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 Queensland a court can make an order under section 12 Penalties and Sentences Act 1992 (the Act) to not record a conviction. If a person has been found guilty and a sentence has been imposed for an offence, section 12 provides the court with the discretion to not record a conviction.
If a court exercises its discretion to not record a conviction, an offender can lawfully state that they do not have any criminal convictions. However, there are exceptions to a courts discretion. For example, if you have been sentenced to a term of imprisonment, the discretion will not apply and a magistrate or judge must impose the recording of a conviction.
The court is required to take into account all of the circumstances surrounding the individual’s case before making its determination. The following factors are to be considered:
The Nature of The Offence
The discretion to not record a conviction is more commonly exercised for minor offences rather than indictable offences. The court will take into account what kind of offence has been committed and any other relevant circumstances that impact the severity of the offending. For example, aggravated circumstances of the offending.
If the court exercises their discretion to not record a conviction, another form of penalty will be imposed. For example, a fine, community service order or good behaviour bond.
Character and Age
The Act provides for the court to take into consideration an offender’s character and age. It is common practice to produce evidence that attests to your good character. For example, a character reference from an employer, close friend or family member.
Economic, Social Wellbeing and Employment
The Act provides that a court must factor in the detriment the recording of a conviction could have on your economic, social wellbeing or employment. However, the court will require evidence to support the submission. For example, a reference from your employer, evidence of travel restrictions or an employment position’s criteria outlining the requirement to disclose convictions.
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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