A criminal conviction can have a huge impact on your life. It can be used against you in relation to travel, rental applications, employment, loans, etc. If you are convicted of a criminal offense for this reason (whether you pleaded guilty to the charges or were convicted in court), it is in your best interest to ask the court not to record the conviction.
When dealing with crimes under state and territory law, courts have wide discretion as to whether or not to convict. However, when charged with federal crimes, courts must strictly determine whether there is a conviction under the circumstances.
What are federal offences?
A federal or federal offense falls under the legislative powers of the federal government. They include:
- Plane, airport, aviation crime;
- Threats against federal authorities;
- Attacks on Federal Officials;
- Child abuse by Australians abroad;
- Cybercrime against federal departments or nationally important information systems;
- Import or export of pharmaceuticals;
- Human smuggling;
- Human trafficking;
- Fraud or theft against the Federal Government; or
- Online Exploitation of Children (Child Abuse Material).
General advice on avoiding criminal convictions in Australia:
- Know the law: It is important to know the Australian laws, especially those relevant to your particular situation you may be facing. This includes understanding the elements of a crime, the maximum penalties, and the standards of evidence required for conviction.
- Seek legal advice: If you face criminal charges, it’s important to seek legal advice as soon as possible. A criminal defense attorney can help you understand your rights and responsibilities and advise you on how best to proceed.
- Gather evidence: When accused of a crime, it is important to gather evidence to support your defense. This may include testimony, documents, or physical evidence. An attorney can advise you on the types of evidence involved and assist you in obtaining it.
- Cooperate with the police: If you are being questioned by the police, it is important to cooperate fully. But also be aware of your rights and don’t make remarks that are self-deprecating. It is recommended that a lawyer be present during the police interrogation.
- Plead not guilty: If you are accused of a crime, you have the right to plead not guilty. This may lead to a court hearing, giving you the opportunity to present your defense and challenge the prosecution’s evidence.
- Consider alternative options: In some cases, alternative options for court proceedings may be available, including: B. Petitions or Diversion Programs. These options may lead to lower fees or reduced sentences, but it’s important to carefully consider the consequences before accepting them.
- Be prepared for trial: Preparation is key when your case goes to court. This includes being aware of the charges against you, understanding the evidence against you, and knowing what to expect in court.
- Follow the conditions of your sentence: If you are convicted, it is important to follow the terms of your sentence. This may include imprisonment, payment of fines, or performing community service. Failure to comply with penalty terms may result in additional charges.
- Rehabilitate yourself: If you are convicted of a crime, it is important that you take steps to atone for your sin. This may include participating in programs or activities that help you overcome underlying problems that may have contributed to your criminal behavior.
Can I seek a Section 19B Order for all federal offences?
A court cannot make a Section 19B order if you commit certain offenses under the Immigration Act 1958. Further, depending on the nature of the crime, seeking a Section 19B order from the court may not be appropriate.
What happens if I reoffend?
If your case is dismissed under section 19B and you are subsequently convicted of another count of the same offense, you will not be considered a repeat offender for purposes of sentencing, even if no conviction was recorded.