Discuss and plan out a proper proceeding to deal with your way of staying out of a criminal record.
There are some ways that can be helpful in avoiding the burden of a criminal record. Getting acquitted is an obvious one, but that applies if you are not guilty. There are some other ways too. These options, however, come with some minor consequences which help you steer clear of a criminal record. A diversion or discharges are there other than acquittal to clear you out. You can also rely upon peace bonds to get away with a criminal record. However, it depends on your lawyer, the nature of your charge and also the jurisdiction you were charged under.
For getting acquitted at trial, you do not actually have to do anything. It is necessary that your case has been proven beyond a reasonable doubt. However, without sufficient evidence, the case will certainly not be going to trial. If the case goes to trial, it will be difficult to get acquitted without a pronounced defense that is prepared with the anticipation of the evidence and witnesses that might have a role to play in the case.
Now, diversion is a process that is used outside a court where your case is referred to a Probation officer with the purpose of an inquiry. Diversion is an option that is considered frequently for you by our experienced team of lawyers. Once a pre-trial inquiry is done, all the probable details of the allegations will be taken up in advance so that they can be reviewed and then prepare you for your interview.
No matter if your recommendation is positive or negative, the conclusion depends on the Prosecutor. You will need to consider a Brisbane criminal lawyer to keep track of your file as it proceeds from your probation officer to the Prosecutor to make sure the recommendation turns out to be positive and is gradually approved.
In case, if a diversion is not available or gets unapproved, you should then head over to the court. If you get convicted after the trial or on putting a plea of guilt, the court has enough power that you can be discharged absolutely or conditionally. If the court gets convinced in an appropriate manner that your option of getting a discharge is not opposed to both your interest as well as public interest, you will not be having that dreaded criminal record even if you are deemed guilty. There are a number of cases which deal with this legal issue for the situations wherein discharges need to be granted.
Police vehicle equipment; image by West Midlands Police, via Flickr, CC BY-SA 2.0, no changes.
This method comes with its limitations as your the record of your case remains in the police information system, despite the fact that you have been discharged of those charges. As per the regulations of the Criminal Records Act, this generally remains in the records for about one to three years before it is removed from the official records.
At times, when the above procedures proved to be unuseful, you can go for peace bonds or Recognizances pursuant to Section 810 of the Criminal Code. These can be helpful to avoid a criminal record in assault cases. This will require the Prosecutor’s consent along with the court being convinced by the evidence or reasonable grounds of fear for your complainant. Although the recognizance works like a bail with similar terms, it may have certain additional terms as well. This may suggest you take anger management classes to help you mitigate your problems relating to violence. In such cases, you are at peace bonds for a particular period of time, say one year. Once you comply with all the terms as per the order, your criminal record will be written off the record and you will be set free. And in case you fail to respect any of the terms mentioned in your bond, you can be charged with an independent offense of Breach of Recognizance.
Avoiding a criminal charge is not impossible when done with the best set of lawyers who provide you with support in tackling each and every legal aspect of your case. It’s necessary to look into each and every aspect of the incidents that led to the so-called criminal act of yours. Consult your lawyer with all the relevant documents and every piece of information related to your case. Discuss and plan out a proper proceeding to deal with your way of staying out of a criminal record. This is important not just to avoid any serious legal charges, but also to remain safe of any unforeseen consequences that it may have on your future life, such as your job, your family and your reputation within the society.