Criminal Lawyers Tweed Heads

Have you been charged with a criminal offence in Tweed Heads?

As with all criminal law charges, being charged with an offence does not mean that you are guilty. Often there are a number of reasons that a person charged with an offence may be found not guilty or in some cases, the charges dropped or withdrawn prior to going to court. These include;

  • Lack of evidence offered by the police
  • The police investigation was illegal or improper
  • Reliance on a recognised defence
  • Police witness not available or does not attend
  • You were charged with the wrong offence

It is important to obtain legal advice from an experienced criminal lawyer when charged with any offence. Our Principal Director and solicitor at Save U Legal in Gold Coast & Tweed Heads has years of experience of day to day criminal law firm Gold Coast & Tweed Heads practice and can guide you through the process of any criminal charge brought against you.

Criminal Law: Appeals to District Court

Appeals from the magistrate court to the district court should be lodged within 28 days of the magistrate’s sentence. There are a number of grounds for appeal against conviction which may include;

  • Judicial error (i.e. wrong decision in law);
  • The decision cannot be supported on the evidence;
  • The verdict is unreasonable; or
  • The verdict amounts to a miscarriage of justice.

The grounds for appeal against sentence can be on the basis that the sentence is manifestly excessive. Note: Courts can increase a sentence on appeal if it thinks fit.

Criminal Lawyers Tweed Heads

The law governing the conduct and determination of appeals is complex and usually involves a the engagement of a specialist lawyer or barrister.

In the case of appeals against conviction the court can determine an appeal by;

  • Setting aside the conviction
  • Dismissing the appeal or
  • Remitting the matter to court

In the case of appeals against sentence the court can determine an appeal by

  • Setting aside the sentence
  • Varying the sentence or
  • Dismissing the appeal

Our solicitors and criminal lawyers at Save U Legal in Gold Coast & Tweed Heads can advise you on your prospects for success and assist you in lodging and running your appeal.

Criminal Law: Drink & Drug Driving

The law surrounding drink/ driving is quite complex and the services of a qualified, experienced lawyer in these matters should be retained. This area of the law is one of the most prolific with offences being determined daily in local courts around Gold Coast & Tweed Heads .

With an intense media and community focus on the area of drink and drug driving the general view of the courts is that there is really no excuse for breaches of law. Accordingly great weight in sentencing is placed on the aspect of general deterrent with very few drivers having charges dismissed or convictions not found. This is specifically so with High range cases where extraordinary circumstances would be required to escape conviction.

What a lot of people don’t realise when it comes to sentencing for these offences is the aspect of mandatory sentences. This means that as soon as a court finds a person guilty and convicts the person of the charged offence it is then bound in what it can impose as a sentence. This is no more evident than when a court imposes driving suspensions which carry minimum mandatory suspension periods. For example a first offence low range PCA 0.05 -0.08, carries a minimum licence suspension of 3 months in NSW or 1 month in QLD. License suspensions cannot be circumvented once a conviction has been found. For assistance with alcohol abuse please see https://www.aa.org.au/

Criminal Law: Mandatory Interlock

Amendments to the Legislation introduced mandatory interlock offences . Both in NSW and QLD High range offences automatically attract an interlock order.

Interlock orders, whilst getting people back on the road faster, do create a massive inconvenience and expense. The devices require installation and calibration. Further, you can generally only have them installed into one vehicle. Obviously this brings with it major hassles.

There are ways to be exempted from the interlock orders, but these are generally very difficult to obtain. In 99.9% of cases the interlock order is applied.

Should  you or a loved one have any matters involving interlock orders please contact our office for the relevant advice.

Traffic Lawyer

Drug Charges

Drugs charges are serious and can result in substantial penalties including imprisonment for certain offences.

Possession

While many of our clients do not believe possession of drugs is a major issue, government agencies and future employers do. Having a conviction for a possession charge can greatly affect your future, so before just pleading guilty to a possess charge make sure you have all of the information to make an informed choice.

Save U Legal Tweed Heads and Gold Coast has extensive experience in defending more serious offences such as manufacture drug and or operate clandestine laboratory. These charges are extremely serious and can result in very long prison sentences. Matters such as these are dealt with on Indictment.

Indictable offences are dealt with by the higher courts such as the District court. Generally offences of this nature are much more serious and usually relate to commercial quantities for possession or supply. For help with drug addiction please see https://www.healthdirect.gov.au/drug-abuse

Our solicitors Tweed Heads and criminal lawyers at Save U Legal in Gold Coast & Tweed Heads have experience in the Local and District courts for serious drug matters.

Criminal Law: Sexual Assault Charges

These types of charges are very serious and can result in significant custodial sentences, should you be found guilty. At Save U Legal, our team of experienced solicitors can quickly review your case and provide advice in relation to your chances of a successful defence.

In our practice we often see cases where our client’s are not guilty of sexual assault for predominantly two reasons;

  1. ​The sexual act was consensual but now the complainant later withdrew consent
  2. The sexual act did not occur at all, and the complainant is motivated by other reasons

At Save U Legal- Criminal Lawyers Gold Coast & Tweed Heads we can provide you with the advice and representation in defending your liberty and your reputation from these types of criminal charges.

Breach of Child Sex Offenders Register

Save U Legal has represented many people on the register. A basic principle is that we believe everyone should get a second chance. We vehemently defend alleged breaches noting that the police often prosecute with a vindictive attitude. At Save U Legal, we don’t judge, we act. Call us today.

Need information on the local court house or police station? Tweed Heads Court House and Tweed Heads Police Station.