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VIC Pleaded Guilty to Assault Charges - What to Do Now?

Discussion in 'Criminal Law Forum' started by amypearl, 9 December 2015.

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  1. amypearl

    amypearl Member

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    Hi there,

    So when I was 19 (young and dumb), I was out dancing in a pub. A girl poured her drink on me so I returned the favour and so she slapped me and we ended up on the floor, but then we both got up and went separate ways. I was near the toilets gathering myself. I started to walk towards the dance floor and she came from the toilets and jumped on me and yelling at me. I turned to face her and threw a punch in self-defence and it broke her nose. She went to the hospital and I went home.

    She charged me for assault, said if I paid her medical expenses she would drop the charges.

    This girl had been bullying me since year 9 in high school! I told her where to go and that I would see her in court.

    She had 5 people ( including her bf and a bouncer who worked at the pub) to say that I started the whole thing. I said, "well, check the cameras it will show the truth!" But in court, I was told the cameras weren't working.

    I had to keep going to court and I would have to sit there for hours! My bf didn't like it and told me I should just plead guilty so we didn't have to keep showing up to court. So I pleaded guilty...

    I wish I never did... Now that I'm 26, I really wish I had my brain back then because I would have fought that and contested it to the end!

    What can I do? Please help.
     
  2. Louise4007

    Louise4007 Well-Known Member

    Joined:
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    Hi amypearl

    I'm unsure whether a criminal conviction was recorded in your case but if it were, the following applies if the offence was committed in Victoria -

    Criminal record information is kept on the Victorian Law Enforcement Assistance Program (LEAP) database unless
    • diversion was undertaken & any applicable conditions were adhered to, or
    • a person was under 18 at the time of sentencing, or
    • the offence was committed more than 10 years ago

    • Therefore information on criminal records can be made available to employers etc for 10 years from the time of sentencing if a person was over 18.

    This information however is not normally disclosed to employers by police unless you -
    • consent/agree to it being disclosed
    • were convicted
    • sentenced to jail term or received a suspended sentence or,
    • were found guilty less than 10 years ago.
    It seems there is 3 years to wait until no criminal record information exists on your file; in the meantime however, there may be a possibility that your case could be reopened, or a right to an appeal may exist. Certain rules & criteria apply though & you would be well advised to connect with a lawyer if more information can be provided regarding the circumstances of your case. The law stipulates rehearings & appeals can be instituted only in certain circumstances where the facts of a case provide a sufficient basis for this to happen.

    Regards
     

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