Criminal law, traffic matters, DUI, assault, theft, fraud
You wont go to jail for this, judges dont like to put mothers away! Alot of these cases lead to restitution and community service, and that includes cases of deliberate fraud such as moving in with a partner or getting a job and purposely keeping it a secret from centrelink. In the grand scheme of things your debt is small and unintentional and you have already offered restitution. All of these things should lead the judge towards leniancy :)
Start repaying back as much as you can right now. This is the best thing you can do to save yourself in court.
You need to stress to the judge that it was not a calculated attempt at fraud, it was a mere mistake on your behalf due to miscalculations.
You will not go to jail 100%.
You may get a fine with or without conviction, maybe community service.
Centrelink fraud is one of the most common offences seen in Magistrates courts, along with driving offences.
Dont stress, you will be ok and everything will be sorted out.
See a lawyer.
diversion 2009-10-21 12:28:16
[QUOTE=TechSpec] To say:
"You will not go to jail 100%"
is WRONG!!! and very misleading to say the least. [/QUOTE]
OK sorry, nothing is 100%... there are some judges that are clearly out to drink blood.
But in majority situations in Australia, you will get a much more lenient sentence as opposed to in UK or US.
i actually was in court today for the same thing, reported some fortnightly income wrongly assumed that when i did tax it would work it self out , but apparnetly not , i have never been in trouble before and got a good behavour bond for 2 years and a criminal record, mine was for $8 k over a period of 4 years, i can fight the charges but it has cost me over 6k so far and at the end of the day you cant beat centrelink, plus with my job i cant have a criminal record
yeh i see my lawyer next tuesday, i am hoping that it doesnt drag on to long cause i am not handling the stress well at all. the centrelink employee i had the interview with refused to give me the information with all the time i had wrongly reported my income and also refused to give me a transcript of the interview, but on the recording she said she would send it out within 7 days. badluck were u on the single parent payment as well??
[QUOTE=confused83] the centrelink employee i had the interview with refused to give me the information with all the time i had wrongly reported my income and also refused to give me a transcript of the interview, but on the recording she said she would send it out within 7 days. [/QUOTE]
That is totally wrong of them, you have the right to see the evidence against you.
When you see the lawyer, tell him about it cause I'm pretty sure he will demand it be presented before any hearing. They should do that even without a lawyer acting for you.
A reasonably high profile case of centrelink fraud was reported in the press recently where this person claimed payments whilst receiving about $70,000 in compensation money. She did not get jail time
badluck... how come you got finger prints done?? is that normal? I spoke to my lawyer and he said basically that there is no point fighting it cause the charges against me are for finanical advantage and basically i am guilty of that as the money did reach my bank account. we still havent received any information from centrelink in regards to the times it happened where i had incorrectly reported so at this stage it looks like the court date will get ajorned. My lawyer also said nearly all these cases end up with a conviction record
I have always maintained in these forums as many of you would be aware that the very first thing you should do CALMLY when a government authority accuses you of an offense...and you have a right to discover this....is to ask for the EVIDENCE as used for the basis of the accusation...that is the documents concerned and a detailed explanation in writing of the xytical and legal conclusion for that accusation You should request copies of these. You can then ask for a period...say a week to scrutinise the evidence and any other matter as connected with it. You should NEVER go unprepared to any interview of any kind
i got finger printed because i got 2 year good behavour bond and a criminal record "against the commonwealth government" basicaly a fraud charge.. they where looking at weekend detention but i work weekends and they dont do weekend detentions during the week days .. basically be ready to get a criminal record plus one of these
comunity service about 200 hours
good behavour bond
if you dont work weekends at the moment i would suggest you get a weekend job so you dont have to do weekend detention, having kids wont save you from going to jail, it depends on the magistrate, and how many years this went on for, and if you didnt bother to try and contact them to tell them the income reported at the time was wrong, i didnt bother to read there letters ( who does)and they where letters about updating my income estamites, as i thought it would all pan out over the year..
basically i was crapping my pants as i have 2 kids (one under a year)and if my job finds out about the charges im jobless
honestly dont waste your money i should of just pleaded guilty got it over and done with and saved myself $6500 as i got the some out come taking it futher.just make sure the money is paid back before you go to court as it will work a little in your favour, and if you have a gambling problem or drug problem say so, as on my first appearance there where other people there and they where all using these excueses and i think it helped them a little as well as to why they did it..
maybe find out what day the court hearings are on and go and watch them to see what the others are getting as punishment and what they are saying to help you with your court day.. its actually interesting and you will be surprised to see how many peolpe are in the same vote as us..this may help you prepare for yours.. i hope i have helped you a little bit, i dont wont to scare you but i wont you to be prepared for yours as i didnt know anyone that this has happened to before other then myself
badluck.. what state are you in? my lawyer said there are a few options before going to jail aned usually the magistrate only sends you to jail if he feels that is the right punishment.. its so confusing what to do, the centrelink person i had the interview with told me to only pay minimal repayments and not to increase it and when i offered to pay a lump sum she said not to and now my lawyer has said that it would have worked in my favour if i had gone and that. basically my lawyer has said to plead guilty cause they are charging me for finical advantage of the commonwealth government basically and I did receive the money into my bank account even though i wasnt delibratly frauding the system, i do now regret not writing down the persons name and date and time when i spoke to centrelink and was given the wrong information when reporting. we still havent received any of the information from centrelink in regards to the charges. the court date is the 11th of november so we are going to get it adjorned till we get to go over centrelinks side of the charges. I'm really not having a great time at the moment with all this stuff and just found out that i have cancer. so im really hoping this centrelink stuff doesnt drag on to long.
Badluck...you seem to be similiar in predicament to those guys in those old B&W "film noir" movies of old....where they get all these bad breaks right throughout the movie. Fingerprinted? Charged with criminal fraud? What did you do....steal from the taj mahal? And now you say that you have cancer???? Gees you are certainly meeting a lot of uncompassionate people in law enforcment/judiciary??
i dont have cancer its "confused " that does..
the first thing they will ask when you are in the court is have you paid back the money back..i didnt do anything other then not declare my income right it was about $100 a fortnight out ... but mind you i was under for the yearly figure , the magistrate said worse case each charge is a year worth in jail.. best charge good behavour bond plus criminal record .. every time i spoke with centrlink i was given a different answer but at the end of the day you didnt corrected it (same as me ) thats all they care about..everyone one the day that was there in court got finger printed and a criminal record.......and they had all paid the money back...not one person in the court room had a debt outstanding
just to update everyone on what happening, i finally got the information that centrelink are charging me for and some things are completely wrong. It says i have a 22 month old toddler, which i dont, i have a newborn baby who is only a few weeks old. the ages they have for my older 2 children are correct. and also the amounts of my income ae completely different as well from previously letters from centrelink! very strange, im going to see my lawyer tomorrow!!
I feel for you, my mate was just done for Centrelink fraud in the amount of $17K and he got a 150 hour community service order. It seemed completely over the top considering he works for an extremly busy government agency and is as far from a criminal as you could get!
I work within the corrective system and can honestly say that its highly unlikely that you will get gaol time for this, especially for a first offence. However, your lawyer is correct, you should plead guilty because that is the black and white of it - you received the money so you are guilty. What you need to stress to the Court is that you did not intend to defaud Centrelink. Another strategy that will work in your favour is obtaining testimonials from as many reputable friends and family members that you can, who can tell the Court what an honest, well meaning citizen that you are. Write a submission to the Magistrate outlining how mortified you are at your error of judgement and how you made immediate moves to repair the mistake by way of repayment. I don't think it would have made a difference whether you paid the debt in bulk or if you stuck to the minimum repayments - I would have thought that it would look even dodgier if you had the money to repay $14K in a lump sum than in small doses!!!
Hi like you confused I am set to go to court on Nov 11. I have hired a barister costing me over 2000 yet I recieved a phone call today advising me that the news isnt good that centrelink are pushing for a jail sentence & I need to expect at least 2 months. I owed 9000 & have been paying off 100 a week for the past 2 months with a letter from centrelink ageeeing for the amount however apparently that means nothing. Also the fact I have a so due to grad from defence force acedamy in Dec & a son getting straight a+ awards at boarding school & having a great career apparently they would rather loose me my job so its harder to pay them back n have to pull my son out of great education & maybe loose our family home. I have done nothing but cry all day & written my sons letters to tell them how much I love them for my husband to send them when I go to jail. This is so unfair.
godihopenot --- have u got a criminal history?? my lawyer has said that i wont go to jail that most i will get is a fine or community service. i am so nervous still but im glad i have picked up the mistakes before the court date. was yours a similar situation?? Im getting character references from ppl i worked with through the time period and my lawyer suggested as well to get someone close to me to write a reference saying how i opened up to them about the situation and how stress etc i am about it all. have you seen the briefing the dpp are taking into court?? please keep me update with how everything goes for you!!
godihope not .. why jail i was in court 2 weeks ago and it was for 8k i got a criminal record but i also got a good behavour bond,, yours is not much more then mine .... where you in the same vote as me working and made miss calulations of pay (i devided my yearly income into 26 weeks ,which happened to be wrong by centrelink which in the result led to over payments)but was still under the yearly figure..how will work find out unless you tell them, i havent told my work if they find out im in the same vote and will lose my job as i work in the financial business. will it make a difference if you got a loan and paid it back before court
my friend is due to go to court next week for roughly 13,000k in overpayments due to incorrect reporting. he has seen a solicitor and is has been paying back the debt for over a year now. The solicitor said, however that centrelink will not allow him to see the information they have regarding their case against him until the morning he goes to court!!! he is freaking out and i hear a lot of people mentioning that he has the right to view the evidence against him but who does he turn to when they wont even give it to his solicitor?? is there a higher power he can speak to to force the release of this information? please if anyone can help would love to hear from you ....
I guess he can try the commonwealth ombudsman. I always thought that you had the right to see evidence against you 2 weeks before the court date.
On what grounds are they refusing to supply it to his solicitor?? If they only get to see it that morning, then I would think any reasonable solicitor would just inform the magistrate that this info has been refused & call for an adjournment to go over the facts & figures with his client.
As has been said earlier in this thread, centrelink are pretty good at getting their facts & figures wrong.
hey i have been told that you apply to centrelink for all the information through the freedom of information on ur account, there is a link on centrelinks web site. My solicitor has said if we dont get the information we are requesting at the moment then next step is to apply to see my whole file. Maybe your friend should see a different solicitor. My solicitor is getting my court case adjorned tomorrow cause we still havent received all the information from them, especially with all the amounts are different. Get your friend to look right through all the information that he has received from centrelink and compare it to the information from the director of public prosercutions which will be the ones that centrelink have passed all the information on to take to court. Thats the information my solicitor has told me!
Im still so nervous about tomorrow, but i will keep you all updated cause it seems to be happening alot. I am so glad i have picked up on the mistakes!
Centrelink fraud is by far the most common topic discussed at Magistrates court. For you to go to jail on Centrelink fraud charges you would:
1. Got a very large some of money, over 10 K +
2. Had prior criminal behavior of similar circumstances
3. Pleaded not guilty
4. Represented yourself in court
Dont listen to what the prosecution threaten you with, the neither do cops or Centrelink impose any penalties, its up to the judge to do that.
So if you think you will go to jail on Centrelink related fraud crime and its your first offence, relax, community service or good behavior bond it is, but you will need to pay back what you took.
Hi, I have just been given a summons to attend court for centrelink fraud of 20+k for rent assistance. I am going to plead not guilty & fight this as my circumstances in which this happen is complex by having an ex husband putting the property where I reside in joint names to protect his investment for his children in case of his death or partners claiming on his estate. In agreeing to this my maintence payments from him was now gone as it was his way of me paying rent.
Now as far as I was concerned I was paying rent, I was recieving no payments from him, and now I am the one out of pocket and was claiming what I thought was right.
I explained it all to centrelink but was ask for me to come in for an interview but they told me first to contact a legal agency (number was provided by centrelink)I did this and was told do not attend any meetings with centrelink as this is only an interview to help them gather more evidence on me. I rang centrelink & told them I have been advised not to attend, centrelink said we will let you know either way if my case will be passed on to the DPP.(centrelink sent a letter saying they passed it on to the DPP)
Well that was about 6 weeks ago and I have just recieved a letter from the DPP with a court date.
Now I am going to request my complete file from centrelink (FOI)freedom of information and go through it with a fine tooth comb and I will keep requesting files that I find missing.
I am going to get this property out of my name as I have no claim on it anyway (i know i could but i don't need the hassles because it was not mine in anyway, just a safe guard for him to leave for his children)which I thought was a good idea at the time.
Then I want my maintence back from him and I will start paying him rent and then claim it back in rent assistance from centrelink.
That is if he does'nt sell the house, the thing is the security for the kids not moving from place to place is why I have'nt packed up & moved.
My ex does not live with us, he has his own place.
I don't want to go to gaol but if it means by proving my case instead of taking the easy way and plead guilty (which is usually recommended)I will have to do the time & appeal any convictions which the judge may pass down.
If you feel your in the right and no wrong doing was intentional then fight the charge.
Let the DPP produce their evidence as most will be unprepared because of the high percentages of people pleading guilty so no evidence has to be proved as you have convicted yourself by your plea.
I will keep you informed in what I discover. Keep your chin up
well court got ajorned and we got the evidence from the dpp which all looks really strange, what they have given us is a file with a list of all the times i logged into centrelink website to report my income but they dont show us what i actually reported, it says on the evidence that the web capture is not available for all the times they are saying that i reported my income incorrectly. My solicitor has said that it is really strange that it has show up like that and we really need to track down these web captures because that is proper evidence.
I hope that makes sense. Once again im so glad i have pick up on mistakes, i got back to court on the 13th of january. Lets see what i can find out between now and then
yeh thats why we think its really strange, you would think they would have the actual amounts with the reporting as proof. It makes me wonder how many other ppl have gone through the same thing and not looked into it and have just said they were guitly! I am guessing they feel the interview i had with them etc might be enough proof, its strange 2 different letters from centrelink show different amounts i delcared and earnt compared to the amounts the dpp have. There is a big different between the centrelink letters and the dpp's briefing they are taking into court!
I work with people who are unemployed and I also support people who are disabled and working. Imagine trying to explain to a person with learning disabilities who struggled to finish year 9 that they have to report their weekly wage, and estimate their yearly wage, and report any other income, and what other income is meant by, that they have to report rent changes, changes to any aspect of their life, any people moving in or out of their accomodation etc etc etc. Centrelinks requireents are so bloody confusing that they beg people to stuff up. Then if you defraud the Governent "God help you". Badluck I have prosecuted matters where people comitted offences of extreme violence and got less penalty than you, without conviction. In fact I recall being in court and showing video footage of a young male straddle an unconcious male on the ground and smash his head repeatedly, 11 times in fact, into the pavement. The victtim, 9 months in rehab and is now disabled though able to look after himself with assistance from his carer. Offender, who was already on a Bond for a violent assault the year before - a further good behavior bond, extended for 3 years to 5 years in total, fine and anger management classes. The next year he did the same thing again and hung himself in jail because he was concerned that he was going to get a long sentence. Oh the wonders of the legal system!!!
what also gets to me is that each year when i did my tax i got a letter from centrelink each year saying that they owed me money, most of the time they owed me $1 to $2k for various reasons, then i go to court because i was over on my fortnightly single parent payments(sometimes $50 some times $10)as far as they are concerned i did wrong.. even though they gave me more money after i did my tax. basically they do what they wont
the way centrelink is carrying on with people, no one is going to be game enough to go to work anymore as you'll end up some where down the track in court defending yourself..
what also gets me is on there web sit it only says "ESTIMATE" for your fortnightly income. How can someone end up in court for estimating an estament...
It seems you did not understand the social security act like many others do all the time.
Have you ever read the info on the back of the letters they send you?
And no you wont get into anymore trouble for telling them where to go. That could go in your favour in court along with your misunderstandings.
Hi whyisthisso, which state are you in? Yr situation sounds very familiar! My partner & I have a similar problem with his ex who was a junkie at the time of the free rent in lieu deal. He refused to pay her cash for self evident reasons, don't want her to get into more legal trouble, so we're helping her. Can you get your ex to write up an agreement with you which states that it was his idea, (as it was my partner's idea, not hers)and was actually "rent in lieu" of Child Support? That should help no end. Our (or more correctly her) case is up for hearing very soon, will advise you of the outcome. Best of luck 'cos it sure is scary; really feel for you.
just a update on my situation, i have been to the lawyers today to find out whats happening as my court case is due in next week and looks like it is getting adjorned again. the dpp are saying they dont have the copies of the income reporting i had done!! To me & my lawyer that is very strange. I am still going through and chases up information because there is still a huge difference in the amounts declared! centrelink say i declared roughly $40 000 and the dpp are saying i declared $25 000, but yet the debt is the same amount. seems strange considering the dpp got the info off centrelink!!
I hate to be the bearer of bad news, but whoever said "they don't lock mothers away" is so wrong. I was incarcerated at BWCC in May 2009, and the amount of mothers in jail made me sick. A pregnant lady from Byron Bay actually gave birth in jail..... she had gone to court thinking "they can't lock me up, i'm pregnant". There's also the mothers who are locked away from their 1, 2 and 3 year olds. It's the most painful thing watching a mother deteriorate because all she needs is her children.
When I was sentenced, I stood in court thinking "There's no way I'll go to jail" (just as my lawyer had told me). I had a wonderful job, was studying Full-time at Uni, just won a scholarship, had excellent references, no previous convictions. Mine was for a total sum of $11,000. It really just depends on the judge you get on the day.
All I can say is the best of luck to you, I know exactly what you're going through and the anxiety you must be feeling. You really should try get the best lawyer you can afford and run through everything with him 100 times until you're certain he or she knows what she's talking about.
Indie, just out of curiousity was ur situation a centrelink matter??? recently in my town there was a mother who went to court for similar situation to mine but her debt was $24 000 and all she got was a 2 year good behaviour!!! i havent heard of any cases of $11 000 centrelink cases going to jail unless they had prior convictions etc!
I currently have 3 letters in my possesion from C/link dated in 2001 all on the same day.
1. We have underpaid you after reviewing your tax and your partners here is $###.)) Paid into your bank acct:_______
2. We have underpaid you after reviewing your tax and your partners here is $###.))Paid into your bank acct:_______
3. After reviewing your tax and your partners you now owe us $###.)) as the amount is under $1000 we will waive this, this year.
All letters related to family tax payment A. from the understanding of reference numbers one was produced in Tas. One in Melb and one in Perth.
Since that day I have claimed any centrelink payment at the end of the year, mind you 3 different operators thought it was quite funny (would be if you did't get the bill. They are hopeless and if you can stretch and afford claim at the end of the year. I now take it as forced savings - kn0owing that by xmas it will be paid - government xmas account. may not get interest but not paying bank fees either. Good luck
Basically I have just received a letter from Centrelink that I an option to attend an interview with some Centrelink investigators in regards to my debt i need to pay Centrelink. the interview will be taped and they will talk to the DPP after this interview.
For those of you that have done this, do I seek legal advice first before speaking to them? I can't affort a lawyer so I wlll need legal aid, how useful are they?
And some of you have attended the court hearings, any updates?
I am feeling realy bad at the moment, i don't want to go to jail.
oakton 2010-02-27 17:20:41
My sister in NSW recently went through a very thorough Centrelink investigation after receiving payments for single parent, when most of the time her partner was with her. They had a lot of problems and he would come and go. The amount was in excess of $70K. The investigator said they were going to get her for this. However, with a lot of documentation including countless AVO's and references etc, they told her they were satisfied and the case was closed. She was fair sh*tting herself and so she should. You can't fly under the radar forever !!
get legal advise asap, you should be entitled to legal aid!! what ever you tell centrelink in that interview will be used against you as evidence! it is really scarey, i go back to court on the 10th of next month and have found so many errors with the information we have but we are still waiting on the main piece of evidence which is my reporting of my income! Supposedly they dont have it, but really that doesnt make sense!!
can i ask should I attend the centrelink interview before it is handle by the DPP? I have read in this forum that I shouldn't be talking to the centrelink interview people. But I find that there are mistakes from their end, should i go there to correct the mistake or sort it out later with the DPP in court? (that's if i need to go)
umm oakton i would call legal aid asap and ask them for advise! When i went into my interview with centrelink they showed me a worksheet that they had done up and basically didnt get me to go through it fully, just asked if i could see the mistakes! its only been since that i have found heaps of mistakes when i have requested more information once it had been passed to the dpp and i was requested to go to court! make sure you write down who you speak to, times etc!
oakton ..... Below are some links to legal aid / centrelink pages on your rights.
The common advice from legal aid is that ... Quote
[ Before you go to any interview, you can ask Centrelink to give you something in writing which shows all the payments made to you and how Centrelink has worked out that you have been overpaid.
Centrelink may tell you they will show you that document when you come to the interview. But it is better for you to be able to have a look at everything first. You have a right to get a piece of paper showing, for each fortnight, what you have been paid and what Centrelink says you should have been paid. ] Unquote
Thanks for your reply jaazzz.
It's 4am now and I can't sleep, this thing is really worrying, I can't even eat too well, I have lost about 2kg in about 3 days because of this.
Can you guys tell me more about the centrelink interview? Is it all about asking you about dates and payments, etc? I have rang them up they said they want to hear the human side of things, what happened during those years, were you sick, etc. Is this true?? Do they want to hear things like I have gambling problem, or I have depression, or death of a family member, etc... Do the centrelink people during the taped interview consider these personal things as well? or only the judge wants to hear it during the court session (if i needed to go)
And also, if i have to summons to appear in court, a police in uniform actually turns up to your house and hand you an envelop right?
sorry for all these questions, I am just really worry at the moment.
First thing you need to do is get proper legal advice on this & your particular circumstances.
That will mean getting a solicitor from legal aid or elsewhere, sitting down with them & being TOTALLY honest with the facts that have lead up to this point. They will advise you on the best course of action & you should be guided by their direction.
It would probably be a good idea to find out from centrlink before you see a solicitor, whether the interview is an 'assessment interview' or a 'prosecution interview' as the two should be handled differently.
If it is a 'prosecution interview' there should be a warning on the letter they sent you stating that anything you say may be used against you in a court of law and that the interview will be taped.
jaazzz 2010-02-12 08:36:29
A bit more for you ......
Centrelink Prosecution Information
Warning: The following is general advice only. It should not be substituted for legal advice. The following information is drawn from resources including Legal Aid Commission and Welfare Rights.
If Centrelink thinks your debt arose because you intentionally told it something that was not true or intentionally withheld information, it may investigate your case further. Centrelink has wide powers to obtain information. It can obtain information from other people or organisations such as your employer and your bank. However, Centrelink cannot obtain information about you from your solicitor.
Centrelink prosecution interview
Centrelink may ask you to attend a prosecution interview. The purpose of this interview is to ask you questions which might prove that you committed an offence. The appointment letter should say if an interview is a prosecution interview. You can also tell is an interview is a prosecution interview because it will be taped. You should be given a caution or warning that the information will be used to prove offences against you in court.
Before deciding to attend a prosecution interview always obtain legal advice. In most cases it will not be in your interest to attend the interview.
You cannot be penalised for not attending a prosecution interview. You can simply ring and advise that you do not wish to attend.
Do I have to repay the debt if I am prosecuted?
Yes, even if the court does not make a reparation order, you will have to repay a debt unless the court says that it imposed a prison sentence or a longer sentence because you were unable or unwilling to repay the debt.
Appealing Centrelink decisions
Separate to the prosecution process, you have the right to appeal Centrelink decisions about debts, including the amount of repayments.
What will a solicitor do?
A solicitor will help you by examining the information that Centrelink has gathered against you and advising you on how best to proceed. They can represent you in court whether you intend to plead guilty or not guilty.
oakton, my case has been dragging on for over a year now so try not to stress, i no thats very hard cause i have been where you at! In my interview they didnt ask once what was happening in my life at that point in time or nothing, they just showed me the earnings declared and earning earnt in colums & asked if i could see the different! In the letter i received about going to the interview it said to get legal advise but when i spoke to the lady from centrelink who was doing the interview she said not to get legal advise and that it was basically a general chat to find out how the debt came about, it was a completely different story once i was in the interview room!
One question my solicitor asked me was if i had names and times etc of ppl i spoke to, i dont no if you have ever had it happen but with centrelink you seem to get different stories with different consultants! Jazzz has given you heaps of advise but ring legal aid they are probably the best ones to talk to before attending the interview if u wish to go ahead with it! If i could go back in time, i probably wouldnt have gone to the interview because to me it was extrememly stressfull!
wouldn't you ask for an approx price before deciding to use that particular lawyer?
anyway, do you mind telling me what happened during your first court appearance, did you have to speak, were there a lot of questions, does the prosecutor cross examine you? how long did it go for? how was the judge?
sorry for all these question, I am very worry about it. Your answers might be able to make me feel more at ease.
I have pleaded not guitly, the reason why i didnt ask the price of my solicitor was the fact that I know the solicitor that i have is really good! with the first court appearence i was in the court room for only a few minuets cause the case was adjorned straight away as we havent received the evidence, we didnt receive anything at all and was refused all the information that was showen to me in the interview!
My summons came in the mail. Owe around $11k from not declaring proper income whilst on PPS. This is an absolute nightmare.
The judge I had was ok I spose. Said that the prosecution would most likely ask for a jail sentence. Then said that I have been paying it back so that would work in my favour. Was very quick, I got ordered to a pre-sentencing report. Which they said I would most likely get community service. But no guarantee.
So stressful worrying about what will happen to my 5 children, my 3 month old baby and my house.
NSW, The actual pre-sentencing report I have not seen. But she did say community service was most likely as she discounted weekend detention due to children and distance to the facility. Also said due to past history and no criminal record, drug use etc I would not need supervision. She basically just went through my life. Parents, where I was at time of offence and current.
[QUOTE=whyisthisso] Yes confused83 it is full on...I have'nt yet hired one as yet, but have seen a few for their thoughts on it and it is complicated. I will keep u informed as to what happens next, god I looking up every law & case I can by the time I am finished I will be a bush lawyer. LOL[/QUOTE]
any update on this?