Joined: 24/April/2007
Location: Australia
Posts: 1
QuoteReplyTopic: Public urination Posted: 24/April/2007 at 01:55
Hi I have just been charged under S74A(2)a Criminal Code, for urinating in public. I am only 19 and have absolutely no idea how to go about dealing with this. I plan to plead guilty, with my main concern being to avoid a criminal record and get a 'spent conviction.' I am at university studying law, so a criminal record would significantly diminish my chances of future employment
Is it better to appear in court or to mail in my plead along with a letter of explantation?
What kind of things should be mentioned in order to obtain a spent conviction?
If appearing in court, is it correct practice to bring in a written statement and read from that during the hearing?
Any advice would be very much appreciated. Thanks.
In order to dodge a conviction entirely you should probably produce some evidence relating to your good character. Being a law student, there is a higher expectation that you abide by the law. I would obtain character references from your lecturers, employers, other lawyers etc, and hand them up to the Court during your plea in mitigation.
It may be better to read from a statement if you feel nervous talking in front of people. If you can, however, try to make as much eye contact as possible as it will help convince the magistrate that you are truly sorry for your actions. The main mitigating factors that you should raise with the Court is that it’s your first offence, you are unlikely to re-offend, you are remorseful and that you are of good character.
At one level there is a different between taking a leak behind a dumpster in a quiet laneway, and taking a leak in Queen Street mall on a Saturday afternoon.
In my legal experience criminal records are never asked for.
If this is your first offence you may have no conviction recorded, despite a plea of guilt; otherwise you may have to face the fact you have done wrong. I doubt it would impinge upon an assessment of your professional character five years from now.
If you are thinking about raising your law degree, I would think carefully before playing the 'I'm becoming a lawyer' card as a defendant. More than once I've heard a magistrate make the point that lawyers are citizens like everyone else.
Liability limited by a scheme approved under Professional Standards Legislation
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