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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5578
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My daughter is on a disability pension, issues, and has been

Customer Question

My daughter is on a disability pension, for mental issues, and has been charged with a number of offences relating to her being drunk in a public place. She elected to go to court as the offences came with on the spot fines to slightly less than $3000. She certainly cannot afford to pay these fines hence her request for court.
I have just received a Notice to Appear, on 21 Jan 2016, on her behalf from the Hervey Bay police. She doesn't wish to go to court due to her embarrassment and also cannot afford a lawyer. I cannot afford to pay on her behalf, nor would I, as she has cost me a lot of money over the years; she is 47 years old. I am a retired pensioner.
I am not really sure what to do but am thinking of going to court on her behalf, plead guilty and make a plea to try and mitigate what I consider outrageous fines. Please advise.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
Attend court with her, provide the court documents confirming here disability pension and any medical documents confirming her issue/s.

Enter a plea of guilty and explain the situation, then seek that the court reduce the fines as she simply cannot afford them.
The court has power to mitigate the sentence and to have a lesser fine payable.
As she is also on benefits, legal aid Queensland should be able to appear for her:
http://www.legalaid.qld.gov.au/Home
I suggest speaking to them and see if they can assist.