Griffith, NSW -- (ReleaseWire) -- 04/12/2016 --When a person is served with a Court Attendance Notice it will generally be put on what is referred to as a list day. These are days in which a number of people who have been accused of various offenses will have to front up to Court and plead either guilty or not guilty. Other options can be to ask for an adjournment to seek legal advice without entering a plea or entering a plea of guilty and then having the matter put over for another sentence date. This could be to obtain references or to complete a court appointed task such as the completion of a traffic offenders program.
When pleading guilty it is important to be dressed for the occasion. A collared shirt and pressed slacks conveys a sense of respect for the court, that you are taking the matter seriously as well as contrition for what the person is pleading to. Have at least two references if possible which state that the author is aware that you are facing a particular charge and that the reference is to be used in the sentencing procedure. Be careful about tendering references which are not true. For example having a reference tendered their your criminal record will not carry much weight with the Magistrate. A reference which states they are aware that the accused has a number of previous convictions but the author has witnessed a turnaround in their attitude will have more impact.
The main two considerations that the Magistrate will have is general deterrence and subjective deterrence. The first concerns sending a message to the community that such offenses will not be tolerated and that people who commit these offenses will be punished. The second consideration involves the person themselves, doing something to stop this individual committing further offenses. Subjective considerations can include the persons background, education, criminal history and employment.
It is important to speak to a qualified criminal lawyer prior to pleading guilty to an offense as often police make mistakes. You could find yourself pleading guilty to an offense that the prosecution cannot prove or an offense which is more serious than what the facts show.
About Piers Blomfield
Piers Blomfield is the Principal Criminal Defence Lawyer at Blomfield Legal a criminal and traffic law firm in the Riverina area of New South Wales. Piers has nearly 20 years experience in criminal law as both a police officer, prosecutor and defence lawyer.
Piers Blomfield – Criminal Lawyer
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