If you’ve been charged with an offence and have had a criminal record imposed, then you will have information contained ‘on your record’ which may impact on your future. There is a difference between being charged with a criminal offence or a driving offence, and having a criminal conviction recorded.
If you have a conviction recorded, there are certain obligations and limitations which are going to exist in your life. The legal limitations imposed on you exist in law and in society and depending on the extent of your offence, may last for a period of time, or for your life.
In some cases, the limitation of a conviction may be self-imposed because the offender fears that their community or peers will find out about their offence.
We are going to explore the extent of impact that a criminal history is going to have on your life and discuss how you can avoid a conviction with Lawler Magill.
A conviction is a legal record of criminal activity. You can be found guilty of participating in criminal activity and not have a conviction recorded. Depending on what the criminal activity is, you may have a conviction recorded as a mandatory part of that activity.
Some minor offences will carry a ‘no conviction’ sentence even if you are found guilty by the Magistrate.
The Court is allowed not to record a conviction if a person is found guilty and sentenced for criminal activity. Whether the Court decides to record a conviction will depend on a number of factors, including:
In every instance, the Court will weigh up each factor. This is why it’s imperative that you have a criminal lawyer like Lawler Magill on your side to ensure you have the best possible chance of avoiding a criminal conviction being recorded.
A conviction must be declared in any instance where required by law. This will be in instances which you might expect, like applying for certain jobs, and somewhere you might not expect, like international travel.
If you have a job or are seeking a career where you know that you will be required to disclose criminal convictions, it’s imperative that you seek legal advice from a criminal lawyer who understands how to present your case for the best possible outcome.
Call Lawler Magill on (07) 3236 5656 for representation and advice on avoiding a conviction now.
If you’ve been found guilty of a crime and disagree with the decision of the court, or think that the penalty is too harsh, then you have the option of opposing this decision by appealing to a higher court. At Lawler Magill, we have the skill and experience you need when appealing a sentence and can assist you at all levels of appeal.
Read on to find out more about how appealing a sentence works, and then contact us to appeal your sentence with our expert criminal lawyers on (07) 3236 5656.
There are strict time limits which exist when looking to appeal a criminal conviction or sentence. You have one calendar month in which to lodge your appeal – so if you’re sentenced on the 3rd of May, you have until the 3rd of June to lodge your appeal. If you do not manage to lodge your appeal within this time, then you generally lose the right to make an appeal.
If you have been found guilty, you can appeal against this. You can also appeal against the harshness of a sentence if you have found that the sentence is unfair given comparable sentences and other situations in which people have been found guilty.
If you have been successful in your application to appeal, you will be heard in the court which is above the one in which you were sentenced.
In an appeal, the judges are focusing on whether there was an error during your original trial or hearing that has led to you being sentenced in an inadequate or excessive manner.
Anyone may appeal a civil case, but the court may need to grant permission for an appeal to be made. In some cases, a civil matter may be appealed by someone who was a party to the proceedings but who was left out of the decision because they did not take part in the case.
In a civil case, you can seek an appeal, and if the appeal is found to be successful, the court may change your original decision or order that another trial be heard.
The only people who can appeal a criminal matter are people directly involved in the case. A party cannot appeal a not-guilty verdict.
In a criminal case, an appeal is not allowed unless the defendant was found guilty. If someone is found not guilty, this is final. Appeals are only allowed if the sentence is too harsh, or if the conviction is incorrect based on evidence.
While you can represent yourself in the Court of Appeal, it’s important to seek legal advice about whether you have the grounds to make an appeal in the first place.
You will not be able to seek legal advice or find out what you need to do to appeal, but they can assist you with procedures and proceedings in court.
As with any criminal matter, it’s far better to seek legal advice from a criminal lawyer like Lawler Magill and know exactly where you stand. For advice with your appeal call us now on (07) 3236 5656.
When you have been caught drink driving, you face a mandatory exclusion period of driving for a minimum of one month. The disqualification period you actually receive will vary depending on a range of factors. For many people, their licence is vital to their life; whether that’s dropping the kids off at school, visiting friends, going shopping, or going to work.
It’s important to remember that having a licence is a privilege, not a right, so if you have been caught drink driving, the disqualification period imposed is designed to remind you of the value of this privilege.
Despite this, in some cases the courts will allow an application for a restricted licence called a work licence. While being punished for drink driving is important, if this punishment impacts on your ability to earn money and will cause extreme hardship, then the court can exercise some leniency.
At Lawler Magill we can help you to apply for a work licence and ensure that your chances of having this licence approved are as favourable as possible. Call us on (07) 3236 5656 today to find out about how we can help you with your work licence application.
This is a restricted type of licence that allows you to drive for work — even when your normal driver licence is cancelled.
Good to know: A work licence is officially called “a restricted licence under section 87 of the Transport Operations (Road Use Management) Act 1995”.
You can apply for a work licence through the court – you cannot apply for a work licence online. If you are granted a work licence the magistrate who is hearing your matter can impose certain restrictions on things like when and where you can drive to.
It’s important to get legal advice when applying for a work licence. As a legal practitioner, we are experienced in making applications for restricted licences and can ensure that your information is as comprehensive as possible.
You might be eligible to get a work licence if you meet certain conditions relating to the offence you are being charged with. You must:
You must be pleading guilty to one of the following offences:
If you have been charged with being under the influence of drugs or alcohol – such as if you have a blood alcohol content of 0.15 per cent or more – you will not be eligible to apply for a work licence.
You also need to meet the following conditions:
If you meet all these conditions, you then need to apply to the court.
Even if you meet all the criteria above, you must then apply to the court. In your application you must:
Note that in some cases you won’t need your licence to drive for work, but you cannot get to work without a licence — there is no public transport and there is no one to drive you to work. Even if it takes you two hours to get to work on the bus, the court will consider that you have means to get to work and likely won’t grant a work licence.
The bottom line is, having a licence is a privilege. No matter how good your reasons are if you don’t need a licence to keep you job and thus your income then the court is not going to grant you a work/restricted licence. As always, get legal advice if you are facing legal matters like applying for a work licence.
At Lawler Magill we can help you apply for a work licence and ensure that your chances of having this licence approved are as favourable as possible. Call us on (07) 3236 5656 today to find out about how we can help you with your work licence application.