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Dec 03
pulled over by a police officer

What To Expect If You Are Pulled Over By the Police this Christmas

By Traffic Offences

There are a number of myths associated with breath testing and it’s important to understand – not only your rights – but also your obligations.

Here are a few of the common breath and drug testing myths:

Myth #1 – You Won’t Be Stopped Unless You Do Something Wrong

The police can pull over anyone and for any reason. You are obligated to provide a saliva sample for a drug test or a breath sample two gauge alcohol consumption. The police do not have to give a reason why they pulled you over, and the fact that you were driving safely is not a defence.

Myth #2 – If You’re in an Accident and It’s Not Your Fault, You Won’t be Breath Tested

In the case of an accident, everyone involved is likely to be breath and/or drug tested. As per Myth #1, the police do not need to provide a reason why they are testing you, and the fact that you didn’t cause the accident directly is not relevant. Even if you are injured, the police will likely ask you to provide a specimen.

Myth #3 – You Can Call Your Lawyer Before Providing a Sample

The cliché American television show, “I’m not doing anything until I’ve spoken to my lawyer,” does not apply to roadside tests. In fact, any attempt to delay the providing of a specimen may result in you being arrested. Furthermore, if you have been drinking or taking drugs, it’s unlikely that a short delay will have any impact whatsoever on your results.

Myth #4 – You Can Choose the Type of Specimen You Provide

The police hear this one all the time; “I’m not prepared to provide a breath sample immediately, but I’m happy to accompany you back to the police station to provideed a blood sample.” This is based on a couple of assumptions – that the delay will have a positive impact on the result (refer to Myth #3) and that the police officer will most likely not have the time or inclination to take someone back to the police station.

You are legally obligated to provide the sample that police ask for and failing to do so will likely result in arrest.

The Christmas season is a time of parties and celebration. It’s also when police are at their most vigilant, so make sure you take every precaution to avoid a drink-driving or drug conviction this festive season.

Contact our Gold Coast criminal lawyers today for more information.

Nov 09
canine and the handler

A Police Search of Your Property – What You Need to Know

By Criminal Law, General News, Major Criminal Law

The police do not have limitless rights when it comes to searching people or their property.

Laws are in place to protect everyone – including you – from law enforcement officials overstepping their bounds. The following will give you the basics of your rights when it comes to a police search of your property.

The Police Don’t Always Need a Warrant

There are circumstances when the police can enter your home without requiring a warrant. These include –
 – Handing over or serve a legal document
 – In urgent circumstances, for example, injury to a person
 – To investigate a traffic offence, for example, to take a breath test for alcohol
 – To catch someone who has escaped from prison or from being arrested
 – To search for evidence if they reasonably suspect it may otherwise be hidden or destroyed
 – To arrest someone
 – To reach a crime scene
 – To detain someone under an anti-terrorism ‘preventative detention order’—if they reasonably believe that the person they’re looking for is on your property
But if none of these circumstances applies, and should they not have a warrant, you have a right to refuse entry to the police. All you need to do is clearly state that you do not grant permission for the police to enter your property, and if possible say so in front of a witness. Should the police still insist on entering, or if you disagree with the validity of their claims, contact your lawyer immediately.

Warrants Come with Terms and Conditions

Search warrants do not give the police blanket authority to do anything they want inside your home. The warrant will explain exactly what the police are allowed to do and may include digging up a portion of your property, opening locked items if needs be, searching individuals on the premises, or removing wall or ceiling panels. However, if it is not included on the warrant, then the police are not allowed to do it without additional authorisation. Ask for a copy of the warrant, and contact your lawyer.

The Police Can Only Stay for a ‘Reasonable’ Time

This means, that if the warrant to search your property says that the police can enter your home and arrest an individual, they can only stay for the time required to carry out that activity. It could be said that if the police then sit down and begin questioning the individual, that they have gone past the reasonable allocated time and could be asked to leave. In these circumstances, contact your criminal lawyer and ask their advice.

Nov 02
supreme court of western australia

What to Expect When You Go to Court

By Representation

Going to court involves a lot of rules. While many of them may appear archaic or pointless, they should be taken seriously. There are certain protocols that all members of the public must adhere to, as there are consequences in failing to do so that may include fines or incarceration. The following is a basic list of points on what you should expect when attending court.

You Can Represent Yourself, But It’s Not Recommended

You have the right to represent yourself in any of Queensland’s courts as a ‘self-represented litigant.’ However, there are significant downsides, including not knowing processes, which documents to file, or the legal intricacies of your case. We recommend that you seek initial legal counsel to help you decide whether representing yourself is a wise decision.

A Courtroom is a Formal Setting

When you arrive at court it is expected that you will be on time and well presented. You don’t have to wear a suit, but you should have tidy clothing that is well laundered. Additionally, don’t chew gum or eat food while in the courtroom, and pay close attention when anyone is talking to you. When the judge speaks to you, you should stand and address them as “your honour.”

All of this is important because if you should, for example, miss your allocated start time, the judge may issue a warrant for your arrest.

Arriving at Court

The courthouse can be a busy place, but there are plenty of people available to help you out, and noticeboards and television screens to point you in the right direction. If you aren’t sure of anything, speak to a member of staff rather than making an assumption that could put you on a negative footing. As a guideline –

If you are attending the Magistrates Court, you should wait outside the courtroom and you will be called.

If it’s the District Court, ask the bailiff when the judge will be ready to hear your case.

In the Supreme Court, you should go into the courtroom and wait. Ask the bailiff for approximate times.

In all instances, your lawyer is there to guide you through the process. They will meet with you, answer any of your questions and make sure you are in the right place at the right time.

Our Sydney Criminal Lawyers help you today with more information.

If you are attending court and would like some advice, please reach out to us HERE, or call us directly.

Oct 12
caught in possession of illegal substance

Possessing Dangerous Drugs – What You Need to Know 

By Criminal Law, Major Criminal Law

Possessing Dangerous Drugs – What You Need to Know

Drug possession laws have been designed, over time, to remove any potential loopholes. They are intentionally broad and include a significant amount of leeway, allowing law enforcement officials to make assumptions when building a case against you.  Of course, the following article is generic advice only and does not take your personal circumstances into consideration. If you require legal assistance, please contact us directly.

Here are just a few things you need to know about the possession of dangerous drugs, and the related laws:

1. Possession Means “Control” and “Knowledge”

In court, the onus will be on the prosecution to prove that you had knowledge of a dangerous drug, and that you also had control of it. Where many defendants get confused is the definition of control. For example, the drug does not need to be on your person in order for control to be proven. Nor does it need to be in your primary residence, or personal motor vehicle. According to the law, control simply means that you have the ability to gain physical access to it.

Dangerous Drugs are Broadly Defined

While you are probably aware that dangerous drugs are, “graded,” for their severity, the law has been tailored to accommodate for drugs that don’t fall into any of the existing categories. For example, if you are found to be in possession of a drug that has a similar chemical makeup, effect, or other pharmacological similarities, then it can still be defined as a dangerous drug. In other words, don’t think that just because the type of drug you are in possession of isn’t a chemical match for any of the drugs that exist on the list, that you won’t be convicted of a crime.

There are Defences Open to You

The law is not one-dimensional, and there are opportunities for you to defend yourself. This may include proving that the drug was not, in fact, dangerous, or that you were forced to possess the substance against your will. You may also be able to take the approach that you weren’t aware that the substance you were in possession of was dangerous.

At Hannay Criminal Defence, we have extensive experience in drug and banned substance cases.

To talk to one of our team about your case and the avenues open to you, please contact our Brisbane criminal lawyers.

Jul 27
lady justice

Finding the Best Criminal Lawyer for You

By Criminal Law

When it comes to hiring a criminal lawyer, there is no shortage of options.

A quick search on Google will yield hundreds of results in your local area, and many more nationally, all claiming to be the very best criminal lawyers in the country. So how do you select the right criminal lawyer for you?

  1. Specific Experience

Criminal law is a broad discipline. In fact, attempting to name all the crimes in existence and their variants would be an enormous task. When seeking a Brisbane criminal lawyers, look for someone who has specific and meaningful experience in the area of expertise you require. Ask if they have taken on cases like yours before, and what they see as the key to success in your particular scenario. “Experienced in criminal law,” is far too generalistic, you are seeking someone who understands the specifics of your particular case.

  1. Flexibility and Maturity

Some lawyers are eager to get to court; their speciality may be in litigation or they may enjoy the limelight. Likewise, some lawyers will avoid court at all costs, given the option. Seek out a lawyer who will look at a case, and all the possibilities, and make decisions based on their merits. Perhaps there are more options available to you than going to court and arguing your case. A lawyer with flexibility and understanding will seek out the best possible avenue, rather than have a one-track mind.

  1. Local Knowledge

The very best criminal lawyer with specific experience and an eagerness to get you the best possible outcome may still not be the right person for the job. Do they know the judges? Do they have an understanding of local law? This is especially important in Australia, where different states have different laws, and local lawyers have a knowledge of local judges.

Local knowledge can be the difference between a good result and a disastrous one.

  1. Trust

Your lawyer must be someone you trust. In criminal cases you are going to have to be open and honest with them, talk about uncomfortable scenarios and potentially put your freedom in their hands. Make sure that when you sit down with your lawyer, you feel comfortable talking to them and that they are someone who you could work with. Ask about the case, talk about their approach and experience, and decide whether they are the right person for you.

A good Gold Coast criminal lawyers is someone who can put you in the best position to get a good result. Don’t gamble with your freedom and make the effort to find that person and have them in your corner.

Jul 24
female lawyer drafting legal document

Do I Need a Lawyer?

By Criminal Law

If you’ve been in a legal scrape and you’ve probably asked yourself this question. After all, lawyers cost money and if you can do it yourself, why wouldn’t you?

Here are some examples of when you should contact your lawyer.

  1. When You Are Not Sure What Action to Take

Perhaps you’ve been charged with a crime that you don’t entirely understand. Maybe law enforcement are insisting that you give some kind of statement, or offer some additional information. Perhaps you feel that your rights have been impinged in some way.

Your lawyer’s job is to clear up legal misunderstandings and offer you some clarity. They will explain the next steps, give you options and tell you what to say and – perhaps more importantly – what not to say.

  1. When You Don’t Trust the Situation

The most common example of this is when you are told, “you don’t have to get a lawyer involved just yet.” Statements like this are carefully worded; of course you don’t have to get a lawyer involved, it’s entirely up to you. But not having legal counsel present gives law enforcement time to talk to you, and get you to say things that could potentially incriminate you or enhance the case against you. Other warning statements include, “of course you can call your lawyer, let’s do that shortly,” and other delaying tactics. Don’t say anything, contact your legal counsel and wait for them to arrive. Remember, you are entitled to have a lawyer present, and asking for one is not in any way an admission of guilt.

  1. When You Need Support

Being arrested, or asked questions by police can be an intimidating experience. Maybe you are worried about what you are going to say, or perhaps you don’t know what to expect. Your lawyer can act as a support person for you, someone who understands the the process and can walk you through it. Sometimes it’s nice having someone in the room with your best interests at heart.

  1. When You are Going to Court

Self-representation is almost always a mistake. Even if you are incredibly articulate, with a good basic knowledge of the law, the advantage always lies with the side who has a professional as their representative.

Litigators salivate at the prospect of not having to deal with an experienced opposition council, because the complexities of the law – rather than just the merits of the case – can be used as a tool. Many good cases have been lost because defendants chose to represent themselves, assuming that their argument required no interpretation or legal precedent. Something that is regarded as ‘common sense’ by a defendant, may not be by a judge or jury.

When deciding whether you need a lawyer or not, consider both sides of the argument. Not only how much money you will save by not having legal counsel, but also how much money or time you may lose through not making the call. For the sake of a few dollars, it sometimes better to have someone by your side, rather than end up in jail or with a crippling fine.

Contact our Brisbane criminal lawyers today for more information.

Jun 14
Gold Coast Criminal Solicitors - Hannay Criminal Defence

Hiring a Criminal Lawyer and What to Look For

By Criminal Law

Hiring the right Brisbane and Gold Coast criminal lawyers for a criminal case can be the difference between achieving a satisfactory outcome, and a result that can tear your life apart.

Just because you know someone and trust them, doesn’t mean they are qualified to handle your specific matter. Likewise, you don’t want to work with someone who is capable, but unethical.

Here are some points to finding the right person to work with:

Trust

Before you decide who to work with, you may wish to spend some time with your potential lawyer to make sure they inspire confidence.  Prepare a list of questions before you meet for the first time, and be honest and upfront.

“I am speaking to a few lawyers because I want to make sure I have the best possible representation. If you don’t mind, I’d like to ask you a couple of questions.”

Seek their honest opinion on your case, and get their “feel” for how things will play out. Sometimes it’s worth spending a bit of money to make sure you have the right professional on your side.

However, the right lawyer may not be someone you get along with personally, or even like very much. Maybe they come across as brash or condescending – but don’t become distracted by what you see as distasteful personality traits. Your lawyer is not your friend, and just as you don’t choose a doctor based on their manners, make sure you are selecting the right lawyer for your case based on the trust in their specific expertise and experience.

Experience

Begin with experience; does your potential lawyer have experience in cases like yours? What similar cases have they been involved in recently, and were they able to produce good results? Can they produce testimonials or references from satisfied clients?

Process

The legal process will be explained to you, but make sure you ask about your lawyer’s process also. If you decide to work with them, how will the case proceed? Will you need to speak in court, and if so will they provide coaching? How will evidence be gathered? Will they need to be present during police interviews? What do they see as potential opportunities and pitfalls in this particular case? Perhaps most importantly, if you have not been involved in a court case before, then what should you be made aware of that you may not know?

Costs

Go beyond the hourly rate. Ask how much you will likely need to budget for the entire case, and what additional costs may be incurred. If your budget is limited, you can ask your Sydney Criminal Lawyers to tell you when you’ve reached a certain billing level in order to avoid unpleasant surprises. Remember, your lawyer is providing a service at a set hourly rate and needs to know if you have any financial restrictions upfront – complaining about billings after the case is complete is far more painful for both of you than having an open and honest conversation upfront.

Contact our Brisbane criminal lawyers today for more information.

Jun 07
Drug Charges Solicitors Brisbane & Gold coast

Drug Charges and What You Need to Know

By Criminal Law

Drug laws in Australia are both strict and complicated.

Numerous legislative changes have meant that it is difficult to write a set of specific guidelines without an understanding of individual circumstances. Therefore, we believe the most important recommendation you can receive is to seek qualified legal advice.

Having said that, here are some points you should be aware of:

  1. Any Quantity is Illegal

In Queensland, it is against the law to possess an illegal drug in any quantity. This is important because saying, “but it was only…” could be seen as more of an admission than a defence. However, if you meet a certain criteria – minor charge, good criminal record, etc – then you may be eligible for drug diversion. This means that you will be released on a good behaviour bond, with certain conditions in place. You can expect to attend some form of rehabilitation and may be required to make yourself available for drug testing.

  1. You May Not Get a Criminal Conviction

This is entirely at the discretion of the court, but there may be an opportunity to maintain your clean record. Importantly, just as will diversion, there is no guarantee of this being an option, and if you have multiple drug offences, a criminal conviction is more likely.

  1. Don’t Try to Work Around the Law

As mentioned, drug legislation is incredibly complex and has been designed to be robust. For example, you can be charged with possession if you have knowledge and control of the drug; meaning that you don’t necessarily have to have it on you to be charged.

The most important thing is not to make assumptions – your lawyer knows what to say, and what could be potentially incriminating.

  1. Know What You’re Being Charged With

It’s important to speak to a lawyer in order to gain an understanding of the specific charges against you. There is a massive difference between being charged with possession of a drug, and being charged with supplying dangerous drugs. In both cases, definitions are intentionally broad enough to ensure there are no gaps in the law. The role of your lawyer is to understand what constitutes a viable defence and to build a strategy based on that.

  1. Intention Matters More Than Action

The law is so broad that it may not even matter if you never supplied drugs to anyone, just that you had the intention of doing so. To take that one step further, you could potentially be charged with supply or possession if you had what you believed to be drugs, and intended to sell them, despite the fact that what you thought were drugs, were not.

Understand that our drug laws have been created by people who understand the types of defences that will be presented to work around the law. If you are arrested and feel the inclination to say something to the police or anyone else, remember that it may be used as an admission of guilt in court, rather than an intelligent defence. Your first call should be to your lawyer, and until they arrive, it may be wise if you politely decline to answer any questions.

If you would like to learn more and speak with our Gold Coast Lawyers at Hannay Criminal Defence please click here.

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