Legal advice

A defendant is considered innocent until proven guilty beyond a reasonable doubt.

It doesn't matter what the offence is, you should always get advice from a lawyer before going to court.

A lawyer can:

• explain what the offence means and what the penalty might be
• help you to decide if you should plead guilty or not guilty
• help you decide if you should give evidence in court (this is not compulsory)
• gather information and get a copy of the police evidence
• organise witnesses to support your version of events
• arrange counselling for any drug and alcohol related problems before court
• explain what will happen in court.

Where to get legal advice

You can contact:

• Legal Aid Queensland
• a duty lawyer at the Magistrates Court
• a private lawyer.

Legal Aid Queensland

Legal Aid Queensland provides free legal advice and can arrange an appointment with a legal aid lawyer. Anyone can talk with the lawyer over the phone or go to one of their offices and speak face-to-face.

Legal Aid Queensland can also refer people to a community legal centre or private lawyers.

Duty lawyer

A duty lawyer can represent you at your first court appearance (called the first mention).

A duty lawyer works in most magistrates courts, with different lawyers being on 'duty' in court on different days.

A duty lawyer can:

• provide free legal advice
• look at what the police have charged you with and explain the charges
• let you know if your charges can be dealt with by the Magistrates Court
• speak for you in court if you do not want to represent yourself
• ask for an adjournment
• apply for bail if necessary
• help you with pleas of guilty for most offences where you are not at risk of going to prison
• help you with pleas of not guilty by entering your plea to the Magistrates Court before you go to court and setting a date for hearing.

A duty lawyer can't represent you:

• on minor traffic offences or drink driving charges, unless there is a risk of you going to jail
• at a summary or committal hearing.

Before you go to court, call th courthouse to find out if a duty lawyer will be available. When you arrive at the courthouse, ask at the registry counter or look for the duty lawyer?s room.

Private lawyers

You can also find your own lawyer to represent you by:

• looking in the phone book
• calling the Queensland Law Society private lawyer referral line on 07 3842 5842.