Strategies for Successful Discharge Without Conviction
When you are charged with a crime, you may be offered a 'discharge without conviction'. This is where the court agrees to discharge you without recording a conviction. The court may also place conditions on your discharge (for example, you may have to do community service).
A Discharge Without Conviction is not the same as being found 'not guilty'. A 'not guilty' verdict means that the charges against you have been dismissed and you walk away with no criminal record. A discharge without conviction still results in a criminal record.
The decision of whether or not to accept a discharge without conviction is a difficult one. You will need to weigh up the pros and cons before making your decision. This blog post will outline some of the things you need to consider before deciding whether or not to accept a discharge without conviction.
The Pros of Accepting a Discharge Without Conviction
1) Avoiding a Criminal Record
The most obvious benefit of accepting a discharge without conviction is that you will avoid having a criminal record. A criminal record can have far-reaching consequences and can make it difficult to find employment, travel overseas, and rent accommodation. If you are given a choice between having a criminal record or not, it is understandable that you would choose the latter.
2) Shorter Proceedings
If you accept a discharge without conviction, the proceedings against you will be over much quicker than if you go to trial and are found guilty. This can save you time, stress, and money in legal fees.
3) Preserving Relationships
A criminal trial can be very damaging to personal relationships. If you are facing charges alongside family members or friends, accepting a discharge without conviction can help preserve these relationships.
4) Being Charged Again in the Future
If you are later charged with another offence, the court may take into account that you have already been convicted of an offence when sentencing you for the new offence. This means that your sentence for the new offence could be harsher than it otherwise would have been.
5) You May Still Face Collateral Consequences
Just because you don't have a criminal record does not mean there will be no consequences for your offending behaviour. You may still lose your job, or find it difficult to obtain housing or travel insurance. It is important to remember that accepting a discharge without conviction is not necessarily "getting off scot-free".
6) You Will Have To Admit Your Offending Behaviour
In order for the court to grant you a discharge without conviction, you will need to enter into what is known as an 'admission of guilt'. This means that you agree that you committed the offence and that the facts presented by the police are accurate. Entering into an admission of guilt can be very difficult for some people, particularly if they maintain their innocence. However, if you do not enter into an admission of guilt, the court is unlikely to grant you a discharge without conviction.
Conclusion: Deciding whether or not to accept a discharge without conviction is a difficult decision that should not be taken lightly. There are pros and cons to accepting a discharge without conviction, and each person's situation is different. You should speak with your lawyer and/or other support people before making any decisions about your case.
A Discharge Without Conviction is not the same as being found 'not guilty'. A 'not guilty' verdict means that the charges against you have been dismissed and you walk away with no criminal record. A discharge without conviction still results in a criminal record.
The decision of whether or not to accept a discharge without conviction is a difficult one. You will need to weigh up the pros and cons before making your decision. This blog post will outline some of the things you need to consider before deciding whether or not to accept a discharge without conviction.
The Pros of Accepting a Discharge Without Conviction
1) Avoiding a Criminal Record
The most obvious benefit of accepting a discharge without conviction is that you will avoid having a criminal record. A criminal record can have far-reaching consequences and can make it difficult to find employment, travel overseas, and rent accommodation. If you are given a choice between having a criminal record or not, it is understandable that you would choose the latter.
2) Shorter Proceedings
If you accept a discharge without conviction, the proceedings against you will be over much quicker than if you go to trial and are found guilty. This can save you time, stress, and money in legal fees.
3) Preserving Relationships
A criminal trial can be very damaging to personal relationships. If you are facing charges alongside family members or friends, accepting a discharge without conviction can help preserve these relationships.
4) Being Charged Again in the Future
If you are later charged with another offence, the court may take into account that you have already been convicted of an offence when sentencing you for the new offence. This means that your sentence for the new offence could be harsher than it otherwise would have been.
5) You May Still Face Collateral Consequences
Just because you don't have a criminal record does not mean there will be no consequences for your offending behaviour. You may still lose your job, or find it difficult to obtain housing or travel insurance. It is important to remember that accepting a discharge without conviction is not necessarily "getting off scot-free".
6) You Will Have To Admit Your Offending Behaviour
In order for the court to grant you a discharge without conviction, you will need to enter into what is known as an 'admission of guilt'. This means that you agree that you committed the offence and that the facts presented by the police are accurate. Entering into an admission of guilt can be very difficult for some people, particularly if they maintain their innocence. However, if you do not enter into an admission of guilt, the court is unlikely to grant you a discharge without conviction.
Conclusion: Deciding whether or not to accept a discharge without conviction is a difficult decision that should not be taken lightly. There are pros and cons to accepting a discharge without conviction, and each person's situation is different. You should speak with your lawyer and/or other support people before making any decisions about your case.
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