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May 27
handcuffs on arrest warrant

What To Do When Faced With an Arrest Warrant

By Criminal Law

A warrant is a written authority from a justice of the peace, magistrate or judge for the arrest of a named person.

An arrest warrant can be issued by one of those named above based on sworn evidence from a police officer about a suspected offence. Most commonly, these offences will comprise failure to pay a fine, failure to attend court or a breach of parole conditions.

A warrant authorises any police officer to arrest the person named, wherever and whenever that person is found, take them into custody and bring them before a court as soon as reasonably practicable to be dealt with by the law.

Most importantly, if you discover there is a warrant for your arrest, you should seek legal advice from experienced criminal lawyers immediately.

What happens if you are presented with an arrest warrant?

Police procedure when enforcing an arrest warrant is governed by the Police Powers and Responsibilities Act 2000 (‘PPR Act’).

If you are presented with an arrest warrant or learn a warrant has been issued for your arrest, it is important to read it to assess whether it meets some basic requirements.

Firstly, it should have your correct name and address on the warrant. It should also have the name of the applicant for the warrant, usually the investigating police officer, as well as their rank, registered number and station.

It should also state that any police officer may arrest the person named on the warrant.

Finally, it should state the offence you are alleged to have committed. It is sufficient to describe the offence in the words of the law defining it, or in similar words.

Police have the power under the Act to enter a place and stay for a reasonable time to arrest a person named in a warrant.

Arrest warrants are usually issued when the charge is for an indictable offence. They are also issued in preference to a summons or a ‘notice to appear’ when it is feared a person will not voluntarily surrender to the custody of the court; when a person cannot be found to serve them with a summons; or where it is believed the person may harm someone, including him or herself if not placed into custody.

If you are presented with a warrant, it’s advisable not to argue or attempt to evade the police. This behaviour may result in new charges, such as obstructing police.

Get legal advice immediately

You should contact criminal lawyers with years of experience helping those who are the subject of an arrest warrant.

Hannay Lawyers in Brisbane and the Gold Coast have a long, accomplished track record aiding those who face a warrant issued their your arrest.

We will provide prompt, useful advice to help protect your rights once you’re aware of the warrant.

Call us Brisbane Criminal Lawyers as soon as possible.

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 26
seeking a lawyers help

Have You Been Falsely Accused of a Crime?

By Major Criminal Law

Having false accusations levelled against you can be incredibly traumatic.

Besides the psychological implications – which have been said to include high levels of anxiety, depression and sometimes post traumatic stress – there are the legal aspects to consider. How you handle the allegations will go a long way to setting things right. Here are some points you need to know about false allegations.

Making a False Allegation is a Crime in Itself

Making a false accusation is a crime, as long as the person making the accusation knew the allegation to be false, and intended the accusation to result in the investigation of an offence. This law, of course, is designed to dissuade individuals from using the legal system as a tool to further their own agenda. Common examples of this include using allegations as a strategy to claim custody in family disputes or to settle personal vendettas. It’s important that you seek legal advice and discuss the allegations, evidence and options with your legal counsel.

Just Because the Claim is False, Don’t Think It’s Not Serious

The legal system is there to protect you, but until you know all the details of the case against you it’s important to treat the case as serious. Should your accuser have compelling evidence, corroborating witnesses or some other piece of information that makes their story believable, you should consider it important to disprove the allegations, rather than just claiming your innocence. This approach will be much more useful in a legal setting, where your accuser is attempting to send the case.

Make yourself aware of the law

 Regardless of the circumstances, you should familiarise yourself with the law as it relates to your accusation. Too often, people assume that “common sense,” says that they haven’t broken any laws – but this may not be the case. It’s vital that you ascertain quickly whether you have in fact broken any laws, and what actions you should take. Speak to your legal adviser, and tell them all the details; including your relationship with the accuser, your actions during the time of the alleged incident, and any other information that could potentially be brought up by the other party.

The law is there to protect you, but entering into a legal process – even an unfair one – unprepared is not only foolish but dangerous.

Contact our Sydney Criminal Lawyers and Gold Coast Criminal lawyers today for more information.

Want to learn more, click here

Oct 19
drinking while driving

Drug Driving: Could YOU Be Caught Out 

By Criminal Law, General News, Major Criminal Law

The number of drivers being charged with drug driving is on the rise.

Queensland Police have carried out a number of ‘blitzes’ and advertising campaigns designed to educate the driving public. Most people are now aware that roadside saliva tests can be carried out by police in the same way as an alcohol breath test. What is less well known is what substances the tests will identify, and what is considered an illicit drug.

1. Saliva Samples Don’t Test for Everything…Yet

At the moment, the saliva sample will test for known active ingredients in certain drugs –

  • Methylamphetamine – Speed or ice
  • MDMA—Active ingredient in ecstasy
  • THC—Active ingredient in cannabis

Of course, this test is always being improved, and it’s unsafe to assume that other drugs won’t be identifiable through a saliva sample in the near future. There may also be other tests introduced to broaden the number of testable substances.

2. Driving Under the Influence of Prescription Drugs

The Queensland Government warns members of the public not to drive under the influence of ANY substance – including some prescription medications.  It’s important to read the warnings associated with your medications and to take them seriously. Importantly, if you are pulled over by the police, and they ask about your prescription medication then do not make any statement that may incriminate you. The police may rely on your admission at a later date.

3. Breath Test Rules Apply to the Saliva Test

The rumour that you are not legally obligated to provide a saliva sample for drug testing is simply not true. In fact, failing to do so will – in all likelihood – make things much worse for you. Failing to provide a sample will result in you being fined and potentially imprisoned. You may also be charged with driving under the influence of drugs, despite no sample being present.

Drug driving charges are serious; in that, they may come with other drugs charges attached, such as possession, or worse.

If you are charged with any drug offence, ask to speak with a lawyer as soon as possible and contact criminal lawyers Brisban and Gold Coast criminal lawyers at Hannay Lawyers HERE.

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 Lawyers, 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.

Oct 05
man behind bars

Your Rights When Charged Under Criminal Law

By Criminal Law

If you’ve been charged under criminal law, you will be introduced to a process that can feel overwhelming.

The purpose of this article is to help you understand your rights and to offer some generalistic tips. Importantly, if you are charged with a crime then your first step should be to get legal advice; an experienced Gold Coast criminal lawyers will be able to guide you through the process and explain the implications of any actions you may be considering.

  1. This is Not an American Crime Show

In Queensland, unless the police want to question you in relation to a serious offence, they are under no obligation to “read you your rights.” If arrested, you will be told that you are under arrest and the reason or reasons they are arresting you. Regardless of this, you do have the right to remain silent but you still must tell the police –

– Your name and address

Failure to do so may result in additional charges.

Importantly, they cannot coerce a confession from you by making promises or threatening you, nor can they formally interview without informing you have the right to lawyer, a family member or friend.

Follow the directions of the police officers, tell them who you are, ask for the charges in writing and tell them you wish to speak to a lawyer.

  1. Don’t Assume Anything

If you have been arrested and feel that your rights have been breached, remember there is a time and a place for everything. Do not attempt to rectify the situation in the police car, or – more importantly, resist arrest, as this may result in additional charges. If you have been injured during your arrest, make your Lawyer aware and take pictures of your injuries, you may also wish to ask to see a doctor if your injuries are severe.

Most importantly, pay attention to everything so that you can explain it clearly to your lawyer when you speak with them.

  1. Without an Arrest, Nothing Happens

If the police ask you to accompany them to the police station, you have the right to refuse. In fact, the only time you are obligated to accompany police is when you have been formally arrested. Ask the police to clearly explain whether you are being arrested or asked to accompany them to the police station. If it is the latter, tell them you will speak to your Brisbane criminal lawyers before taking any further action. it may be that should you refuse to attend, then they will place you under arrest, at which time you are compelled, if you refuse you may be charged with further offences.

In all matters, do your best to comply with police, pay attention to both the charges against you and the circumstances of your arrest, and ask for legal representation as soon as possible.

Sep 22
woman consulting with a lawyer

Will Any Lawyer Do?

By Criminal Law, Major Criminal Law

Whether you are hiring a Brisbane or Gold Coast criminal lawyers, family lawyer or a corporate lawyer, it’s sometimes hard to compare apples with apples.

After all, every lawyer you find will be suitably qualified, come with some experience and will have the ability to talk to you about your case. They will tell you how confident they are when it comes to “this type of case,” and perhaps even mention a few judge’s names to impress you.

And maybe they are the best person for the job – but does the best salesperson necessarily make the best lawyer?

Spend a bit of time online and you will quickly discover that what may appear to be the right decision has the potential to turn into a choice that costs defendants thousands of dollars, years of their life or both.

Specialisation is Crucial

It is not enough for a lawyer to be able to “talk the talk,” and demonstrate an understanding of the merits of the case; your lawyer should be a specialist. In order to understand the true definition of a specialist – beyond generic claims and website boasting –  we need to dig a little deeper.

Your lawyer should be able to discuss your case in detail and relate it to other cases, both those they have taken part in and others that are relevant to your circumstances. They should be able to not only express their confidence but also demonstrate legal precedent that they will refer to during the case. When offering an opinion, it should be backed by a legal argument, without unnecessary bravado.

This is important, because when in court your argument will be put in front of the judge or jury based on the law as it stands today. All the emotional pleading, confidence and empathy in the world won’t make any difference if the underlying legal framework is not solid.

How this Works Practically

When meeting with your lawyer for the first time, take all relevant documentation, and have an open and honest discussion with them. Even if you haven’t formally hired them yet, ask them about the merits of your case, and why they believe they can help you. Hopefully, they will refer to past experiences, other cases and the capacity of their firm to build a solid and robust defence. Many defendants choose to go with a lawyer who demonstrates obvious empathy for their circumstances. While this is a natural human inclination, it also detracts from the core purpose of your legal counsel – presenting your case as it relates to current legal precedent, not just putting on a show.

When hiring a lawyer, take the time to dig deeper by educating yourself with regards to their experience, capability and skill.

Contact our Brisbane criminal lawyers today for more information.

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