Mistakes to Avoid When Facing Criminal Charges

It Only Takes One Accusation.

Being charged with a criminal offence can be overwhelming, especially if it's your first experience with the criminal justice system.

The steps you take early on can impact the progress and outcome of your case. At Valeston Lawyers, we’ve seen firsthand how easily avoidable mistakes can complicate or even jeopardise a strong defence or swift resolution.

If you're facing charges in Queensland, here are common mistakes to avoid and how a Brisbane criminal defence lawyer can help steer you in the right direction.

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1. IGNORING OR DELAYING YOUR RESPONSE TO CHARGES

Some people hope that ignoring a charge will somehow make it go away. It won’t. Failing to act quickly can result in missed court dates, which can lead to loss of your bail and arrest warrants.
 
What to do instead:

​Act immediately. Contact a criminal lawyer as soon as you become aware of any investigation or charge, or immediately after receiving your Notice to Appear from Police. Valeston Lawyers provides a short free initial consultation about your individual circumstances and your next steps.

It is important that you take note of your first court appearance date and where you need to attend. If you miss this date for whatever reason, you may be arrested for failing to appear, which can make your bail application more difficult.

2. FAILING TO SPEAK TO A LAWYER EARLY

Many people wait too long to engage a lawyer, thinking they'll “see how it goes” at the first court mention. But early legal advice is crucial, especially when you're speaking to police, applying for bail, or facing serious charges.
 
Why it matters:

By involving a criminal lawyer early, you reduce the risk of making decisions that may harm your case, such as giving an unrecorded statement or pleading without proper advice.

Any statement you make to police, even 'off the record', can be recorded and used as evidence, and may even lead to further or upgraded charges.

Pleading guilty to the court is very hard to reverse and the court may hold you to your plea even if the Police facts on record aren't accurate. 

Early engagement of a criminal lawyer may also have other advantages, such as identifying alternatives to court proceedings, such as cautions, deferrals, justice mediation, or case conferencing with police about the charges.

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3. POSTING ABOUT YOUR CASE ON SOCIAL MEDIA

It’s natural to want to explain your side, especially if you feel the charges are unfair. But posting about your case on social media can backfire badly. Anything you post may potentially be used as evidence in court.
 
Best practice:

Stay silent online. Don’t comment, post, or even joke about your matter. Instead, speak to your lawyer about what’s safe to discuss. At Valeston Lawyers, we help clients manage not just legal risks, but reputational ones too.

4. ASSUMING YOU ARE AUTOMATICALLY GUILTY (OR INNOCENT)

Whether you’re certain you did nothing wrong or feel you “deserve” a penalty, going into a criminal case with fixed assumptions can be dangerous. Queensland criminal law is complex, and outcomes often depend on available defences, alternatives to criminal charges, specialist courts, and court programs. Some charges or issues may also be resolved in case conferencing with police by your lawyer.
 
The takeaway:

Don’t make assumptions. Get advice. A skilled criminal lawyer in Brisbane can help you understand your rights, your options, and your best next steps. Your lawyer can also help you identify if there are any alternatives or programs that can be considered.

5. FAILING TO PREPARE FOR COURT

Appearing in court without preparation (or a lawyer) can seriously damage your case. Inconsistent stories, disorganised documents, or poor courtroom conduct can influence how your case is perceived.
 
How we help:

​Valeston Lawyers supports clients at every stage, from preparing legal documents and engaging expert witnesses to advising on court etiquette. We ensure you present your strongest case.

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FINAL THOUGHTS

Facing criminal charges in Queensland is serious, but you don’t have to face them alone. By avoiding these common mistakes and getting the right legal advice early, you give yourself the best possible chance of a fair outcome.
 
At Valeston Lawyers, our team of experienced defence lawyers in Brisbane are here to help you navigate the process with confidence and clarity. Whether it’s a minor offence or a serious allegation, we’ll fight to protect your rights and your future.

This blog post is for general information only and is not legal advice.
​For specific advice about your situation, contact Valeston Lawyers today for a free consultation.

Phone 1300 10 30 70  |  Level 10, 95 North Quay, Brisbane, QLD 4000  |  www.valestonlawyers.com.au