Section 10 states a No Conviction case. It is when you are guilty or a criminal offence or a major traffic offence but the Court establishes not to charge you with a criminal conviction or licence disqualification. Section 10 of the Crimes Act 1999 is a powerful sentencing procedure and gives the courts the power to deal with guilty individuals by:
- dismissing the charges completely
- discharging the individual into a good behaviour bond for 2 years or less or
- discharging the individual into an intervention program such as a drug and alcohol program or a traffic offender program.
This essential eliminates all high penalties and indicates that there is no criminal conviction, no fines, and in driving cases, no licence disqualitication.
All criminal charges and driving charges are available to get a section 10. However, the court considers many factors when making their decision whether to grant a section 10 to an individual:
(a) the person's character and history, age, health, and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed, and
(d) any other matter that the court thinks proper to consider.
Your chances of getting a section 10 are better if you can provide some materials in court that show you are otherwise of good characther, the offence was convicted during a difficult time in your life, or you have taken steps on improving underlying issues which may have led you to commit the crime or traffic violation from the beginning.
Sydney Criminal Lawyers can help with a no conviction recorded for a criminal or traffic charge you have been convicted of. If you are trying to gain a section 10 on your criminal defence charge, and believe you have extenuating circumstances, our attorneys can help. Call us at (02) 9261 8881 to find out your penalty, make an appointment or have a lawyer call you! Visit us at http://www.criminallaw.com.au/section-10-dismissal for more information.
Sunday, April 8, 2012
Tuesday, March 13, 2012
Appeals court tosses Armenian payments law
A federal appeals court on Thursday struck down a novel and
controversial California law that allowed descendants of 1.5 million
Armenians who perished in Turkey nearly a century ago to file claims
against life insurance companies accused of reneging on policies.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits.
Ousted Ind. official sentenced in voter fraud case
Indiana's ousted top elections official was sentenced Thursday to a year
of home detention for six felony convictions that a judge refused to
reduce to lesser crimes — a ruling that, if upheld on appeal, will
likely cost him not only his office but also his law license and
livelihood.
Hamilton Superior Court Judge Steven Nation said the intentional disregard that Secretary of State Charlie White showed for the law outweighed portrayals of him as a loving father and husband. The judge refused to reduce the six felony convictions to misdemeanors that would have given the 42-year-old Republican a chance to hold onto his office.
"I believe he violated the trust of the people," Nation said.
White told the judge he would appeal the one year's detention on each of the six felonies, to be served concurrently, and Nation stayed the sentence pending that. The judge also fined White $1,000 and ordered him to serve 30 hours of community service.
But White, his wife, and his attorney said his legal problems have cost him much more than part of his freedom and his political and legal career. Defense attorney Carl Brizzi said White and his wife, Michelle, have stopped making mortgage payments on the condo that was at the heart of his legal troubles and likely will lose ownership of it. White said his assets have dwindled to whatever equity he might have in the home and small stock and bank accounts and a 5-year-old, beat-up Jaguar automobile.
Hamilton Superior Court Judge Steven Nation said the intentional disregard that Secretary of State Charlie White showed for the law outweighed portrayals of him as a loving father and husband. The judge refused to reduce the six felony convictions to misdemeanors that would have given the 42-year-old Republican a chance to hold onto his office.
"I believe he violated the trust of the people," Nation said.
White told the judge he would appeal the one year's detention on each of the six felonies, to be served concurrently, and Nation stayed the sentence pending that. The judge also fined White $1,000 and ordered him to serve 30 hours of community service.
But White, his wife, and his attorney said his legal problems have cost him much more than part of his freedom and his political and legal career. Defense attorney Carl Brizzi said White and his wife, Michelle, have stopped making mortgage payments on the condo that was at the heart of his legal troubles and likely will lose ownership of it. White said his assets have dwindled to whatever equity he might have in the home and small stock and bank accounts and a 5-year-old, beat-up Jaguar automobile.
Wednesday, February 22, 2012
Former Sen. Martinez Joining Tampa Law Firm
Our blogs like to feature news circulating with local law firms and attorneys in the country. Today we would like to take part in announcing a former senate leaving his position to join in a Florida law firm. Law Web Design would like to wish him success with his new move.
Mel Martinez's career plans after leaving the Senate appear to be bringing him to Tampa.
The Orlando Republican is joining the offices of DLA Piper as a partner in its Washington and Tampa offices, according to Legal Times.
DLA Piper partner Ignacio Sanchez confirmed the news following a partnership vote. Martinez, who left the Senate earlier this month, starts at the firm on Oct. 1, Legal Times reported.
"When he announced he was going to retire and let the governor appoint someone to finish out the term, I immediately talked to him and said, you really ought to consider looking at our firm. I think you would really do well, and we would love to have you," Sanchez said.
The former senator will be banned from lobbying for two years, though Sanchez said he will be able to advise clients on a range of issues.
Mel Martinez's career plans after leaving the Senate appear to be bringing him to Tampa.
The Orlando Republican is joining the offices of DLA Piper as a partner in its Washington and Tampa offices, according to Legal Times.
DLA Piper partner Ignacio Sanchez confirmed the news following a partnership vote. Martinez, who left the Senate earlier this month, starts at the firm on Oct. 1, Legal Times reported.
"When he announced he was going to retire and let the governor appoint someone to finish out the term, I immediately talked to him and said, you really ought to consider looking at our firm. I think you would really do well, and we would love to have you," Sanchez said.
The former senator will be banned from lobbying for two years, though Sanchez said he will be able to advise clients on a range of issues.
Gates Gains While Other Law Firms Suffer
Like most law firms, K&L Gates LLP faces headwinds. The recession
has cut demand for many corporate legal services, including work on
mergers, real estate and corporate finance. In turn, profits at firms
across the country have plummeted, forcing many of them to fire
attorneys, freeze salaries and shut offices.
Peter Kalis, chairman of the 1,800-lawyer K&L firm, has felt the pain first hand. He cut costs sharply this year, including firing about 40 attorneys and 200 other staff members.
But the 59-year-old West Virginia native -- a Rhodes Scholar, Yale Law School graduate and clerk for Supreme Court Justice Byron White -- hasn't curtailed his expansion ambitions.
In the last two years, he has overseen mergers with firms in Chicago, North Carolina and Texas, and he has opened offices abroad, including in Singapore, Frankfurt and Dubai. His Pittsburgh law firm now ranks among the nation's largest, with 33 offices around the globe.
And Mr. Kalis shows no signs of slowing down. "Downturns can present extraordinary growth opportunities," he says. "But if you are lost in navel gazing and you don't have your head beams on high looking down the road, you'll miss the opportunities."
Peter Kalis, chairman of the 1,800-lawyer K&L firm, has felt the pain first hand. He cut costs sharply this year, including firing about 40 attorneys and 200 other staff members.
But the 59-year-old West Virginia native -- a Rhodes Scholar, Yale Law School graduate and clerk for Supreme Court Justice Byron White -- hasn't curtailed his expansion ambitions.
In the last two years, he has overseen mergers with firms in Chicago, North Carolina and Texas, and he has opened offices abroad, including in Singapore, Frankfurt and Dubai. His Pittsburgh law firm now ranks among the nation's largest, with 33 offices around the globe.
And Mr. Kalis shows no signs of slowing down. "Downturns can present extraordinary growth opportunities," he says. "But if you are lost in navel gazing and you don't have your head beams on high looking down the road, you'll miss the opportunities."
Newport News firm a big donor for Democrats
Newport News law firm Consumer Litigation Associates typically doesn't cut a high political profile.
But in this year's slate of elections, the Peninsula firm is suddenly a major player, donating almost $380,000 primarily to Democratic candidates.
The bulk of the money has gone to partner Robin Abbott, a Democrat running for the House of Delegates. The firm's founder, Len Bennett, is a longtime Democratic donor who supported President Barack Obama, among others. Bennett said he wants to support candidates willing to crack down on consumer fraud.
On the campaign trail, Bennett has been aggressive, even taking to Internet message boards to defend Abbott. In places typically filled with anonymous screeds, Bennett signs his full name and offers links to articles on consumer law.
"It's probably not smart to put our name out there like that," he said. "But I've got to be able to stand behind what I'm posting."
Bennett said he hopes his campaign contributions help free state lawmakers from the financial reliance on major donations from lobbyists and corporations so they can make "the right decisions."
"Maybe it's naive, but we'll see what happens over time," he said.
Abbott's opponent, Newport News Republican Del. Phil Hamilton suggests ulterior motives.
"You've got to kind of wonder what they're after," he said. "What is Consumer Litigation trying to buy?"
So far this year, the firm has donated $379,643 and Bennett has chipped in another $38,800 almost exclusively to Democratic candidates. The sole Republican donation — $5,000 to Newport News Del. G. Glenn Oder — was likely linked to Oder's work against payday lenders and was cut before Democrat Gary West entered the race.
Bennett has donated cash, office space and laptops to Abbott's campaign and reached out to fellow trial lawyers with a pledge that he would match donations to Abbott. According to the Virginia Public Access Project, which tracks campaign spending, nearly two-thirds of Abbott's cash comes from the legal community. Meanwhile, the firm has given generously to Democrats running statewide, cutting large checks to Creigh Deeds, Jody Wagner and Steve Shannon.
But in this year's slate of elections, the Peninsula firm is suddenly a major player, donating almost $380,000 primarily to Democratic candidates.
The bulk of the money has gone to partner Robin Abbott, a Democrat running for the House of Delegates. The firm's founder, Len Bennett, is a longtime Democratic donor who supported President Barack Obama, among others. Bennett said he wants to support candidates willing to crack down on consumer fraud.
On the campaign trail, Bennett has been aggressive, even taking to Internet message boards to defend Abbott. In places typically filled with anonymous screeds, Bennett signs his full name and offers links to articles on consumer law.
"It's probably not smart to put our name out there like that," he said. "But I've got to be able to stand behind what I'm posting."
Bennett said he hopes his campaign contributions help free state lawmakers from the financial reliance on major donations from lobbyists and corporations so they can make "the right decisions."
"Maybe it's naive, but we'll see what happens over time," he said.
Abbott's opponent, Newport News Republican Del. Phil Hamilton suggests ulterior motives.
"You've got to kind of wonder what they're after," he said. "What is Consumer Litigation trying to buy?"
So far this year, the firm has donated $379,643 and Bennett has chipped in another $38,800 almost exclusively to Democratic candidates. The sole Republican donation — $5,000 to Newport News Del. G. Glenn Oder — was likely linked to Oder's work against payday lenders and was cut before Democrat Gary West entered the race.
Bennett has donated cash, office space and laptops to Abbott's campaign and reached out to fellow trial lawyers with a pledge that he would match donations to Abbott. According to the Virginia Public Access Project, which tracks campaign spending, nearly two-thirds of Abbott's cash comes from the legal community. Meanwhile, the firm has given generously to Democrats running statewide, cutting large checks to Creigh Deeds, Jody Wagner and Steve Shannon.
Atlanta Law Firm Foundation Aids Flood Victims
The national law firm Fisher & Phillips LLP announced today that a foundation it established following Hurricane Katrina in 2005 is helping its attorneys and staff affected by the recent devastating floods in Georgia. The firm is currently accepting assistance applications from the Georgia employees of Fisher & Phillips who suffered damage.
Chairman and Managing Partner Roger Quillen said: “The attorneys and staff of our firm who were not directly affected by the flooding have displayed the same desire to aid their co-workers as they did when Hurricane Katrina damaged or destroyed the homes of our people in Louisiana. It does my heart good to see how our extended law firm family comes together in a time of need.”
Robert Christenson, chair of the firm’s Employee Benefits Practice Group, pointed out that any employer can create a charitable fund to provide immediate disaster relief assistance to its own employees. When properly organized and operated, donors receive a tax deduction for contributions to such a fund, and recipients of assistance do not pay income tax on money they receive. Employers have been permitted to set up such funds since the 9/11 disaster. Following that tragedy, Congress enacted the Victims of Terrorism Tax Relief Act of 2001, which allows an employer to establish a 501(c)(3) private foundation for the purpose of providing timely disaster relief assistance to its employees and their families (an “Employer-Controlled Foundation”). Disasters such as Katrina and the Georgia floods are covered by the Act.
Christenson said: “A foundation such as ours gives employees the opportunity to aid their colleagues who have been affected by a disaster or tragedy. Our attorneys are ready to assist any company that wants to move quickly to establish its own foundation to help during this time of need. We will put together the organizational documents, help with the tax filings, and explain the law to ensure that employers properly establish their foundations.”
The Fisher & Phillips Foundation provides money for such things as living expenses and uninsured repairs. All assistance is purely “needs based” and a committee ensures that the funds are properly distributed. Following Hurricane Katrina 17 attorneys and staff received a total of $77,000 from the foundation. The firm donated $60,000 to start the fund and lawyers and staff donated an additional $22,000. The firm has committed to donate an additional $40,000 to the fund as needed and the foundation is also accepting donations from attorneys and staff to help the Georgia flood victims.
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