Choosing a criminal lawyer in Queensland

What actually matters

• They appear in your court. A solicitor who is in Southport or Brisbane Magistrates Court weekly knows the prosecutors, knows how a particular magistrate approaches section 12 of the Penalties and Sentences Act 1992 (Qld), and knows what will and will not be negotiated. That is worth more than any advertisement.
• They do criminal work as their main work. A general practice that does conveyancing, wills and the occasional drink driving matter is not the same thing.
• They quote a fixed fee range in writing. Not an estimate, not a range, not "from". Hourly billing on a criminal matter transfers all the risk to you.
• They tell you the bad news at the first appointment. If you leave the first meeting feeling reassured and told nothing you did not want to hear, you have probably been sold to rather than advised.
• They put the strategy in writing. What the charge requires, where the evidence is weak, what the realistic outcomes are, and what happens next.

What matters less than people think: the size of the firm, the age of the solicitor, the office fit out, and the number of five star reviews. A busy practitioner with a plain office and a clear letter beats a marketing budget every time.

The questions to ask before you engage anyone

1. Who will actually appear for me? Not who is in the meeting. Who stands up in court on the day.
2. What is the fixed fee, and what is not included? Barrister fees, expert reports, filing fees, committal work and appeals are usually separate. Get that in writing.
3. What are the realistic outcomes here, best and worst? A lawyer who will not answer that question in the first appointment is not going to answer it later either.
4. Is no conviction recorded achievable, and what do I need to bring to support it? This is the single most valuable question in a minor matter.
5. What should I not do between now and then? Contact, social media, further offences and destroying material all come up here.

What criminal defence costs in Queensland

Fees vary by the court, the charge and whether the matter is contested. As a general shape:

• A guilty plea to a simple offence in a Magistrates Court is the cheapest work a criminal lawyer does, and is usually quoted as a single fixed fee.
• A contested summary hearing costs materially more, because it involves reviewing the full brief, cross examination preparation and a half or full day in court.
• Indictable matters going to committal and then the District or Supreme Court are quoted in stages, and barrister fees for trial are separate.

Be careful of two things: a quote that seems far below the market, which usually means the scope is narrow and the variations will come later, and any suggestion of a result being guaranteed, which is prohibited.

When to make the call

Earlier than you think. The two most valuable moments are before a record of interview, and before your first mention date.

Before an interview, because beyond giving police your correct name and address you are generally not obliged to answer questions about an alleged offence, and what you say cannot be taken back. Before the first mention, because a plea entered there is difficult to withdraw and because the brief has not yet been read by anyone acting for you.

If police have contacted you and not charged you, that is not a reason to wait. It is the point at which advice changes outcomes most.

When you are ready, start with the charge you are facing in the criminal law section, then call. The first fifteen minutes by phone are free, and you will leave that call knowing the charge, the range and the cost.