The lawyer must invoke section 10 order to avoid the recording of the conviction.
Australian courts have the legal capability to impose a penalty for various kinds of offenses. A recording of the offense will also take place. This recording of conviction will often lead to the offender having a criminal record.
Owning a criminal record can affect the offender in many ways. For instance, those who have criminal records might not get a driver's license. There are other kinds of inconveniences that can crop up with the passage of time. Thankfully, you can hire a criminal lawyer; the same person can help you immensely. They have the expertise of convincing court not to make a criminal record.
Invoking Section 10 To Escape Conviction
The lawyer must invoke section 10 order to avoid the recording of the conviction. Upon activation of the order, the court will not impose any penalties. No criminal record of the conviction will be present. It is possible to invoke section 10 orders only for criminal and traffic offenses. As always, it is at the discretion of the court whether to grant the order. Many people have their share of confusion about section 10 orders. The origins of this order occurred in the crimes (sentencing procedure) act of 1999. The court might find the offender guilty of an offense. Yet the court can legally dismiss the case - effectively freeing the offender. As mentioned above, the recording of the offense will never occur.
Types of Section 10 Orders
An expert criminal lawyer will be aware of the legal complications related to this order. It is important to understand that there are three types of section 10 orders. They are (1) section 10(1) (a) (2) section 10(1) (b) and (3) section 10(1) (c). The lawyer will always try to obtain section 10(1) (a) for their clients. Section 10(1) (a) does not impose any kind of additional conditions and clauses while acquitting. Section 10(1) (b) and section 10(1) (c) are conditional dismissals. There are several conditions related to the dismissal process. The legal bodies will see to it that the offender meets these conditions without fail.
Following The Conditions On The Bond
The good behavior bond issued by the court comes with a validity of two years. The offender should take care never to break the conditions of the bond. Doing so will only incur the wrath of the legal bodies. The court will appoint legal authorities to ascertain the adherence to the bonds. The terms and conditions associated with bonds might appear to be trivial in nature. For instance, the offender must inform the court about any change of addresses.
The person will have to appear before the court if the latter produces an order. Failing to adhere to the bond conditions will lead to the revoking of the entire bond. Traffic offenders will have to take up some sort of intervention programs.
The intention is to cultivate good habits on the offender. This will help them not to commit any misdemeanors in the near or distant future. You need access to capable lawyers in order to invoke section 10. Do keep us posted with your findings and experiences.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.