Question 1

What is a discharge without conviction (DWC)?

Accepted Answer

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.

Question 2

When should I contact a criminal lawyer?

Accepted Answer

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

Question 3

Do I need a lawyer if there's a free duty lawyer?

Accepted Answer

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

Question 4

What should I do if I’m falsely accused of family violence?

Accepted Answer

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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