Criminal & traffic

Sometimes we end up on the wrong side of the law.

Being charged can be a daunting ordeal

A criminal or serious traffic charge can change your life and possibly the life of your family. What many think may be easily explained can actually become complex. You may have good intentions in defending or representing yourself in a criminal or traffic matter and find that it quickly becomes an overwhelming challenge.

In criminal matters, we are with you every step of
the way. We understand that the criminal justice process can be intimidating, so whether you are in a police station or appearing in court, we can provide you with legal advice and representation so you do not feel alone.

Get the traffic advice you need  

For traffic matters, our focus is to present your unique circumstances to get the best outcome possible; ensuring that disruption to your daily life is minimised.

Our difference is to provide you with holistic advice and a strategy explaining the law and advocating a safe and beneficial solution for you. Whether arguing your case or seeking a reduction in penalty, we are here for you.

Our criminal defence & traffic team

Our criminal and traffic team is led by Alistair Macpherson, Director.

Alistair is a former criminal prosecutor and also worked as a legal adviser/solicitor with the Australian Federal Police. In his various roles, Alistair enjoyed the benefit of representing the state and clients in criminal matters on both sides of the bar table.

Our focus on just, redemptive outcomes means we “journey” through your situation with you, taking the time to explain the process and ensuring you are never left overwhelmed.

Get your FREE consult today

We offer a free 30 minute over-the-phone initial consult.

How Can Our Team Help You?

Our services are across a wide spectrum of criminal law, from small traffic matters to serious criminal charges. Our team can provide advice and representation for each stage of the criminal law process. Being charged with an offence, may cause you to feel helpless and may come as a shock. We walk with you through the process and also assist you with representation in police stations, applications for bail, mentions, committal hearings, trials, sentencing and appeals. Areas that our criminal and traffic team commonly advise on, include:

Criminal Offences


Assaults and violence cover a broad range of offences and actions, but it generally involves a use of force by one person against another. Usually, charges are laid because in the view of the police, the force was not authorised or justified under Queensland law.

As these matters are often complicated, there are many defences available. For example, you may have been provoked or acting in self-defence.

Domestic & Family Violence

Our family law team has extensive experience in domestic violence matters. If you are dealing with allegations of domestic violence, please speak with us urgently or contact us to make an appointment with either of our criminal and or family law team.

Drug Charges

Drug offences normally fall into five categories:

  1. possession
  2. supply
  3. production
  4. trafficking
  5. importation

Although these may vary in seriousness, the need for specialist legal advice is important. For example, it is vital that you be advised before making any admissions, as these can have significant bearing on a hearing. There are also significant considerations around quantity of drug found and ensuring you are charged under the right category.

Break and Enter, Burglary, Theft, Stealing and Robbery

Theft, burglary and break and enter charges carry serious penalties in Queensland. In some instances, up to and including 10 years imprisonment. Arguing a successful defence in these types of cases can be especially difficult given their invasive nature, and the dim view the Courts have taken to theft-related offences in recent times.

Corporate Crime, Professional Misconduct, Fraud & Dishonesty

These types of serious offences attract criminal penalties, but can also result in job loss. If you are served with a criminal charge for a serious fraud, our criminal defence lawyers can assist.

If you feel that you have unfairly been dismissed, our experienced employment lawyers will advise you on legal options to do with employment issues you may face.

From complaints of improper conduct, unfair dismissal and unlawful discrimination, you will be sure to get the expert advice that you need.


What is Bail? 

Bail is a process whereby an arrested person is released from custody while awaiting trial or during the course of a trial.

Simply put, bail is a signed written promise that you will come to Court on your next court date and that you will not commit further offences. This written promise is called a ‘bail undertaking’. Sometimes, you will need to make further promises to the Court and those promises are called ‘bail conditions’. Bail conditions can include:

  • Reporting to police multiple times a week;
  • Surrendering your passport;
  • Not having contact with certain named persons.

Who has the power to grant bail?

Police Officers

If you have been arrested and charged with a criminal offence, the police may decide to grant you bail from the watchhouse. Once you have signed your bail undertaking, you will be released back into the community with the expectation that you will come to Court on the date listed on your undertaking. If you fail to attend Court on that date, a warrant may be issued for your arrest.

If police refuse to grant you bail from the watchhouse, they must give you a written explanation of their refusal and you will be brought before the Court the next sitting day for a bail application.

The Court

A bail application is where you make a formal application to the Court to be granted bail. It is important that you speak with a lawyer before you make a bail application. If you cannot afford a private lawyer, a duty lawyer is sometimes available in the courthouse. Once you have been granted bail by the Court, police must release you after you have signed a bail undertaking.

Will the Court grant me Bail? 

The Court will generally grant you bail unless the Court believes that there is an unacceptable risk that if released from custody, you will:

  • fail to appear and surrender into custody; or
  • commit an offence; or
  • endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else’s safety or welfare; or
  • interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else.

In deciding if there is an ‘unacceptable risk’, the Court will consider a number of factors such as:

  • The type of the offence/s you have been charged with;
  • The seriousness of that/those offence/s;
  • Whether you identify as ATSI;
  • Your criminal history (or lack thereof);
  • Whether you have stable and secure accommodation;
  • The strength of the police’s evidence against you;
  • Your personal background;
  • Your previous performance (if any) while on bail;
  • Whether you have committed offences while currently on bail for other offences;
  • Whether any bail conditions can ameliorate any unacceptable risk identified.

If the Court refuses to grant you bail, you will not be able to bring another bail application until there has been a ‘change in circumstances’. What this means is, your position must have changed from when you first applied for bail. For this reason, it is important that you speak to a lawyer before you make an application for bail. Our team of experienced criminal lawyers will be able to give you the advice you need.

Can I get bail for more serious offences? 

If you have been charged with more serious offences, the Court may still decide to grant you bail however, some offences (such as murder) will need to be decided in the Supreme Court. If you have been charged with a serious offence, call one of our criminal lawyers to get tailored advice for your situation.

Offences against Police

In Queensland, it is a serious offence to obstruct or assault police. Section 790 of the Police Powers and Responsibilities Act explains more about the penalties and the charges if you are charged with either obstruction or assault or both.

If you are in a situation where you need legal advice, it is important that you seek the assistance of our criminal defence team.

Public Nuisance, Alcohol Related Offences

Sometimes, what is considered frivolity or joking around, can be caught by summary offences. This is often exaggerated if there has been an overconsumption of alcohol.

Public nuisance and alcohol related offences (under the Liquor Act) are known as summary offences. These offences are not serious offences, but they carry penalties and require being called before a Court.

It is important to know what is considered public nuisance in Queensland and how it is dealt with by law. You can find out what is considered public nuisance in Section 6 of the Summary Offences Act.

Wilful Damage

Deliberately damaging property is a criminal offence especially if you do not have a lawful excuse. This could be damage to property that is either public, private or commercial and comes with varying penalties. It is advisable that you seek legal advice from our criminal defence lawyers to assess your situation.

Youth Justice and Juvenile Offending

The legal system recognises that children who appear before a court for offending behaviour are at a vulnerable stage in their development. Therefore it is only appropriate that juveniles are dealt with separate from the adult criminal justice system.


Traffic Offences

Drink Driving & DUI

If you drive under the influence of certain levels of alcohol or banned substances then you will surely be in trouble with the law.

Drug Driving

Driving under the influence of drugs could lead to the automatic disqualification of your licence. This is not an offence that is taken lightly, and you could get into serious trouble with the police when you are caught.

Driving Unlicensed or in an Unregistered Vehicle

Driving without a licence attracts a fine and can have you fronting up to Court.  If you are caught by the police, you will have face the consequences and legal processes that follow due to your action. There are a few things that the court will consider when deciding on penalties.

Dangerous Driving

Dangerous driving or operation of a motor vehicle is a serious criminal offence in Queensland. Consequences can be incredibly severe and sometimes prove to be fatal.

Driving without Due Care and Attention

It is a serious offence to drive or operate a vehicle in a dangerous manner and doing so could land you into a lot of trouble with the law.

Licence Disqualification Appeals

If you have been found guilty of a traffic offence, a court may order the disqualification of your licence. How long your licence is disqualified for will depend on the offence.

Vehicle Impoundment

Hooning offences could lead to your vehicle being impounded by the police. If this happens to you and you are caught evading police or causing unnecessary noise, your vehicle may be confiscated and impounded . We advise you to consider getting legal advice from our traffic lawyers.

Work Licences

If your licence is cancelled due to drink driving or any other similar offence, it can have an effect on your quality of life. However, you may require a licence for work, and losing it could mean the end of your employment.  The law does permit the issuing of a work licence in some very specific situations.

Demerit Points and SPER Issues

If you are charged with a traffic offence, for example speeding or ignoring a red light, you will usually be issued with an infringement notice.

Motorcycle Lawyers

Whether you’ve lost your licence, been in an accident or have to appear in Court – we’re here to get you back on the road.

We’re here to listen and make sure we fully understand your situation. After our first meeting, we can put in place an effective strategy to get you back on your bike.

Talk to us today

We seek to deliver Just, Redemptive Outcomes®