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Tuesday, January 5, 2016

How can the duty lawyer help?

The duty lawyer can usually give you legal advice and represent you in court if you need help with:

    pleading guilty for less complex matters
    Criminal cases in the Magistrates Court (adjourn)
    Bail
    changing your bail conditions
    bail breaches
    probation breaches
    Extradition proceedings.



They can also help you get a copy of the police summary of why you were charged and what allegedly happened. This is called a QP9.

The duty lawyer may also be able to help you by holding a case conference with the prosecutor on your court date. This is a discussion to try and negotiate a better solution for everyone. For example, the prosecutor may agree to drop some charges, or they may be able to work out some other agreement that will help resolve your matter quickly.

The duty lawyer won’t help you if you’re going to court for:

    a first or second drink or drug driving offence and nothing else (unless it’s likely you will go to jail)
    Traffic offences (eg speeding or careless driving)
    Domestic and family violence information (however, in some courts we have a domestic violence duty lawyer)
    a committal hearing or a trial
    complex sentence hearings.

If your matter is complicated or you may be facing a serious penalty, the duty lawyer might suggest delaying your matter so you can get more legal advice.

The duty lawyer only acts for you on your court date. If you need more help or advice you’ll need to:

    contact Legal Aid Queensland or a community legal centre to get legal advice
    apply for legal aid
    get a private lawyer

If you’re not sure if the duty lawyer can help, you should always ask.


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