Charges Withdrawn Fact Amended in Criminal Matter

When the average person thinks of contesting criminal charges the Police have filed against them, they will probably imagine barristers and solicitors in a court-room making eloquent legal arguments and examining and cross-examining witnesses. However, an extremely important but far less publicised tool in the lawyer’s arsenal involves writing representations to police before a criminal matter goes to hearing. It saves the cost and stress of going to a hearing. Representations are provided by a person’s legal representatives to police, and will usually involve both a combination of legal arguments and arguments as to the occurrence, non-occurrence or manner of occurrence of certain material facts that police are relying on in a criminal matter. In some cases, a person’s lawyer may write to police asking that they withdraw all or some of the charges that person is facing, or even that one charge be withdrawn and substituted with another, perhaps lesser charge. Representations will also often involve requests, based on argument and supporting evidence, that facts set out in a police ‘FACTS’ sheet be either deleted, altered or otherwise reworded and be presented to a court as mutually agreed-upon facts by both the Defence and Prosecution in a criminal matter. Hunter Shafiz Lawyers recently acted for a client in circumstances where the client had been charged with the offence of breaking into an ex-partner’s home with the intention of stealing from the ex-partner, and also charged with entering into inclosed lands without a lawful excuse. Based on the representations our firm provided to NSW Police in the matter, NSW Police withdrew the first of these offences, which was the more serious, in exchange for the client pleading guilty to the second, less severe offence. The implications of this for the client were that they were able to save on legal-costs associated with dealing with the more serious charge, and were instead able to focus their resources on preparing materials and providing instructions for the sentencing hearing concerning the second lesser charge. If you are seeking advice in relation to being charged with a criminal offence, please contact our office on (02) 9682 5433 or via email at info@huntershafiz.com.au.