The most consequential hour in most criminal matters happens before anyone has spoken to a lawyer — in a police interview room. If police have contacted you, call us before you attend.
Before a police interview
In Queensland police can require you to state your name and address in defined circumstances, and failing to comply is itself an offence. Beyond those specific requirements, in most situations you are not obliged to answer questions.
Declining to answer is not an admission of guilt and generally no adverse inference can be drawn from it. What causes damage is the informal explanation — a half-remembered timeline, a detail that turns out to be wrong, an admission to something smaller in the hope of avoiding something bigger. Each becomes a recorded statement that cannot be withdrawn.
We contact the investigating officer to find out what is actually alleged, advise whether to participate, and attend with you. A person under 18 or with impaired capacity has additional protections, including a support person. If English is not your first language, ask for an interpreter — accepting a rough understanding is how misstatements enter the record.
Bail
Where bail is refused or conditions are unworkable we make an application. Conditions matter as much as release itself: reporting, curfews and non-contact conditions all have to fit around work and family, and breaching a condition is a separate offence.
Traffic and drink driving
Licence consequences are often what affects a client most — more than the fine. We advise on disqualification periods, eligibility to apply for a work licence where the circumstances allow, and the effect of accumulated demerit points.
Domestic violence orders
An application for a protection order is a civil proceeding, but the consequences are serious and a breach is a criminal offence. An order can be consented to without admissions — whether that is the right course depends on the facts and on what else is on foot, particularly family law proceedings.
Court representation
We appear in the Magistrates Court and brief a barrister for matters that proceed to the District or Supreme Court. For serious charges the committal stage is where the strength of the prosecution case is tested.
Where a plea is appropriate, preparation still matters: references, rehabilitation, and the impact a conviction would have on employment or travel are all relevant to sentence, and in some cases to whether a conviction is recorded at all.
Practical points
- Write down your own recollection of events the same day, and give it to your lawyer rather than anyone else
- Do not contact any witness or complainant, particularly where a condition prohibits it
- Do not discuss the matter on social media or in messages — they are readily obtained
- Bring the charge sheet, notice to appear or bail undertaking to the first appointment
Advice is available outside business hours. A matter that starts on a weekend does not have to wait until Monday.
General information only. This page describes the law in general terms and is not legal advice for your situation. Time limits are strict and the law changes. Call BNE Lawyers on 0423 007 888 to discuss your own circumstances in English or Vietnamese.