I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
How Long After An Assault Can You Press Charges? (Qld)
How long after an assault can you press charges? This is a question lawyers are often asked. Firstly, it is important to understand that it is the police, and not the victim of a crime, who make the decision as to whether or not to lay charges. The limitation period for laying criminal charges depends on the nature of the alleged offences. While summary offences have a relatively short limitation period within which they can be charged, serious offences like serious assault and murder are not subject to a limitation period.
Police make the decision to lay charges
When a person has reported an offence to police, the police may make the decision to lay charges if they think it is appropriate to do so. It is not up to the alleged victim to “press charges” and in some situations, charges may be laid even when the victim does not want the prosecution to occur. Police may also make the decision not to lay charges even though the victim wishes the alleged offender to be charged.
The decision as to whether or not to lay charges will be made based on a number of factors, such as the strength of the case against the alleged offender, the seriousness of the allegations and whether it is in the public interest for the alleged offender to be charged.
How long after a summary assault can you press charges?
In Queensland, summary offences are dealt with in the Magistrates Court, which can impose a maximum penalty of three years imprisonment for a single offence. Summary offences are also known as misdemeanours. Summary offences are minor offences such as public nuisance and being drunk in a public place. Many summary offences are contained in the Summary Offences Act 2005. Many traffic offences under the Transport Operations (Road Use Management) Act 1995 are also summary offences – for example, speeding and drink driving.
In Queensland, police can lay a charge for a summary offence up to one year from the date of the alleged offence. This is stipulated under section 52 of the Justices Act 1886. However, this provision also states that if the accused was charged with an indictable offence and the proceeding was discontinued by prosecution, a summary offence charge can be laid up to two years from the date of the alleged offending.
An example of this would be where a person is charged with an assault causing grievous bodily harm (an indictable offence) as a result of alleged offending. If the prosecution subsequently becomes aware that it has insufficient evidence to prove that the victim suffered grievous bodily harm, it may decide to withdraw the charge. The prosecution may then choose to lay a charge of common assault (a summary offence) if it has sufficient evidence to prove that a common assault occurred. This would have to be done within two years of the alleged assault.
How long after an indictable assault can you press charges?
In Queensland, some indictable offences may be dealt with in the Magistrates Court if the defence consents to this. This is the case, for example, with a charge of assault occasioning bodily harm. However, if the defence does not consent to the matter being dealt with summarily, the matter will need to be committed to the District Court to be finalised.
The most serious criminal matters, such as murder, are strict indictable offences and can only be finalised in the Supreme Court.
Indictable offences are not subject to a limitation period in Queensland. This means that police can lay charges such as assault occasioning bodily harm or serious assault many years – even decades – after the alleged offence.
Prosecuting historical offences
Offences that were committed long ago are often referred to as “historical offences”. There can be benefits and detriments to prosecuting a matters many years after the event. In some cases, it may be harder for the prosecution to prove a person guilty beyond a reasonable doubt when a lot of time has passed as witnesses’ memories may have faded and physical evidence may have been lost or destroyed.
In other cases, it may be easier to prove a person guilty of a crime that occurred many years ago as new technologies – such as the ability to collect and analyse DNA – may now exist that did not exist at the time of the offence. For this reason, prosecutions that were abandoned long ago are sometimes successfully reopened.
Reporting historical offences
If you were the victim of a serious assault that occurred more than 12 months ago and you did not report the offence at the time, you can still choose to report the offence and make a statement to police. This can be done by phone, online, or in person, at a police station.
Historical offences are generally treated as non-urgent so you may have to wait a considerable time before the police have time to deal with your matter. The time of the wait will depend on how busy the police are at the time.
It is important to remember that the decision as to whether to prosecute a person for a criminal offence ultimately lies with the police.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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