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."
In This Section You Will Find Information About:
- What is involved in obtaining a criminal record check (including PDF application forms),
- Obligations to disclose information if you have criminal record,
- What effect a criminal record may have on employment,
- What effect a criminal record may have on working with children in particular,
- What effect a criminal record may have on travel,
- Spent convictions (when there is no longer an obligation for you to disclose your criminal record for the offence),
Please select a section or read below
- Criminal records check
- Effect on employment
- Effect on travel
- Spent convictions
- Working with children
Avoiding a criminal record – S10 Crimes (Sentencing Procedure) Act
Normally, when you plead guilty to a criminal or traffic offence, the court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. In traffic matters this may also include a loss of licence. However, if the court has decided not to convict you, there is no penalty, no loss of licence, and no criminal record. In all criminal and traffic law cases a court has the discretion not to convict you, but deal with you under the terms of section 10.
There are three types of section 10 dismissals of conviction:
Full dismissal: Section 10(1)(a)
No conditions attached to the dismissal – the matter is over as soon as you walk out of the courtroom.
Conditional dismissal with good behaviour bond: Section 10(1)(b)
Although the charge may be dismissed, the court can put you on a good behaviour bond for up to two years. The bond can have any conditions the court wants you to abide by. At a minimum, these include:
- That you do not commit any further offences
- That you advise the court of any change of address and
- That you appear before the court if called upon to do so
If you breach any conditions of the bond, the court can ask you to appear before it, revoke the bond and impose a different sentence for the offence.
Conditional dismissal with a intervention program (e.g. rehabilitation course): Section 10(1)(c)
The dismissal is conditional on you entering an intervention program of some kind (such as the Traffic Offenders program or other rehabilitation), completing that program successfully and complying with any action plan resulting from that program.
Advocating for a non-conviction
Courts do not give out Section 10s easily. Normally a court will need a lot of convincing before granting you a Section 10. The court must consider the following issues:
- your age, character, record, health and mental condition;
- the trivial nature of the offence;
- any extenuating circumstances;
- anything else the court think is relevant.
Dictionary of terms
Section 10: Section 10 of the Crimes (Sentencing Procedure) Act 1999 – This allows a court to make an order to dismiss the charge (i.e. to not record a criminal conviction), despite making a finding of guilt. It may be dependent on certain conditions imposed by the court.
Criminal record: A written history detailing a person’s past criminal convictions.
Conviction: In NSW, it involves the finding of guilt and the imposition of a penalty. It includes orders under Section 10A but does not include a matter dealt with under Section 10 Crimes (Sentencing Procedure) Act.
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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Melbourne VIC 3000
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