A criminal charge moves on the court's clock. The decisions made in the first fortnight are the ones that shape everything after.
Queensland criminal charges do not wait. The first court mention is usually within a fortnight of being charged. Decisions about bail, plea, the choice between summary and indictable disposal, and the election to go to trial are made early, before most people have thought through what they actually face.
Fraser Lawyers acts for individuals charged with criminal offences in the Queensland Magistrates, District and Supreme Courts. The work spans drink and drug driving, drug offences, assault and violence, dishonesty matters, and domestic violence offences, under the Criminal Code Act 1899 (Qld), the Drugs Misuse Act 1986 (Qld), and the Penalties and Sentences Act 1992 (Qld). Blake Fraser, Principal, has been admitted as a solicitor of the Supreme Court of Queensland since 2013.
A drink driving or drug driving charge moves through the Magistrates Court on a short timetable. The charge type, the reading, the licence history, and whether an immediate suspension is in effect all matter from day one. Drink driving (UIL, mid and high range), drug driving, dangerous operation of a vehicle, and disqualified driving are the common matters. Most are summary; some proceed by indictment.
Drug charges under the Drugs Misuse Act 1986 (Qld) range from summary possession matters dealt with in the Magistrates Court to serious trafficking matters committed to the District or Supreme Court. The quantity, the substance, and what the prosecution says about the circumstances determine which end of that range the charge sits on. A possession matter handled promptly is a different problem from a trafficking charge on a commercial quantity.
Assault charges under the Criminal Code Act 1899 (Qld) cover a wide range: common assault at the minor end, through to grievous bodily harm at the serious end, with assault occasioning bodily harm sitting in between. Where the charge lands determines the court, the available sentences, and whether the matter can be disposed of summarily or must go to trial. The facts, and what the brief of evidence actually says, are the starting point.
Stealing, fraud, receiving stolen property, and related dishonesty offences under the Criminal Code Act 1899 (Qld) often turn on what the prosecution can prove about the accused’s state of mind at the relevant time. Some matters can be resolved by early plea and careful sentence preparation. Others, particularly fraud matters that proceed by indictment, require a close analysis of the evidence before any decision about plea is made.
Contravening a Domestic Violence Order (DVO) is an indictable offence with a real prospect of custody. The new coercive-control offence under the Criminal Code Act 1899 (Qld), stalking, strangulation, and related offences against the person within a domestic relationship are treated seriously by police and courts. If there is a current order in place and you are charged with a breach, or you anticipate a charge, the time to get advice is before the first mention, not after.
The principal codification of criminal offences in Queensland. Sets out the elements of most indictable offences including offences against the person, against property, and against public order.
The framework for sentencing in Queensland. Sets out sentencing principles, types of sentence (fines, probation, community service, suspended sentence, imprisonment), and the matters a court must consider.
Establishes drug offences in Queensland (possession, supply, production, trafficking) and the schedules of dangerous drugs. Also sets out the framework for restitution of property used in drug offences.
Establishes drink driving and drug driving offences, the disqualification regime, and the framework for work licences and special hardship orders.
Governs grants and conditions of bail in Queensland. Sets out the test the court applies, including the show-cause provisions for certain offences.
Procedural framework for summary matters in the Magistrates Courts of Queensland.
Governs how solicitors in Queensland may practice, including the requirement under section 308 to provide a written costs disclosure before any work begins. We comply with it on every engagement.
Founded by Blake Fraser. Twelve years of practice in eight areas, on the same Bundall address.
One office. Five minutes from Surfers Paradise. On-site parking. The lawyer running your file is the lawyer you spoke to.
Magistrates, District and Supreme Courts of Queensland; Federal Circuit and Family Court of Australia; QCAT.
Personal injury, commercial, conveyancing, criminal, family, property, traffic, wills and estates. Cross-referrals managed in-house.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchThat decision is yours to make. Fraser Lawyers’ role is to put you in a position to make it properly: the elements of the charge, what the prosecution brief actually contains, the sentence range if you plead guilty, the realistic prospect of a contested hearing, and what the procedural pathway looks like in either direction.
The decision is not made on the first call. It is made once the brief of evidence has been reviewed and you understand what you are actually deciding.
Summary offences are heard and determined in the Magistrates Court. Most indictable offences are committed for trial or sentence to the District Court. The most serious indictable matters, including murder, sit in the Supreme Court.
Some indictable offences can be dealt with summarily; that election can be a strategic one. The answer for your charge depends on what the charge is. We explain the court pathway on the first call once the charge is known.
Bail in Queensland is governed by the Bail Act 1980 (Qld). For most charges, the court asks whether there is an unacceptable risk: of failing to appear, of committing further offences, of interfering with witnesses, or of endangering others.
Some charges carry a show-cause requirement under s 16 of the Act, which shifts the burden to the defendant to show why detention is not justified. The strength of the prosecution case and the personal circumstances of the defendant both bear on that question. Fraser Lawyers makes bail applications routinely.
Whether a conviction is recorded is a separate question from whether you are found guilty or plead guilty. The sentencing court has a discretion under the Penalties and Sentences Act 1992 (Qld) and considers factors including the nature of the offence, your personal circumstances, and the practical effect a recorded conviction would have.
It is a question worth putting squarely to the court with the right material. Fraser Lawyers makes submissions on conviction recording where it is in issue.
Yes. Criminal matters, including guilty pleas, are dealt with in court. Fraser Lawyers appears with you and makes submissions on sentence. Where there is a contested hearing or trial, we represent you through the process and can engage counsel where the matter warrants it.
Court is not designed to be impossible for people who are not lawyers. It is, however, designed around rules, evidence, procedure, and consequences. Those are not details. They are the machinery.
Fraser Lawyers provides a written costs disclosure under s 308 of the Legal Profession Act 2007 (Qld) before any work begins. The disclosure sets out the basis on which fees are calculated, an estimate of the costs that are likely to be incurred, and the disbursements that may arise. The structure is explained in plain English at the outset.
The first appearance is usually within a fortnight of charge. If you have been charged with a criminal offence in Queensland, or you expect to be, the time to call is now. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We act for clients across the Gold Coast and Queensland.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.