Notice to Appear
In many traffic and criminal law cases, a person will be charged and provided with a notice to appear. This is usually a pink or yellow slip provided by the Queensland Police Service which provides a date and time. It may also indicate traffic or criminal charge.
If you are unrepresented when you attend court, you may need to speak to either duty lawyer or Police Prosecutions to obtain your court material. This should include the charge and alleged facts, your history, and other information which may be relevant.
Standard of Proof
The standard of proof and available defences will change depending on the legal matter. In domestic violence proceedings, there are no rules of evidence, and the court need only be satisfied on the balance of probabilities. While in criminal matters, Police Prosecutions must prove the charge against you beyond a reasonable doubt.
In our experience, the charge may not always reflect the alleged facts. Further, the nature and seriousness of the charge/s may make it appropriate to divert the charge to Adult Restorative Justice Conferencing, which enables mediation between the you and the complainant.
Finalising the Matter
Sentence or trial may be a last resort, depending on how negotiations have gone in your matter. However, if your matter does reach that point, we are able to assist you and provided dedicated and experienced representation.
If you have been charged with a traffic or criminal offence, we are here to help you. Call us for a free case assessment. Our number is 0401 999 347.