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Frequently asked questions
A DWC is a special court order where:
• You plead or are found guilty, but no conviction is entered
• The charge is dismissed without penalty (no fine or disqualification)
• It does not appear as a criminal conviction
Note: This is different from diversion – DWCs require court approval after considering the "gravity" of offending and consequences of a conviction.
Immediately if:
• You're being investigated by police (even if not charged)
• You've been arrested or asked to attend a police interview
• You've received court documents
• You're considering pleading guilty to any charge
Why Early Action Matters:
• We can often prevent charges being filed
• Early engagement preserves critical evidence
While duty lawyers provide basic assistance, they cannot:
✓ Conduct pre-hearing investigations
✓ Challenge police evidence effectively
✓ Negotiate with prosecutors pre-hearing
✓ Prepare proper sentencing submissions
✓ Apply for discharge without conviction
✓ Represent you at trials if needed
Our Advantage: Early engagement allows us to:
• Review police evidence for flaws
• Negotiate with prosecutors pre-court
• Prepare proper affidavit evidence
• Maximise chances of discharge without conviction or reduced penalties
Take immediate action:
• Do not contact the accuser (even to protest innocence) – this may breach protection orders.
• Document evidence: Save texts/emails, witness statements, or CCTV footage.
• Request police disclosure (we can help obtain this before court).
• Avoid discussing the case online or with others except your lawyer.
Key Defence Strategies:
✔ Challenging inconsistent victim statements
✔ Proving you weren’t present at the alleged time/location
✔ Highlighting motive for false allegations (e.g., custody disputes)
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