They don’t call this the information age for nothing. In mere seconds, pages upon pages of details on everything imaginable are instantly available. While obtaining these various particulars is a great thing in terms of learning and education, the internet also makes it easier for acquaintances, employers and others to learn information about you that you’d like to keep personal.
Perhaps nothing is more personal than whether you’ve broken the law. Depending on what the circumstances were at the time, such as if you pleaded guilty or were charged for a crime but not convicted, these instances can go on your criminal history. Employers can then use databases to find out more about the nature of the illegal action committed and whether you were formally charged.
So it raises the question: How do you go about removing a criminal record so you can move forward and prevent the past from jeopardising your future? There’s no one single answer. But before we get into the specifics, you may wonder how you can even check your criminal history.
If you’ve had dealings with the law – whether criminal, civil or traffic-related, for example – the incident in question may appear on your background. It’s not a guarantee. The only way to know for sure is by seeing for yourself. However, you’ll need to do more than searching for it in Google or some other online search engine. The quickest, most comprehensive method is by going to your local police station and formally requesting a copy. There are forms to fill out and there’s usually a fee.
It’s possible that you may not even have a criminal record, even if you’ve pleaded guilty for the incident and the court accepted it. In short, don’t make assumptions about your criminal record. Speak to a lawyer so you know your rights.

Secondly, it’s helpful to understand what removal – or expungement, to use the more technical term – actually means. According to Queensland law, a criminal record may be considered expunged even if it still shows up on your criminal record. This means that it’s illegal for an employer to exclude you from consideration for a job if it can be established that a conviction was cleared. The only way to know for sure is to apply with the Department of Justice and Attorney General. They’re the ultimate decision maker as to what can and can’t be removed from the record.
However, if you’d like to consult with a lawyer before applying, we’d be happy to help here at Russo Lawyers. Success depends on when the offence occurred and whether it was considered an eligible offence, as defined under the Expungement Act of 2019.
Patience pays off
As previously referenced, whether you have a criminal record or not largely hinges on whether there was a conviction and when the incident in question occurred. In other words, expungement from the record may only be possible after a certain amount of time has gone by between now and then. This is otherwise known as the rehabilitation period. Just how much time must go by varies quite a bit, so be sure to talk to a lawyer for more specific details. For example, the rehabilitation period for domestic violence convictions typically lasts longer than for those where you were tried and convicted of driving under the influence of alcohol.

The length of jail time plays a role
Some operate under the false assumption that since they were placed in jail for a specific conviction, the incident will stay on their criminal record forever. That’s simply not the case, which again is why it’s so important to know your rights. For example, if your jail sentence was for less than 30 months, it will go away on its own. 
How long this is not only depends on where the alleged criminal action took place. For instance, if you were convicted in the Supreme or district court as an adult in Queensland, the period is 10 years. In other instances, it’s five years. It may be longer than that, though, if restitution was ordered to be paid and it wasn’t.
Similarly, for Commonwealth-related offences that occurred while you were a child (under the age of 18), the time that must pass is confined to five years.
The tricky part of all this is that even if you successfully remove an incident from your record, you may still need to mention it. For example, if you were ever found guilty or charged with breaking the law and are asked about this, you still need to affirm that you did even though it was expunged.
Queensland law is complicated. But at Russo Lawyers, we can help put the law on your side so you know your rights and put yourself in the best possible position to succeed. If you have questions about this or anything else pertaining to legal services, please contact us for a no obligation consultation.
The post Understanding what you can remove from your criminal record appeared first on Russo Lawyers: Brisbane CBD Law Firm.

When you apply for a job opening, your prospective employer will want to obtain as much information on you as possible to ensure that you are the best person for the position.
Among the details they will likely want to know if you have ever had dealings with the law. A National Police Check makes this possible, which provides specifics on whether you have ever had any findings of guilt or traffic infringements for which you were deemed culpable.
This is something that you may already know about, but a common question that people have is whether intervention orders appear on police checks.
The short answer? It depends.
But before we get into the specifics of what circumstances would lead to an intervention order being listed, it is helpful to understand what they are exactly and when one might be filed.
What is an intervention order?
Formerly known as restraining orders, intervention orders serve as filings submitted to and approved by a court of law that prevent you from engaging in certain types of behaviour. These behaviours may include, but are not limited to, the following:

Harassment
Physical assault
Damage to property 
Actions that cause mental or emotional harm
Entering or going near a specific residence or place of employment

While all intervention orders are to be taken seriously, some are treated differently than others. For example, amendments to existing laws were introduced in Australia back in 2017 that made all domestic violence-related intervention orders nationally recognised and enforceable. Previously, they were applicable only to the state or territory in which they were issued.

“Police checks are much more specific and usually do not show all offences."

Also, even though there are similarities between police checks and criminal record reviews – much like strict liability versus absolute liability – they are not the same. Your criminal record documents all offences for which you have been found guilty over the entirety of your lifetime. Police checks are much more specific and usually do not show all offences. What appears hinges on the act as well as where and when it was committed.
Furthermore, police checks are only good for the time in which they are issued. In other words, an entirely new one will be needed for subsequent reviews requested by employers.
We mention all this because the question of whether an intervention order appears on a police check is dependent on the purpose of the intervention order. Each client’s situation is different, so it is helpful to go to a lawyer so you can find out how to best proceed.
Violating an intervention order
Intervention orders can and have been abused; it is not uncommon for them to be filed by individuals, even though there was no legal reason for them to do so when new evidence comes to light or potentially absolvable information was available yet was kept under wraps. This is the reason why everyone is entitled to a defence and everyone has the fundamental right to be presumed innocent until deemed otherwise.
But say, for example, someone has an intervention order placed against you and it went through all the appropriate chains of command. However, in your view, the order is fundamentally without merit. Even though you may feel this way, it is incumbent upon you to abide by the order. The reason why is simple: violating it is considered a criminal offence under Australian law. In so doing, breaching the intervention order will likely appear on a national police check, making it a potential red flag to employers performing their due diligence. Some jobs require a more comprehensive assessment than others, but regardless, violating an intervention order is one of the specific times in which it will show up.

Failure to appear in court
When you receive a summons to go to court, that is something you don not want to take lightly. In short, a summons is not a request – it is a directive that compels you to show up and to do so by the date and time listed. Regardless of what you think about the intervention order’s basis, it is important that you heed it and go to court at the stipulated time. Not doing so could also lead to the order appearing on a police check.
Your reputation is something that we at Russo Lawyers take extremely seriously and is worth fighting for if you feel you have been aggrieved by having an intervention order filed against you in error. We have over 600 satisfied clients and won hundreds of cases over our 30-plus years of practising law in Australia, with our specialties in criminal law, traffic offences, domestic violence offences and administrative law. We give you our guarantee that we will do everything in our power within the confines of the law to provide the defence that you deserve so you can clear your good name. Before you go to court, talk to us.
For more information, please do not hesitate to reach out to us for a free consultation with no strings attached. We will be happy to help in any way we can.
The post When might an intervention order show on a police check? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

The criminal justice system in Australia is filled with many different complexities and nuances. This fact alone makes retaining a lawyer a smart move so you are always aware of your rights. One aspect that you may have at the very least heard about is bail. If you are ever granted bail, it is important that you follow the terms and conditions that allow for your release to the letter.
What people often fail to realise until it is too late are the consequences of violating their bail conditions, which not only can nullify the bail that is granted, but also snarl the existing charges you have pending.
Here, we’ll discuss what is considered a breach of bail conditions and the resulting ramifications so you can better understand why it’s so important to follow the rules. But first, here is a quick refresher:
What bail is and is not
If you are ever taken into custody for a crime you did or did not commit, the granting of bail can keep you out of jail. However, this is contingent upon you agreeing to certain preconditions, which typically include reporting to a police station, remaining at a certain street address and appearing in court on or by a specific date.
It’s important to understand that bail is not a right. In other words, it is not something that you can obtain purely for being a citizen in Australia who is presumed innocent until proven otherwise. The police or a judge grants bail on a case-by-case basis, depending on whether you have a place to live, whether you have gainful employment and if you have a criminal record, among other factors.
Failure to appear in court
One of those factors is whether you neglected to come to court by the date specified after a previous encounter with the law. Remember, bail above all else is an agreement. In return for an interim release from prison, you consent to follow the rules and regulations of the conditional release. By not appearing in court, you are breaking the law, and in doing so, the violation will go on your record.
Aside from reducing the chances you will ever be granted bail again, failure to appear in court to face the charges may result in a warrant out for your arrest. In fact, a warrant may not need to be issued. This is made possible under the Police Powers and Responsibilities Act, which was signed into law in 2000. It states:
“It is lawful for a police officer to arrest the person, without warrant, if the police officer reasonably suspects the person is likely to contravene, is contravening or has contravened the condition for the person’s appearance or another condition of the undertaking on which the person was granted bail."
In short, non-compliance means you are surrendering an obligation police officers are required to obtain – a warrant – in order to arrest you. Additionally, you may be subjected to a fine in the thousands of dollars and have years added to your jail sentence. Even if you are found not guilty of the original crime for which you were accused, you may have to serve time for not coming to court.
Not attending drug or alcohol assessment
Depending on the nature of the crime for which you are accused, such as substance abuse, you may be required to go to an alcohol or drug rehabilitation program. Here as well, this is not something that you have a say in – you must attend even if you do not feel it is necessary. In rare cases, you may have a legitimate reason for not going. But it is important to emphasise that these scenarios are the exception, not the rule.
As a result of not going or missing an appointment, your bail may be nullified and additional charges may be filed.
Commit an offence while on bail
This one almost goes without saying, but it is important to mention nevertheless. Bail not only means that you stay out of jail while you await a court date, but also means that you must avoid any brushes with the law in the interim. Even if the penalty is not considered serious, such as a parking ticket or jaywalking, your bail may be revoked and result in being taken back into custody.
There are of course exceptions to every rule, which may include breaching bail. If you are in such a situation, or if there is anything else we can help you with, get in touch with our team.
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Not all wrongdoings are judged equally, even before any charges are made. Certain criminal offences in Queensland are considered ‘strict liability crimes’ based on the intention (or lack of one) of an individual to commit the offence they are accused of. In these criminal proceedings, prosecutors are not required to prove that the accused activity sought to commit a crime – they simply need to establish that a crime has been committed.
This, however, doesn’t mean you are powerless if you are charged with a strict liability crime. To build a legal defence against an accusation, you need to know the ins-and-outs of strict liability offences and work with a knowledgeable lawyer.

Strict liability vs. absolute liability
Laws, in Queensland and those applicable to all Australian states and territories, establish a code of behaviour we all must follow to protect the general public. As such, strict liability offences are considered crimes against public policy within a given jurisdiction rather than any inherent moral wrong. This means offences are prosecuted without the need to prove that the accused intended any wrongdoing.
When someone is charged with a strict liability offence, they can claim to have made an ‘honest and reasonable mistake of fact’. If the accused believed their actions were not a crime, then they are innocent insomuch as they would have been innocent had their mistaken belief been accurate.
Absolute liability, on the other hand, removes an individual’s ability to use the above defence. In this situation, only an ‘act of God’ can be used as a reasonable defence case. This term is restricted to any factor in which a person cannot be expected to have any measure of legitimate control over. Absolute liability is usually reserved for serious crimes, such as physical or sexual assault. It also applies to crimes in which providing evidence of making a reasonable mistake is difficult, as is often the case in environmental crimes or when breaching laws surrounding public health.
Strict liability and the Queensland Criminal Code 1899
Queensland’s honest and reasonable mistake clause is governed by section 24 of the state’s Criminal Code 1899. When defending against a potential strict liability criminal conviction, the legislation ensures individuals who misjudged a situation when committing an offence can potentially demonstrate lack of intent as a defence against the charges. The success of this strategy depends on how you formulate your defence. If an individual is accused of a strict liability crime, they will need to provide evidence that they were misled by a given factor or suffered a reasonable gap in knowledge.
To prove that you made an honest and reasonable mistake of fact, however, you need to show that this error was reasonable in the circumstances. This is based on the Court’s view that other people could have made a similar mistake too in the same circumstances.

Typical strict liability cases
One example of a strict liability offence is speeding. Here, the police only need to prove that a motorist committed a traffic offence at a specific place and time despite the rulings marked on the road or pavements. It doesn’t matter whether the offender intended to go beyond the speed limit or not – once the crime is logged with a speed gun or camera, an individual can be charged. This protects the public’s interest in having safe access to roads and common spaces in which citizens follow all prescribed rules.
Further, any motorist has accepted that driving is an activity that could potentially harm the public but is within their control to prevent (because they have been legally licensed to operate a vehicle).
Cases of strict liability are also common in corporate offences such as providing incorrect information to the general public or sector regulator. Whether this is through an activity such as tax evasion, or when misleading consumers about the nature of a product, businesses accept that it’s in the public’s interest for everyone to have correct information. Offenders bear the onus of proving a mistake was reasonable.
The Parliament of Australia specifies that common law strict liability cases are now less frequently prosecuted based on a rigid formula, and are considered case-by-case.
Building your defence against strict liability crimes
Providing evidence that you were misled or made an honest error when committing a strict liability offence is the best strategy for defending an allegation. In order to do that, you need to be able to gather the right elements of proof and compile them into a coherent defence strategy.
Navigating this alone can be complex and time-consuming – working with a criminal law solicitor makes building your legal defence simple. To learn more, contact the Russo Lawyers team with your query – we are happy to provide specialist legal advice in a free consultation.
The post What offences are considered a strict liability crime in Queensland? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

All road users have a duty of care to other drivers and pedestrians to adhere to driving rules, creating safe commutes. What happens when this duty of care is breached? Here, we break down the ins and outs of drug driving charges, noting potential paths of defence to seek a lesser sentence.

What constitutes a drug driving charge?
Simply put, a drug driving charge stems from being caught driving under the influence of alcohol or drugs, regulated under the Transport Operations (Road Use Management) Act 1995 (Qld). There are many different instances in which a person may be charged for drug driving, including:

Driving under the influence of drugs or alcohol.
Driving while drugs are present in breath or saliva.
Driving over the blood alcohol limit – whether zero, middle or general.

Understandably, these charges all result in varying minimum and maximum penalties, from driving suspension to imprisonment. The underlying similarity however is that essentially all offences of this nature result in an automatic loss of driver’s licence.
In Queensland, you can be charged while driving under varying limits of alcohol intoxication. One such charge is for being caught driving over the general alcohol limit of 0.05, without exceeding the middle of 0.10 or the high limit of 0.15. Although a person caught within these bounds may only just be over the general limit, this still may result in a maximum penalty of $1,050 or three months in prison. If you’re over the high alcohol limit of 0.15, you could be charged $2,100 in fines, with the potential to go to jail for nine months.
How are drug driving charges given?
As a driver in Queensland, you can be randomly subjected to breath or saliva tests to detect the presence of drugs or alcohol in your system. These occur either at checkpoints, or if you’ve been pulled over as the result of concerning driving. Saliva testing generally takes between three and five minutes to reveal whether drugs are present in the body, and tests for methamphetamine, MDMA and THC in cannabis. With positive test results, you’ll need to carry out another test to confirm the presence of substances in the body.
It’s important to note that if you fail to provide a saliva sample, you’ll likely be asked to give a blood test – failure to comply with drug testing may result in serious penalties. Furthermore, if your vehicle is searched and illicit drugs are found, you’ll likely be arrested for a drug offence, such as possession. Interestingly, you don’t need to be the actual owner of a drug to be charged with possession – under the Drugs Misuse Act 1986 (Qld) transporting or holding the drug for someone else leaves you liable to charges. 

What are the possible defences to a drug driving charge?
Being arrested for a drug-related offence is incredibly stressful – these charges are often complex to navigate, as in most cases the proof is in the poison. That being said, there are several avenues an expert criminal lawyer may investigate to reduce your sentence. The prosecution side’s main argument rests on proof of whether:

You were in control of a vehicle while under the influence of drugs.
You intended to operate a vehicle while drugged.
You were in charge of the vehicle while it was driven under the influence.

When building your defence case, it’s vital to identify all parts of the incident to ensure that you have the best chance at getting a favourable outcome. One such factor to consider is time, particularly, the time at which a substance was ingested. Charges may be able to be contested if a drug sample, being either saliva or blood, was not taken within three hours of the accused party operating a car. Additionally, the prosecution will need evidence that you were in control of the vehicle at the time of the drug test.
Ultimately, your best bet at reducing a drug driving charge is to reach out to expert criminal lawyers at the earliest convenience. Here’s where Russo Lawyers step in. With a wealth of experience and knowledge in the world of criminal law, we’ve helped countless clients through a range of drug charges for favourable outcomes. For more information on how we can help you formulate the best case against your charges, get in touch with our team.
The post How to beat a drug driving charge appeared first on Russo Lawyers: Brisbane CBD Law Firm.

Whether you’ve committed an offence or not, having any sort of investigation occur against you is a stressful time. That being said, they say that all are innocent until proven guilty – but just how much proof is required to lay charges for a criminal offence?
How much evidence is needed to charge someone with a crime?
It’s wrong for a person to be convicted for an offence without thorough reasoning, therefore solid evidence is needed before a decision is reached. To be charged or arrested in Queensland, however, you don’t have to be caught red-handed breaking the law. In fact, you can be charged simply with the intent to commit offences, or if there is reason to believe that you were involved in a crime. An arrest can happen before or during an investigation for further evidence. Rights and obligations surrounding evidence are regulated by the Evidence Act 1977 (Qld). The Act lists a number of persons who may testify and provide evidence, as well as the parameters of different types of evidence.

What are the different types of evidence?
Depending on the type of offence committed, there’s a multitude of different forms of evidence that may be used in the case against you. These include:

Testimony, including victim and witness statements.
Hard evidence, such as DNA or video footage.
Documents, defined in the Commonwealth Evidence Act as anything on which there is writing, including bank statements, maps and photographs.

In Court, primary evidence is always favoured over secondary. This means direct accounts of those there, or undisputable facts such as time-stamped footage or DNA is always going to hold more weight than evidence that could be deemed as hearsay. Evidence presented in Court must be fair and honest – forging or tampering with evidence results in serious penalties.
If evidence is accepted, it will be presented in Court as admissible evidence used to prove facts, such as backing up eye-witness accounts. Evidence will be considered by the judge, jury, or magistrate as part of making decisions on any charges. This also includes any statements made by the accused during police questioning, although it is generally explained to a jury that they shouldn’t draw inferences on such statements without evidence to back it up, as false confessions are sometimes made during police interviews out of intimidation.
Furthermore, an accused person themselves can present evidence as to prove their innocence in a trial, such as alibis as to why they weren’t at the scene of the offence. This is where an expert lawyer is essential, as they help gather and prepare your statements to build a case for your defense, knowing exactly what to include and what to omit from proceedings.

What can I do if I have been charged?
A charge is a formal accusation that a person has committed an offence and as with arrests, doesn’t need to be backed up with evidence at the time. Charges in Queensland take shape in three different forms, including a notice to appear in Court, a complaint and summons, or an arrest. On receiving any of these, it’s vital to follow the instructions, such as adhering to bail conditions or appearing in Court on a certain date. Failing to do so may result in further penalties. In any case, reaching out to expert legal professionals in these instances is your best bet in reaching a favourable outcome for your case.
Having your lawyer handy at the earliest convenience gives them extra time to prep and prime your case, gathering all the information they need to craft an airtight defence, or assist in negotiating a lesser penalty. No matter the offence, the team at Russo Lawyers are here to help.
Our reputation as Brisbane’s leading criminal law firm is a credit to our history of successful appearances in all Queensland Courts, including the Supreme and Children’s Court – with over 30 years’ of practice under our belt, we know our way around the world of such proceedings. We understand the complexities and stresses of the legal process and are committed to guiding our clients through the journey with professionalism and friendliness, every step of the way. For more information on what our experts can do for your case, get in touch with our team through a free phone consultation. 
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Public safety is of paramount importance across Australia, so it’s no surprise that carrying weapons in Queensland is a criminal offence. Here, we break down the stringent weapons law including penalties, as well as what you should do if you’ve been caught carrying a weapon in Queensland.

Is it a criminal offence to carry a weapon in Queensland?
In Queensland, it is illegal to carry weapons in public, as this both endangers other citizens and incites fear. Carrying weapons in public can hold a maximum sentence of more than ten years’ imprisonment. Weapons are classified under eight categories, and include (but are not limited to) the following:

Guns, including pistols, shot guns, air rifles, semiautomatics and submachine guns.
Knives, including machetes, switch or flick knives and butterfly knives.
Crossbows.
Knuckle-dusters.
Flammable devices for the purpose of causing harm.
Any clothing or accessory used to disguise or support weapons.

There are many different offences relating to weapons in Queensland, and are governed under the Weapons Act 1990 (QLD), regulating of the sale of firearms, as well as the misuse of such weapons.
Unregistered guns and unlicensed users
In order to legally own and use a firearm in Australia, you need to have obtained a licence or user permit and have purchased your firearm from a licensed seller. In order to get a gun licence, you must be over 18 and complete a firearms safety course. Furthermore, you’re legally obligated to have a safe space to keep your guns, fitted with a secure lock. There are licences for minors, however use of firearms are restricted to education and sport and must be under adult supervision.
The penalty for unlawfully possessing a weapon depends on the category in which it fits, as well as the quantity possessed. For example, carrying 10 or more semiautomatic firearms or hand grenades carries a maximum penalty of 13 years in jail, while unlawful possession of an air rifle may only result in maximum penalty of two years’ imprisonment. If you have been accused of an offence relating to unlicensed firearms, it’s imperative to reach out to expert lawyers immediately.

Carrying knives
There are several instances where knives can be carried in public, including:

Fishing purposes.
Food preparation in public.
Scouts who have knives as part of their uniform.

Unlawful Supply
In Queensland, it’s illegal to gift, sell or transport weapons without licence to do so. Especially where firearms are considered, unlawful supply may result in mandatory sentencing.
What should I do if I am accused of a weapons offence?
If you are accused of a weapons offence, it’s vital to reach out to expert defence lawyers to protect your interests. The sooner you do so, the quicker your legal team can create a strategy to defend the charges against you. Potential lines of defence include:

Arguing that there were valid reasons for a weapon to be held or used in public.
Claiming that the accused didn’t know carrying the weapon was an offence.
Misidentification of the accused.

As Brisbane’s leading defence law firm, Russo Lawyers are armed with the knowledge necessary to tackle a variety of weapons offences. We’re confident in our ability to achieve a favourable outcome for our client’s cases. With over 30 years’ experience in various aspects of criminal law, we’ve made appearances in the Supreme, District and Magistrates Court, with many successful outcomes. For more information on our services and how our lawyers can help guide you through the legal process, reach out to our team.
The post Is it a criminal offence to carry a weapon in Queensland? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

We’ve all seen crime and action thrillers where the police officer bursts through the door in a blaze of glory and arrests an offender, citing their right to remain silent. Though these scenes are brimming with theatrics, there is a grain of truth to the protocol portrayed. Here, we break down your rights and responsibilities in a police interview.

What are my rights in a police interview?
According to the Queensland legislation, those subject to questioning by police have a number of rights that must be adhered to by all parties involved, including arresting officers.
1. You have the right to remain silent
Whether it’s on your property, on the side of the road or in a public area, you have the right to remain silent – no matter the circumstances of your arrest. This is governed under the Police Powers and Responsibility Act 2000 (Qld). If you believe that anything you could say might incriminate you further, it’s key to remain silent and not participate in the interview until a trusted lawyer is present. That being said, you are required to provide honest answers to the following questions – failure to do so is an offence.

Your full name and date of birth.
The residence where you currently live.
What you have witnessed in relation to a crime or incident.

It is important to remember that maintaining the right to silence can’t affect how a jury sees you if your case goes to trial. With indictable offences such as murder and rape, however, any statements made may be used as evidence in the case against you.
2. You are only to be detained for a certain amount of time
You may be asked by police officers to accompany them to a station for questioning. Unless you’ve been detained for interrogation relating to an indictable offence or formally arrested, you have no obligation to go with them. In some instances, you may need to go with them to formally decline to participate in a record of interview.
The amount of time that police can legally detain you for is eight hours, unless they provide a Court order allowing them to hold you for longer. Only four of the initial eight hours can be used for questioning. It’s vital to request the presence of a lawyer during this time to ensure your rights are protected. Police aren’t in any way allowed to use intimidation or aggressive tactics to force a confession.

3. Your needs must be met
Police officers legally must meet any of your needs necessary for fair questioning. This includes:

Allowing children to have parents or a support person present.
Providing translators or interpreters.
Not questioning while you’re intoxicated.
Providing support persons for those with impaired capacity.

You are also allowed to contact a support person and a lawyer to be present for your interview. Police aren’t allowed to listen into conversations you have with these parties.
4. You are entitled to warning prior to questioning
When being interrogated for indictable offences, the police need to warn you about certain things before asking questions, making sure that you understand fully the implications of your answers. They must advise you that you’re being recorded, and give you a copy of the interview within seven days.
Before you answer any police questions, it’s absolutely vital to reach out to the team at Russo Lawyers to support you through the interview process. With a wealth of experience in the many facets of criminal law, we are dedicated to helping our clients seek a favourable outcome for their case. For more information, get in touch with our team.
The post What are my rights in a police interview? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

If you have been taken into custody for an offence, you will have the opportunity to seek bail. However, the process may become complex depending on what you are accused of and your personal circumstances. This article will break down the bail process and discuss the different factors and conditions that may influence the outcome of granting an application.
What is bail?
Bail is the interim release of an accused person who is yet to go to trial on the condition that they will appear in court on a predetermined date. This date is agreed to on a signed document known as an undertaking. There are many conditions that can affect an individual’s bail, however, the most common are:

You won’t obstruct justice or commit another offence while on bail.
The well-being of others won’t be compromised while you are on bail.
You will agree to appear in court on the predetermined dates.
You will remain living at a predetermined address.

Alongside these conditions, a surety may be required for bail to be granted. A person who is a surety agrees to pay a fee if you don’t attend your court dates. This person needs to be free of criminal convictions, over 18-years-old and need have the financial means to cover the bail amount.

What are the different types of bail?
Depending on the circumstances around your arrest, there are different types of bail you may be eligible for.
Watch-house bail can be given at a police station if they have arrested and charged you with an offence. Under the Bail Act 1980 (Qld), a police officer may grant bail if the accused has been delivered into the custody of an officer who is in charge of a station or the manager of a watch-house. Furthermore, an accused person cannot be granted bail if they have been held in custody under chapter 15, part 2 of the Police Powers and Responsibilities Act 2000 (Qld) which concerns investigations and questioning of those lawfully arrested for an indictable offence.
If watch-house bail is not given, you may have the opportunity to apply for bail through the Magistrates’ Court. The Bail Act 1980 (Qld) legislates that the court may allow bail to an accused person who has been detained if they are waiting for court proceedings to take place for the offence. During a bail application hearing, the court will review certain conditions and information before choosing to award you with bail. This may include:

Previous offences.
The severity of the charges.
Whether you have breached bail conditions in the past.
Your character.
The risk to public safety.

There may be special conditions imposed on your bail, especially if your offence involved the assault of another person or property. This may include prohibiting you from attending certain places, or restricting your contact with specific parties to avoid obstructing justice.

Why might I be refused bail?
If you are being detained for an indictable offence, such as murder, you cannot seek bail from the Magistrates Court. Instead, you’ll need to apply through the Supreme Court.
There are some instances where bail will not be awarded unless you can prove that you shouldn’t be detained. This is known as being in a “show cause" position. Offences that may require a detained person to show cause include where a weapon or explosive was used to cause harm, or where strangulation took place under the Criminal Code Act 1899 (Qld) or the Domestic and Family Violence Protection Act 2012 (Qld). The most common instance that may result in a show cause position is if a serious offence is committed while you’re on bail for another charge.
Brisbane’s leading criminal defence law firm, Russo Lawyers, are well-versed in the world of bail application and determined to help you navigate this process for a favourable outcome. For more information on how Russo Lawyers can assist with your case, contact our team for a free initial phone consultation.
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The post Unlawful assault in Queensland: what it is and what you need to know appeared first on Russo Lawyers: Brisbane CBD Law Firm.