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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44347
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi im due to appear in childers magistrates court on the 19th

Customer Question

Hi im due to appear in childers magistrates court on the 19th of july in relation to a charge of disqualified driving.
due to the fact that I am in the process of moving back to wa and will not have the financial means to return for this hearing. I am going to write to the court and ask that if possible they deal with the matter in my absence.

My question is to whom should I address this letter to and are there surtan things that I need to state in the letter.
thanks for your help Jaydon
Submitted: 4 years ago.
Category: Australia Law
Expert:  Leon replied 4 years ago.
Good Morning,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Are you going to be entering a plea of guilty to the offence?

When do you actually believe for Western Australia? Have you considered approaching the court and asking for the matter to be brought forward so that it can be dealt while you are present?

The reason I asked the last question, is because it is always better if you appear because the court sees this as you accepting responsibility for your actions and this is in your favour.

Customer: replied 4 years ago.

Hi yes I will be pleading guilty to the charge. in relation to moving back to wa I am already in the process of doing that. I am currently in Brisbane and will be leaving within the next few days. the court in childers is 4 hours north of Brisbane. is it likely that they will deal with this matter in my absence if I ask them to do so and plead guilty. thanks Jaydon

Expert:  Leon replied 4 years ago.
Good Afternoon,

They will deal with this matter in your absence and you will need to complete a document where you enter a plea of guilty and put to the court your mitigating circumstances (what they should consider in giving you a lighter sentence).

You should contact the course and advise them that she will not be available and will like to make a written plea of guilty directly to the Magistrate on the day.

They will be able to tell you what documents you need to complete and whether it is the practice to deal with people in their absence.

While you are speaking with them, I would suggest that you consider asking if they can bring the matter forward and you make your way to the court and appear before the magistrate.

In your absence you may be given the full disqualification period which means you will not be able to drive in Western Australia until the disqualification period expires. If you try and obtain a Western Australian licence during your disqualification period, if it is discovered it is the same as being caught driving whilst disqualified.

The court will deal with your matter in your absence but you should speak to them and confirm exactly what the requirements are.

Do you have the court details, if not, can you tell me the name of the court and I will provide them to you.
Customer: replied 4 years ago.

Ive got all the details of the courts location as it was listed on the notice to appear that the police handed me at the time of the offence.

Expert:  Leon replied 4 years ago.
Good Afternoon,

You can contact the court and confirm the requirements for you pleading guilty in your absence.

You should also contact the prosecutor and advise them of what you are doing and send them a copy of the letter you sent to the court.

The prosecutors are usually attached to the police station but the court will be able to give you their address.

In short you can plead guilty and not appear, but you must speak to the court and get details of the requirements to do so.

Notifying the prosecutor just makes it easier said that the matter moves along smoothly.

Is there anything else I can assist you with?
Customer: replied 4 years ago.

Not at the moment that pretty much answers everything I need to know for now thanks for your help

Expert:  Leon replied 4 years ago.
Good Afternoon,

You're very welcome and I'm happy at all been of assistance.

If there is anything else I can assist you with please not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.