that the court must consider when determining the appropriate penalty or sentence. These factors include:

  • The nature and seriousness of the offence.
  • The offender’s criminal history.
  • The offender’s personal circumstances.
  • The impact of the offence on any victims.

The type of penalty or sentence imposed will depend on the nature and severity of the offence, as well as the offender’s personal circumstances.

It is important to note that the court must follow certain guidelines when imposing a sentence. For example, the court must ensure that the sentence is proportionate to the seriousness of the offence and that it is not excessive.

If you need further legal advice, please contact us.

 

My main concern is the recording of a conviction

The court takes into account various factors when deciding whether to record a conviction. These include:

  1. The Nature of the Offence: The seriousness of the offence plays a significant role in the decision-making process. More severe crimes are more likely to result in a recorded conviction.
  2. The Offender’s Character: The court considers the character of the offender, including their past behaviour and any previous criminal history.
  3. The Offender’s Age: The age of the offender at the time of the offence is also taken into account. Younger offenders may be less likely to have a conviction recorded, depending on the circumstances.
  4. Circumstances of the Case: The court considers all aspects of the case, including any mitigating or aggravating factors.

Implications of recording a conviction

The conviction will appear on a person criminal history. This could affect:

  • A persons job or trying to gain employment
  • The inability to travel to some countries
  • The ability to get a visa to live in Australia
  • The ability to get approval to commence certain work eg in the medical field, working with children etc

Learn more about the difference between a conviction and a non-conviction

 

My criminal charge is really sensitive what can I do?

If you prefer you can email the firm’s founder Steven Brough directly on This email address is being protected from spambots. You need JavaScript enabled to view it.

 

A family member has been charged can I call and discuss the situation?

Yes, please do.

We often get calls from parents, partners etc for people who have been charged especially if they are young or if bail has been denied by the police.

If bail was denied by police or if the family member has been taken away by police then its critical to get immediate legal help to them. A lawyer can call the police station or watch house and find our what’s happening, they could attend and talk to the accused and if necessary make a bail application to the court if the police denied bail.

Learn more here

 

Will my charges be reported on?

Australia operates under the general rule of openness, a fundamental principle of the judicial system. This rule dictates that criminal court proceedings are generally open to the public and can be freely reported on. However, there are exceptions, primarily in cases involving Domestic Violence and matters concerning Children's Courts, or when children or sexual assault victims are giving evidence.

Learn more here

 

How much do you charge?

Our prices are listed on our website.

If you are still unsure give us a call and we can give you a written quote. All our fees are fixed fees so you will have certainty of what you will spend.

 

FAQ’s

Can I just ring and get a quote so I can compare a number of lawyers?

Sure, we always prepare a quote for our work so we are more than happy if you compare us to other firms.

 

I’ve been told an arrest warrant is out of me and the police have come to my door

You need to get immediate legal advice - Learn more about arrest warrants

 

How am I meant to judge who the best criminal lawyer in Caboolture is for me?

It’s hard, you can ask friends and family but many won’t know a criminal defence lawyer or maybe they do but don’t want to let you know they once needed one. The best way is study their website, their social media posts, their blog posts and most importantly their reviews.

 

Do you do legal aid?

No we don’t.

 

Do you only do matters in Caboolture?

No, we cover all courts from the Gold Coast to Hervey Bay. We have 7 offices in Queensland and can often help clients outside of South East Queensland.

 

I’ve already adjourned the matter can you still help me?

Yes, that’s no problem give us a ring or book a time for a phone conference.

 

My matter is on tomorrow in Strathpine court can you act for me at the last moment?

We can often help at the last minute. Give us a call now.

 

Wont I look more guilty if I engage a criminal defence lawyer?

No, you will look smart. The Magistrate wants people to have lawyers as they know everything will be prepared correctly. Even the prosecutor will prefer people to have lawyers rather than self-represent.

 

People talk about a QP9 what is that?

Learn more here

 

I’ve missed my court date, what can I do?

Learn more here

 

Are you really a top criminal lawyer in Caboolture?

Look there are a number of great lawyers around Caboolture. Have a look at our blog and see how experienced we are, look at our reviews which are all true and not bought like some other lawyers do. Give us a call and decide if you like what you hear and how we treat you or see our founder Steven Brough’s journey to the law.

 

How do I find what days the Caboolture Court hears criminal charges?

Click to find the Caboolture court timetable

 

I want to contact the Caboolture prosecutor but cant find their number?

Click here to find the phone number for the Caboolture prosecutor

 

How can I find my court date?

You can look up the criminal case database or ring the court registry.

 

Where is Caboolture Court?

30 King Street

Caboolture Qld 4510

Map

 

How do I contact the Caboolture court?

Phone

(07) 5294 8000

Email

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Where is your office located?

North Brisbane Serviced Offices

3/22-24 Strathwyn Street

Brendale 4500

Phone: 0734850184 

Please always phone ahead to book an appointment.

 

Our Lawyers

Every one of our lawyers is extremely experienced appearing in the Caboolture Magistrates Court every week representing people on a huge range of criminal charges from traffic offences to drug charges, assault charges and stealing and other criminal offences.

steven brough criminal solicitor

Steven Brough

russell tannock criminal lawyer

Russell Tannock

jacob-pruden-criminal-lawyer.jpg

Jacob Pruden

belinda smyth criminal lawyer

Belinda Smyth – Client Services Manager

Between our lawyers we have appeared in court thousands of times representing clients with criminal charges.

 

Why should I choose you and not just represent myself?

We understand that many people do just represent themselves in court rather than engaging a criminal law firm. The duty lawyer will often represent people for free however understand that the duty lawyer is often very busy and can only spend a few minutes with each defendant. They cannot possibly fully prepare each matter and consider all the variables.

We get calls every week from people who have represented themselves and had a terrible outcome and are now desperate to try and do something to overturn the decision. Just some of the reasons to engage Clarity Law as your criminal lawyer includes;

  1. We have appeared in Strathpine hundreds of times this means we know what the Magistrates want to hear to minimise the penalty
  2. We can often get no conviction recorded so you are not impacted financially in the future by having your job prospects restricted or travel plans affected due to having a conviction recorded
  3. We are there to look after your interests, neither the Magistrates nor the Police Prosecutor is going to do that, you need someone on your side
  4. We can take you through the whole process so you are not worried what will occur in Caboolture court as we would have explained everything to you and will be with you at court to assist you. This will dramatically reduce your stress levels
  5. Engaging us shows the court you are taking your charges seriously

 

Our Experience

Since 2010 we have been representing people throughout the Caboolture region who have been charged with criminal offence and needs a good criminal lawyer to represent them. We aren’t a criminal law firm that does criminal law as just one area of law, we do criminal law exclusively.

Our client’s often come to us nervous, worried and needing answers. This is not a time for uncertainty over your future nor the costs you will pay. The stress that a criminal law charge causes to people can be overwhelming, having a lawyer to help will give you a lot of relief.

 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

 

If I contacted you what would occur?

If you contact Clarity Law then Steven Brough the firm’s founder or our client services manager Belinda Smyth will take the call or receive the email. They have almost 50 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. You won’t need to explain everything to a receptionist just so they pass the message on to someone that can help you. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your criminal charge, all at no cost and no obligation.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results.