5 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Thanks for your reply. I think that would be the best idea to do.
With regards to the pending charges, is the record going to stay there forever or would it be dropped after over certain period of time?
Also is the arrest warrant would still be active after all these years and is it only valid for the state or would this warrant be valid for the whole Australia wide?
As it states magistrates court rather than district / supreme court, does it mean this case is a minor case in which imprisonment sentence would be unlikely for him?
Yes, these days the charge will stay. Depending on the seriousness he could be arrested in another state and extradited back to the town of the charge.
He could be jailed on a case heard in a magistrates court, in my state the maximum jail time a magistrate can sentence is two years, but there is nothing stopping the magistrate referring the matter to a higher court, again it depends on the seriousness.
A possible worst case scenario is that immigration have been notified such that the police will be called when he lands and he will be arrested and placed in custody till the police decide what to do with him. As he skipped the country he is unlikely to get bail till the matter is heard.
A skilled solicitor could advise and act for him.
My friend has finally made a contact via online with one of the criminal lawyer in Australia to obtain legal advice about his case.
The lawyer said the initial consultation to obtain legal advice will be free of charged if he has been charged with a criminal offence or if there is any pending charges against him.
The lawyer then checked from the court's online system and my friend has been advised that it does not appear there are any charges / pending charges against him in the court's online system.
Does it mean the pending charges has been lifted?
My friend is really hoping the pending charges has been lifted and cleared out as he can't wait to come home.
Can I ask then why has it had shown "gains benefit by fraud" under pending charges in the national police certificate / police clearance which also shows court name as magistrates court but it did not appear to show under the court's online system?
Could the court's online system be different to the system they use for police clearance?