Discuss and plan an appropriate procedure to deal with your way of staying out of the criminal record.
There are a few things that can be helpful in avoiding the burden of a criminal record. The acquittal is obvious, but that is true if you are not guilty. There are other options too. However, these options have some minor consequences that will help you stay away from a criminal record. A diversion or discharge is different from acquittal to clear you out. You can also rely on peace ties to have a criminal record. However, this will depend on your lawyer, the nature of your charge, and the jurisdiction under which you were charged.
To be acquitted in court, you don’t really have to do anything. It is necessary that your case has been proven beyond doubt. However, without sufficient evidence, the case will certainly not go to court. When the case goes to trial, it will be difficult to be acquitted without a strong defense, prepared with the anticipation of the evidence and witnesses who might play a role in the case.
Redirect is a procedure used outside of a court of law that involves referring your case to a probation officer for investigation. Distraction is an option that our skilled legal team will often consider for you. Once a preliminary investigation has been carried out, all likely details of the allegations will be pre-picked so that they can be reviewed and then prepare for your interview.
Regardless of whether your recommendation is positive or negative, the conclusion depends on the prosecutor. You need to consider a Brisbane criminal defense attorney to follow up on your file while it is passed on to the prosecutor by your probation officer to ensure the referral is positive and gradual approval.
If a diversion is not available or not approved, you should go to court. If you are convicted after trial or after a guilty plea, the court has sufficient powers to be released, absolute or conditional. If the court is reasonably convinced that your option to obtain discharge is not against both your interest and the public interest, even if you are found guilty, you will not have that dreaded criminal record. There are a number of cases dealing with this legal issue in situations where discharges must be granted.
Police vehicle equipment; Image by West Midlands Police, via Flickr, CC BY-SA 2.0, no changes.
There are limitations to this method as your records of your case will remain in the police information system even though you have been cleared of these charges. Under the provisions of the Criminal Records Act, this will typically remain in the records for about one to three years before being removed from the official records.
At times when the above procedures have not proven useful, you can apply for peace bonds or recognitions under Section 810 of the Criminal Code. These can be helpful in avoiding a criminal record in cases of assault. This requires the prosecutor’s approval as well as convincing the court of the evidence or reasonable grounds of fear for your complainant. Although recognition works like a deposit with similar terms, it can also have certain additional terms. This could suggest that you are taking anger management classes to help alleviate your violence-related issues. In such cases, you are in peace ties for a period of time, such as a year. Once you have complied with all the provisions of the order, your criminal record will be removed from the record and you will be released. And if you fail to comply with any of the conditions set out in your bond, you can be charged with an independent crime for breach of recognition.
Avoiding a criminal complaint isn’t impossible when you work with the best lawyers to help you handle every single legal aspect of your case. It is necessary to investigate every aspect of the incidents that led to your so-called crime. Contact your lawyer with all relevant documents and information related to your case. Discuss and plan an appropriate procedure to deal with your way of staying out of the criminal record. This is important not only to avoid serious legal charges, but also to avoid unforeseen consequences for your future life such as your job, family and reputation in society.