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."
Asset Forfeiture (NSW)
In certain circumstances, the New South Wales Director of Public Prosecutions (DPP) may confiscate a person’s assets after the person has been charged with or found guilty of an offence. This article outlines the various orders that can be made to prevent a person from disposing of assets that may be seized because they were acquired through criminal activity.
A restraining order prevents a person from disposing of the property specified in the order. A restraining order will be issued by the Supreme Court when there is reason to suspect that:
- the person who is the subject of the application has committed a serious criminal offence; or
- the person has acquired, directly or indirectly, property that originated from criminal activity; or
- the property was acquired because of a serious criminal offence.
If a person knowingly contravenes a restraining order by getting rid of the property that is the subject of the restraining order they may be guilty of another offence under Section 58L of the Victims Support and Rehabilitation Act 1996. This offence attracts a fine up to the value of the property and/or 2 years imprisonment. If the matter is heard in the Local Court the maximum penalty is $10,000.
A forfeiture order is an order imposed by the District Court or the Supreme Court and allows the DPP to seize a person’s assets under Section 18.1 of the Confiscation of Proceeds Crimes Act 1989. A forfeiture order can be imposed after a person has been convicted of a serious offence if the DPP suspects that the assets were derived from criminal activity such as a drug deal or if they intend to prosecute the person within 48 hours.
Pecuniary Penalty Order
The Confiscation of Proceeds of Crimes Act allows the DPP to apply for a pecuniary penalty order which allows the court to impose a penalty of equal to the value to the benefits obtained as a result of the criminal offence. If the court imposes a pecuniary penalty then the person will be ordered to pay that value to the state.
Drug Proceeds Order
Section 29 of the Confiscation of Proceeds of Crime Act 1989 permits the DPP to apply for a drugs proceeds order against a person (referred to in the act as the defendant). A drugs proceeds order is an order requiring a person to pay a penalty equal to the amount of the benefit gained through drug trafficking activity. A drugs proceeds order can be enforced as if the amount payable was a civil debt.
If you require legal advice about asset forfeiture to the NSW DPP or any other 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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