Don’t leave your sentencing results to chance. Take full advantage of your lawyer’s expertise in sentencing law to ensure you get the best result possible.
Your solicitor will prepare and present submissions to the court concerning the circumstances of your case with the aim of obtaining the most lenient and appropriate sentence available to you.
In considering an appropriate penalty, a Magistrate must weigh up the facts presented by police and any submissions you make. This is where a good solicitor makes all the difference.
Firstly, it’s important to remember a Court hears a significant number of cases every day. Your lawyer can work with you to ensure your case stands out with carefully judged character references, stories and anecdotes that bring you to life for the Magistrate and earn his or her trust.
A good solicitor also knows exactly what the court wants to hear – and what to avoid so you don’t make matters worse. He or she will make the most appropriate submissions on your behalf designed to substantially increase your chances of obtaining a lesser sentence.
There are a wide variety of sentencing orders available to the Court, depending upon the seriousness of your offence. These include:
- Diversion Order (charges withdrawn on conditions)
- Non-conviction conditional adjournment with an undertaking or dismissal
- Deferral of sentence for defendants
- Suspended sentence
- Community-based order
- Combined custody and treatment order
- Home detention order
- Drug treatment order
- Intensive correction order
- Intensive correction management order
- Youth Justice Centre order
- Conviction and adjournment or discharge
For a full list and descriptions of possible sentence options, click here
Your lawyer must also make submissions about whether you should lose your licence and, if so, for how long. It may be relevant to your case to argue as to whether you should pay for any loss or damage caused or allegedly caused by your offending. This is also an important part of submissions Paul Horvath Solicitors prepare carefully.
After weighing up the case and considering all submissions the Court makes a decision based on the most appropriate action, whether that is punishment, rehabilitation, deterrence or protection for the community.
But ultimately the Court exercises its own discretion in determining what sentence should be imposed – and the stronger, more convincing your submissions are, the more likely you’ll receive a favourable result.
Finally, retaining legal representation for your sentencing hearing also shows the court you take the matter seriously. Magistrates understand the added expense you’ve gone to and can take this financial penalty into account when considering your case.
If you need frank, honest and expert legal advice on sentencing, contact Paul Horvath Solicitors to discover all your options.