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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42649
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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7 years ago I was released from prison 6 mths list of small offences, ille

Customer Question

7 years ago I was released from prison for doing 6 mths for a list of small offences, illegal use of motor vehicle, driving unlicenced and making off without payment at a service station. I was put on parole for 9 mths and home detention. I completed home detention and am.not entirely sure if parole finished or not, but I was fined and due to appear in court for a DUI charge, but moved interstate and changed my last name. I have since had been caught driving with no licence twice from speeding, but no warrant has come up. I'm assuming because of my name change, I'm not sure. 2 weeks ago, I was fined with possesion of utensils and stolen goods and given a notice to appear in court. I had to give my finger prints and now have court tomorrow. I'm worried that now they have my prints, they will link my prints to my warrants in SA. I have had contact with the police under my new name, but nothing has been brought up about the interstate warrant. Will I go to court and remanded now they have
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Was the home detention part of the parole conditions?
I am sorry to say but you are correct to be worried. The fingerprints can find your record in SA and that will go against you in any sentencing that the court hands down.
I am surprised the police have not asked you whether you have been known by any other name. Have you actually changed your name by deed poll?
Customer: replied 1 year ago.
I changed it throygh birth deaths and marriages. Home dentention was part of parole. They haven't asked about change of name at all. I don't look any different either in my photos.
Customer: replied 1 year ago.
How can I find out if I have a warrant? Can I call a station in SA and ask? I won't be allowed to adjourn it tomorrow without being held on remand will I?
Customer: replied 1 year ago.
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Expert:  Leon replied 1 year ago.
Good Evening
Ok then your parole was over when your home detention finished.
The only way you will know about the warrant is to call the court that you were to appear in and ask the question on what happened.
If the name change was done in QLD they may do a search and see your original name and when they do a criminal record search all your convictions will come up.
The DUI that you failed to turn up on will be noted as a charge as well as any warrant issued by the court.
The court in QLD cannot deal with the SA charge and they will not do anything about it. If the SA police decide to come and get you they have to apply for you to be extradited back to SA.
But in your sentencing in QLD for this offence the court will look at your previous record and decide based on your past.
When you go to court the police will have a copy of your record and they should give you a copy.
Do you have a solicitor?
Customer: replied 1 year ago.
No, I didn't think this as serious as it may be til now. If I dont have any drug charges in SA, will that reflect at all on my charges now? If I go to court and adjourn it, do u think I'll be remanded? I have been working full time since I've been out.
Customer: replied 1 year ago.
So the courts tomorrow cannot remand me for the SA warrants if there is one?
Customer: replied 1 year ago.
Can the police in SA tell me if there is a warrant put for me?
Expert:  Leon replied 1 year ago.
Good Evening
The court will see everything on your record.
You wont be remanded. If they were worried about you skipping they would have remanded you before now.
You should get an adjournment so you can get legal advice and speak to the law society of QLD and get a referral to a solicitor.
Here is there website
http://www.qls.com.au/Home
But do not enter any ole just ask for an adjournment. If you are not confident about doing that yourself, speak to the legal aid solicitor in the court and they should appear and get the adjournment for you.
They can't remand you for the SA warrant unless there is an application by the SA police. As they do not know where you are the QLD courts will not do anything.
I hope this makes sense and if there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
Thank you Leon.
Expert:  Leon replied 1 year ago.
Good luck with it.
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
Please do not forget to rate my work as I am only paid if you rate me positively.
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon