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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5418
Experience:  Dip Law LPAB - Sydney based lawyer
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I am waiting to find out if i will be charged with negligent

Customer Question

i am waiting to find out if i will be charged with negligent driving causing death - but have a booked and paid for family holiday at the end of the year - never had any brush with the law before - if i end up being charged and have a court date pending will i be able to go and attend court on my return?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

It may be possible, but often if charges of such a serious nature are laid you will be required to surrender your passport, so booking a holiday with such a serious charge potentially hanging over you is not a wise option, as the court may not be willing to allow you to travel under such circumstances, and moreover, taking a holiday at such a time may lead the court to conclusion that you aren't taking the charges against you seriously enough, which may diminish any sympathy for you should you ultimately be convicted.

I appreciate this is not the answer you were hoping for, but it does reflect the reality of your situation.

Good luck and please rate my answer.

Patrick

Expert:  Patrick H. replied 1 year ago.

I note you have reviewed but not rated my answer.

Please rate my answer so I can be paid for my time and effort.

I am paid out of the funds you previously deposited, there is no further charge for rating my answer.

Thanks,

Patrick