8 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Hello Legal Guru,
Thanks for your prompt reply. I truly appreciate.
Can you tell me if any lawyer can help me to resolve the matter while I am in overseas. As you understand that I am not comfortable with the situation and dont want to be behind bar even for a while. Since I didnt attend court I am sure some kind of warrant is waiting for me.
Ok, Police first arrested me and charged me for SIX crimes and also handed me 1 year AVO before they gave me bail. Police charged me for following crimes:
1. Section 611: sexual intercourse without consent
2. Section 61: Common Assault domestic violence related
3. Section 13 (1): Stalk or Intimidate to cause fear or physical or mental harm
4. Section 61: Common Assault domestic violence related
5. Section 61: Common Assault domestic violence related
6. Section 61: Common Assault domestic violence related
I was required to attend Downing Center Local in June, 2009.
There is no witness or evidence except recorded phone conversation.
[QUOTE=Lepard]1. Section 611: sexual intercourse without consent[/QUOTE]
That is serious and yes you could find yourself behind bars if you lose the case. I expect that you would probably be locked up on arrival, till granted bail or the case comes to court.
The maximum sentence is 14 years imprisonment.
However conviction would depend on the police having sufficient evidence and that may depend on whether the original complainant is willing to come to court to present that evidence.
In any case due to the delay from you being overseas it is possible that you could be locked up for several months til the police can decide if they are going to proceed.
One further thought, if you lose and if you were born overseas, you could be deported once you have served your sentence, regardless of having received Australian citizenship.
An Australian lawyer acting for you prior to coming back is probably a good idea, however the costs of doing this will be high and will probably need to be paid up front.
citizen-joe 2018-07-25 23:51:51
Thanks again for taking time to reply. I truly appreciate.
As I said earlier that it was false charge. She trapped me intentionally. She married me to enter Australia, nothing else. She was my wife. So there was no chance at all to have sexual intercourse without her consent. Police charged me with this, because they were having big trouble to find any evidence for DV charge. Police in fact took her to the doctor, but could not find any trace of sexual intercourse.
Anyway, I know that I must prove it in the court. What I believe that if I stand in the court with an efficient lawyer, then this case will be dropped. I have this confidence.
However, I understand that I was away for such a long time, and court may not treat me in a nice way.
I can pay upfront to a lawyer. That's not a problem. But, do you think that lawyer can work to dismiss the matter before I enter Australia? I heard about 'section 10'.... can lawyer get it in my absence? Or can lawyer talk to DPP about dropping case?
Another question, I would also like to sue my ex-wife. She deliberately lied to Australian police and immigration. She put me in a miserable situation just to achieve Australian Residency.
Amongst other things, you have been charged with Sexual intercourse without consent. A serious matter
The police would have had to prove their case at the time. You could have engaged a solicitor then to represent you if the evidence was as you say flimsy. Instead you chose to evade court & leave the country... A serious offense in itself.
I think there is little doubt that if you return here & come to the attention of police in some way a warrant will be issued for your arrest...
I suggest you engage a criminal lawyer where you are. The lawyer may be able to obtain any brief of evidence held by police regarding the alleged offenses against your ex wife & advise on the best course of action, along with how to deal with your non appearance at court...
That's really all that can be done