Under the Crimes (Sentencing Procedure) Act 1999 (NSW), section 10(1)(a) dismissals and section 10(1)(c) bonds linked to 'intervention programs' present options for avoiding a criminal record following admission or conviction of offences like drug possession, drink driving, and assaults.
Another form of 'non-conviction order' is a conditional release order (CRO) without a conviction, which is a good behavior bond for up to 2 years.
For those considering pleading guilty to criminal or major traffic charges, consulting an experienced criminal defence lawyer is vital for achieving non-conviction outcomes.
The Sydney Criminal Lawyers team excels in criminal law and has a strong track record of securing non-conviction results, even in seemingly challenging cases.
Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) empowers the court to ‘dismiss’ charges for individuals found ‘guilty,’ resulting in no criminal conviction, good behaviour bond, fines, or driving disqualification.
Section 10 dismissals apply to all criminal and driving charges except for second major traffic offences within 5 years.
The court considers factors including character, past history, offence significance, mitigating circumstances, and other relevant aspects when deciding on section 10 dismissals.
Not necessarily. While trivial offences have a higher chance, section 10 dismissals can apply to serious offences, particularly with ‘extenuating circumstances.’
‘Extenuating circumstances’ are exceptional factors explaining the reasons behind an offence. Whilst they are not justifications, they do offer the court insight into one’s actions.
Evidence of good character, challenging life phases, addressing underlying issues, completing programs, prompt guilty pleas, and consulting a lawyer can enhance prospects.
For advice on any charges that you may be facing, please contact us at (02) 9267 5555 and one of our experienced criminal lawyers will guide you on achieving the best possible outcome.
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