Criminal Law

We practice in all areas of Criminal Law.  Our solicitors are experienced in all criminal courts (Magistrates, District and Supreme) for minor and serious criminal matters.

Need advice on the best way to resolve your criminal matter?  Contact us now for tailored legal advice.



Have you been charged with a criminal offence? If so, it is crucial that you understand your rights and obligations.

At Harvey Legal, we offer assistance, advice, and representation throughout every stage of the criminal justice process.  When faced with adversity, our team is one that you can depend on, with extensive experience and proven results. We are strong advocates for justice and fairness and will take all necessary measures to fight for your rights. Our services extend from the initial stages of police questioning and bail applications to court hearings, trials, sentencing, appeals, and parole.

Traffic offences

Traffic-related legal matters are typically handled by lawyers who handle criminal cases, although they are usually heard in the Magistrates Court in your location. Such charges include driving under the influence of drugs or alcohol, driving without a valid license, speeding, and other traffic violations.

If your license has been suspended, you may be eligible to apply for a special hardship or work licence.

It is essential to note that in cases of driving under the influence of drugs, there is no specified threshold as there is for alcohol. Even the smallest trace of substances in your system can lead to a drug driving charge.

Attending a Traffic Offenders Program can often help in such cases. Many of these programs offer flexible options such as online or after-work hours. The Court places importance on your understanding of the potential consequences of your actions and your level of remorse.  Completing a traffic offenders program can help lower your penalty.

  • Domestic violence
  • Sexual offences

Why me?

A charge of sexual wrongdoing is a common but difficult offense to defend against. The allegation can be made to the police with ease, often with the support of a corroborating third party. Additionally, any admissions made by the accused during a police interview or recorded conversation can further strengthen the case. Physical evidence is not always available, therefore the reliability and honesty of the complainant can heavily influence the strength of the case.

What to do if this is me?

If you anticipate being charged or are currently under investigation, it is critical to refrain from speaking until you consult with a lawyer. Words spoken in haste cannot be undone, and speaking out of turn can have dire consequences. Your innocent words may be twisted to conform to the prosecution’s version of events, resulting in imprisonment that could have been avoided.

Once you have informed us of the situation, we can provide you with professional advice on how to proceed, including whether or not to speak to the police. If you have already spoken to the authorities, we can work with them to ensure that any future charges are handled according to your wishes.


Assault and violence

Acts of violence are typically committed impulsively, but their ramifications can have lasting effects on your future. The charges range from least serious to most serious below:

  • Common assault (3 years max imprisonment)
  • Choking/suffocation or strangulation in a domestic relationship (7 years max)
  • Assaults occasioning bodily harm (7-10 years max)
  • Serious assault/obstruct (7-14 years max)
  • Grievous bodily harm (14 years max)
  • Wounding (14 years max)

Why use Harvey Legal?

Many lawyers lack the necessary experience or due diligence when it comes to handling such charges. This can significantly impact the outcome of a case and determine whether or not a conviction is recorded or you face imprisonment.

With a strategic approach and meticulous planning from the outset, criminal trials can be won. With Harvey Legal by your side, you can trust that your future is in the most capable hands.


The anti-drug campaign in Queensland, and throughout Australia, has led to law enforcement officers focusing on individuals for drug-related offenses. A “reasonable suspicion” is sufficient grounds to search you, your vehicle, or your residence for drugs. Furthermore, advanced techniques like eavesdropping on phone conversations, secret surveillance, and the use of undercover law enforcement personnel (LEPs) have made it exceedingly challenging to contest a drug charge.

Drug offences

The charges for drug offenses may span from minor street possession of a few pills or grams to the major crime of attempting to import a significant quantity of narcotics from another country via sea or air transport. The mere fact of being the occupant of a vehicle or a residence where drugs are found could lead to charges of possession.

A common inquiry we receive is to distinguish between the charges of supply and trafficking.

In essence, establishing a “business operation” is a crucial element to proving trafficking. This does not necessarily imply that the operation is lucrative or successful, but rather that it is fairly frequent and widespread, which could last from a day, weeks, or even years. Text messages, recorded phone conversations, tick sheets, or other documents of sales and debts owed are frequently used as evidence to establish trafficking charges.

Supply charges, on the other hand, typically involve less frequent and smaller-scale activities, such as providing drugs to acquaintances or friends. It does not necessarily have the requirement of being a recurring business. An offer to supply drugs, even if no actual delivery occurred, is sufficient grounds for charges to be laid.

Regarding sentencing, the court takes various factors into account to determine the suitable penalty. If the charge is for possession or production, the court considers the actual weight of the drug and if there’s any indication of commercial intent (whether it’s for personal use or not). There may be evidence indicating that you possessed the drugs on behalf of someone else (constructive possession), which could lead to a reduced sentence.

For trafficking and supply charges, the court assesses the total number of supplies or the duration of the trafficking period, the drug type and quantity sold, and any proof of profits earned. Furthermore, your criminal history, age, and background may also affect the sentence you receive. If you have a drug problem, demonstrating that you’ve been drug-free since the charge and displaying attempts at rehabilitation can also have a significant impact.


Going above and beyond the call of duty is just one of many reasons why our clients give us 5-star reviews.


To avoid imprisonment, it is crucial to have a lawyer who knows how to effectively defend you against charges of property-related offences, such as stealing, robbery, or burglary. The severity of the offence and any involvement of violence may result in the court considering imprisonment.

Stealing offences

For those accused of property-related crimes such as stealing, robbery, burglary, or receiving or possessing tainted property, it is crucial to have a competent lawyer who can defend them and keep them from facing imprisonment, especially if the charges are severe or involve violence.

In the case of first-time stealing offenses where a person has taken something worth less than $150 from a store, the police may opt to charge them with UTAG, which stands for unauthorised dealing with shop goods. For repeat offenders or more serious offenses, the charge is stealing, which carries a higher maximum penalty. Depending on the evidence the police have, other offences such as break and enter (enter premises and commit indictable offense), robbery, and burglary may also be charged.

The police often use CCTV footage, fingerprints, or DNA to track down property crime suspects. While such evidence can be challenging to dispute, skilled lawyers can identify flaws in the case against their clients. If there is no evidence, the mere fact that someone possesses stolen property does not automatically mean that they are guilty of stealing it. Each case is unique, and an experienced lawyer can help clients navigate the legal system to achieve the best possible outcome.

It is strongly advised that you refrain from participating in a police interview until consulting with us beforehand. If you wish to acknowledge any wrongdoing, you can do so by entering a guilty plea in court. Providing the police with additional information or confirming details during an interview may result in you admitting to something that cannot be substantiated. It is therefore important to seek legal advice before engaging in any police interviews.


Work licences

If you’re facing the possibility of losing your licence due to a drink or drug driving offense, you may be able to apply for a restricted licence (also known as a work licence) if you meet specific criteria. To be eligible, you must meet the following requirements:

  • Your blood alcohol concentration (BAC) must be below 0.15%
  • You must hold an open licence
  • You cannot have lost your licence within the past five years due to a similar offence or an accumulation of demerit points
  • You must prove that you require your licence for work purposes and demonstrate financial hardship if you are not allowed to drive.

There is no percentage reading given for drug driving charges (driving with a relevant drug present in saliva). Instead, it’s determined whether you have the drug in your system or you were under the actual influence of a drug while driving, which may affect your ability to apply for a restricted licence.


In Queensland, murder is the most severe offence that carries a mandatory life sentence. The punishment for the murder of a police officer or more than one person is even more severe. Manslaughter is another charge that may be brought when there is no evidence of intent to kill.

Recently, a new concept of negligent murder has been introduced in Queensland. This charge can be brought against an individual who is so careless or reckless that their actions result in someone’s death, such as a mother who leaves her children in a hot car.


The prevalence of drink and drug driving offences is increasing, with law enforcement frequently conducting random or targeted breath and saliva tests on motorists. Consequently, the results of such tests are often difficult to dispute, and individuals charged with such offences must appear in court to receive a sentence and the disqualification of their drivers licence.

There are mandatory minimum disqualification periods depending on your blood alcohol content.  Competent legal representation can keep your disqualification period as close to the mandatory minimum as possible.


Special hardship orders are similar to work licences and are granted in situations where you face the loss of your licence due to exceeding demerit points or breaking a good behaviour driving agreement. To be eligible, you must have a clean driving record for the last five years and prove that you will face significant hardship if your licence is suspended further.

Special Hardship

To increase your chances of successfully navigating the legal system when facing criminal charges, it is essential to seek the services of a lawyer who possesses expertise, experience, and a proven track record.

If you require assistance understanding your rights, anticipate police questioning, or have already been charged, do not hesitate to contact us at 07 4829 4363 or schedule a confidential discussion with us.

Being charged with a criminal offence can be a very stressful time.  A criminal conviction can effect your financial security, intimate relationships and your liberty.  At Harvey Legal we know how important it is to obtain the requisite advice to give you a clear path forward to resolve your criminal matter.


Frequently Asked Questions

  • Do you have any guarantees?

    We guarantee that we will never charge above our estimate unless the scope of the work radically changes. If this is the case, we will stop work and explain what extra tasks need to be done before engaging in the work. As our client, you will never be surprised with a big bill.

  • How much do your services cost?

    Your costs will depend on the scope of work in which you instruct us to engage in and will vary from the type of matter as well. One of our key values is delivering quality service to you while keeping your costs at a minimum. You will be advised at all times of the low-cost options to resolve your legal dispute including taking advantage of free mediation services, government support programs and alternate dispute resolution services.

  • What areas do you service?

    Our firm serves Mackay and the surrounding regional areas. Our solicitors are experienced in appearing before state courts in Mackay, Townsville, Moranbah, Proserpine, Sarina, Longreach, and other areas in Queensland. We also have the capability to represent clients in the Federal Circuit and Family Court across the country.

    In light of the recent changes made during the COVID-19 pandemic response, state and federal courts will now generally accommodate phone appearances for procedural aspects of most cases.

Book your free 15-minute consultation now.

Simply answer a few questions so our lawyers can provide you with advice that is personalised and relevant to your particular issue or enquiry. If you need urgent attention, please call 07 4829 4363