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I made 24 phone calls to a female met from Internet to make…

I made 24 phone calls...

I made 24 phone calls to a female met from Internet to make her a joke， we used to be net friend , but somehow I feel sick with her attitude so I made 24 phonecalls during midnight and yell to her, after a month I was charged by police that (use a carriage service to harass), I must attend to court on 5 th December, the informat police officer told me it is a small fines no criminal record and will not effect my visa conditions( I am student c visa) I have no criminal record and nothing of my background, I just want to make sure is the police tell me I will only receive a fines from court. The informat also tel me I will not in trouble(he describe as like u went though a red light ) but I was under arrested in police station after I call the informat. Is it helpful if I went to police station and say I did it and plead guilty in the interview? They had my photograph, fingerprint and interview to me already. He said probably will fine me $5200. Is it real?
How much fines will I receive ? Does it effect my visa conditions if I found guilty ?

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Answered in 28 minutes by:

11/26/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,728

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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.
Is it an intervention order or a criminal charge?

Customer reply replied 8 years ago

It say is a criminal charge and indictable offence

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
Do you ave the charge and the section?
If it is a charge you will get a criminal record and it will impact on your visa.
It sounds more like an intervention application to me but I need to know what they have charged you with. The section and the Act under which you are charged so I can tell you more.

Customer reply replied 8 years ago

Commonwealth act 474.14. Use a carriage service to harass
And I m undertaking of bail now , the informat took my photograph, fingerprint and interview me in police station, and he told me it will not effect my study and visa conditions, I am scared. The informat charge me use a carriage services to harass. (Must attend to magistrate court in melbourne)
Many thanks

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
Which Act?
It is not under the Crimes Act

Customer reply replied 8 years ago

commonwealth criminal code act 474.17

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
474.17 Using a carriage service to menace, harass or cause offence
(1) A person is guilty of an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 3 years.
(2) Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
(a) an employee of an NRS provider; or
(b) an emergency call person; or
(c) an employee of an emergency service organisation; or
(d) an APS employee in the Attorney-General's Department acting as a National Security Hotline call taker.
You face up to three years imprisonment.
Is this your first ever offence?

Customer reply replied 8 years ago

Yes it is my first offence. I never make any trouble in Australia , is the police fake me to be charged?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
Did you admit to doing it?
Do they have evidence of all the calls you made?

Customer reply replied 8 years ago

Yes I have admit before he told me what I have done, yes they have some screenshot and call record from service provider, I m only 23 years old and I am a student.
The informat also tell me it is penalty for $5200 and It is a small case
I don't know what to do nowI don't think they had exactly record between me and the girl, but they have record I called her 24 times during 16th and 22 th october

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
You have to plead guilty to the offence and ask for leniency,
Get a solicitor to appear for you.
The court once it listens to what you say and sees references to show you are a good person can dismiss the charge and not convict you.
That is the maximum fine and there is also a maximum 3 years jail term.
This is not going to happen.
It is the worst position.
Contact the law institute of victoria and get a referral to a solicitor that can represent you.
Their website is as follows:
http://www.liv.asn.au
You will be find but you need to have a solicitor to get this right.

Customer reply replied 8 years ago

I found legal aid victoria and they said it is a small case and I just need to find a duty lawyer and representing myself, and they will not make any appointment for me, so is it real if I representing myself for his case ?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
You ned to get a private solicitor.
It is a small case and the duty solicitor will not do his best as he will only see you in the morning of the court
You can represent yourself but I suspect you are not going to be confident enough to do it.

Customer reply replied 8 years ago

What I should do if I representing myself?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
Get personal references about your character
You plead guilty
You explain why you did it and that you are remorseful
You then ask for leniency and for no conviction to be entered.
Explain you are a student and on a visa and that what you did as foolish and stupid and that you did not realise how serious it was
If you have good results ay your studies show them to the court.

Customer reply replied 8 years ago

Hi Leon,
If I representing myself will I still get a conviction? Or I need a translator to explain why I did this ? Is the doctor help? (Psychologists)

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
Yes thou will if the court thinks that they should convict you.
If you need a translator you should make sure the court knows to have one there.
Are you suffering from a psychological illness, if so then you should have a report as well from the doctor.

Customer reply replied 8 years ago

Can I provide or bring some of my reference letter to duty solicitor? I have asked the private solicitor and I can afford that Hugh amount of lawyer fee. How do I represent to the prosecutor

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
Yes you can do that
See the duty Solicitor to deal with it on the day.
You will be making a mistake representing yourself.
Your english is not good enough and if there are any issues you will panic.

Customer reply replied 8 years ago

So if it is attend at 11pm, how do I contact the duty solicitor ? How long will they talk and discuss with me ? Can I also ask how do I get a translator from court?Do you have any experience to deal with this case? What happen if I get a criminal record in Australia ? Will it effect back to my home country?

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
You attend court at 9:30am when it is open.
The duty solicitor will be there and you ask to see them.
If you get a criminal record it will affect your ability to travel as many countries will not let you in with a record unless you apply for a visa before you leave.
All countries that have agreements with Australia will know about your record when you arrive at customs.
The court will have to be told you ned an interpreter and they will adjourn the matter for another day so that they can have one there.
The more you worry the worse out will seem
Go to court and see the solicitor. He will interview you. It will not take too long.

Customer reply replied 8 years ago

It means I have to attend earlier on that day and they will interview me?? or I have to see them before attending to court ? If I find a doctor or teacher to write a reference letter, what should they write ?
I don't want to get a criminal record, my life will over once I had it. And I just graduated from uni, too much expectation from family and feel really stressful after charged by police

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning
All court matters are listed at 930am
You should make an appointment to see them in the morning
They start at 9 am
I understand and you will be ok. You have to speak to legal aid and have them put your name down for the duty solicitor.

Customer reply replied 8 years ago

I am going to apply a anger management course to learn how to control myself, is it a good way to court?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
That will also help your case.
Good luck with it.

Customer reply replied 8 years ago

Hi Leon,
How do I submit my references letter to the court ? Should I give it to duty lawyer? And then it can ask for leniency for no conviction? Or I need to submit before the court?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
On the day you appear before the court you have them ready.
You have the originals to hand to the judge and 2 copies. You keep one copy and give the other copies to the prosecutor.
You submit them on the day.

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,728

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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