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QLD Partner Has Been Charged - Will He Get Jail Time?

Discussion in 'Criminal Law Forum' started by Sambo, 15 June 2014.

  1. Sambo

    Sambo Member

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    My partner has recently received 6 charges ..
    *Resisting arrest
    *Obstructing police officer
    *Public nuisance
    *Entering property(car) to cause harm with a weapon
    *and I think threatening ..

    Those are a few I remember. We have a criminal lawyer that reckons he will not get jail time. This is his first ever offence and he is the main income provider. I just wanted to see what kind of sentences or fines or criminal record he could be looking at.
     
  2. John R

    John R Well-Known Member

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    Hi Sambo,
    1. What state/territory are you in?
    2. Have you asked your criminal lawyer to elaborate on why they don't think your partner will get jail time?
     
  3. Sambo

    Sambo Member

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    Qld and he just said with it being his first offence no other criminal convictions that he's looking at a big fine. He reckons he's seen plenty of cases like this ? But we are from nz and don't know a lot about Australia's law system .
     
  4. Tim W

    Tim W Lawyer

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    So, you have a lawyer already, and you have some advice.
    What can we do in here that is better than that?
     
  5. Sambo

    Sambo Member

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    I just wanted to get extra advice tips to see what else we could be looking at
     
  6. winston wolf

    winston wolf Well-Known Member

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    I agree it makes good sense to gather as much information as possible. A sensible consumer will research the subject.
     
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  7. John R

    John R Well-Known Member

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    Hi Sambo,
    Given that your partner has no prior criminal record, any penalty imposed by the court will generally vary on the severity of the offences and any mitigating circumstances (primary bread winner, etc.).
    Assuming that the matter will be heard in the Magistrates Court, the Legal Aid Queensland website has an overview of criminal cases in the Magistrates Court and possible penalties and sentences.
    I understand that my response doesn't directly answer your question. That said, your partner has done the right thing by engaging a lawyer at the earliest opportunity. If you are looking for a second opinion, you may wish to consider contacting a community legal centre near you, such as the Caxton Legal Centre in South Brisbane or another member of the Queensland Association of Independent Legal Services (QAILS).
    I hope this helps. All the best!
     
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  8. Tim W

    Tim W Lawyer

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    in reply to which
    Respectfully, while I see your points,
    I do not think it's reasonable for the lawyers in here to be speculating
    when there is already someone working on the matter.
    You should ask these questions of the lawyer you already have.
     
  9. Rod

    Rod Well-Known Member

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    As a customer of lawyers I can vouch for the need to get advice from more than one source. The trouble people have, especially honest people with next to know experience with the law, is that many of the technical aspects of the law are unknown to them and sometimes it takes repeated information from different sources for the reality/enormity to sink in.

    It can be overwhelming for the average person to get their head around simple things that lawyers take for granted. And sometimes by just hearing the same thing, but said in a different way, it can aid with understanding.

    Your matter is important, do all you can to straighten out the mess. Do however be careful not to annoy the lawyer trying to help you, and explain that you not trying to go around him, you are just trying to do what is best for your partner.

    In my very limited experience with courts they have wide discretion on the sentences they can impose.
     
  10. Sambo

    Sambo Member

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    Thanks for the advice , he received 2 years probation and now immigration is getting involved looks like we heading home.
     

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