Astor Legal successfully had another client’s sexual assault charges withdrawn at an early stage following negotiations with the Director of Public Prosecutions (DPP).
Our client is a 38-year-old engineer who was in the midst of a messy divorce and separation from his wife. There had been ongoing issues for some time.
Ostensibly to gain the upper hand in family law proceedings, his wife fabricated a number of sexual assault allegations against him. Police arrested him and bail refused him. They also applied for an AVO which prevented him from contacting his wife or his children.
Our client initially retained another law firm and was refused bail in the Local Court. After he retained us we made a successful Supreme Court bail application. This required offering an onerous ankle monitoring condition, daily reporting, the surrender of a passport and a surety to surrender $50,000 to the court.
Following his release, we began preparing representations to the DPP for the withdrawal of the case.
Central to this was highlighting that our client’s wife had obtained legal advice from a family lawyer shortly before making the complaint to police. We were also able to subpoena text messages and phone records. These painted a story that was in stark contrast to the wife’s version. Importantly, there was no complaint of sexual assault in the text messages.
Within weeks we were able to file the representations with the DPP while the case was still in at Campbelltown Local Court, using our proven formula for how to get sexual assault charges dropped.
Ultimately, on the next court date the DPP chose to withdraw all charges against our client. Shortly afterwards we were also able to get the AVO dropped.
As a result of our efforts, our client is now free to spend time with his children without any restrictions.
Astor Legal recently represented a client in an Apprehended Violence Order (AVO) matter where his parents were the Persons in Need of Protection (PINOPs).
Our client’s mother called police while our client was having a mental health episode. When police arrived they were quick to apply for an AVO against our client for the protection of his mother.
Our client approached us days before the first appearance at Parramatta Local Court. He explained that his mother did not want the AVO to be in place.
We commenced working on the case. First, we arranged for our client’s mother to obtain independent legal advice and prepare a statement supporting the AVO being withdrawn. She also set out that the Defendant is not a violent or aggressive person and does not pose a threat to her safety.
Further, we had our client commence psychological treatment with a detailed treatment plan for the next 12 months. The PINOP confirmed that her primary concern was the Defendant’s mental well-being rather than any fear for her safety.
We then drafted representations that highlighted a number of issues with the Prosecution’s case. These included that the PINOP did not provide a written statement to the Police, as required by the Local Court Practice Note No. 2 of 2012. We also highlights the relevant factors under Section 16 of the Crimes (Domestic and Personal Violence) Act 2007.
Ultimately, the police accepted our representations and agreed to withdraw the AVO.
This outcome allowed our client to avoid an ADVO, resume their normal life, and focus on addressing personal issues.
Astor Legal recently represented a client at Coffs Harbour Local Court for a driver’s Licence Appeal.
Our client was facing a speeding fine for exceeding the limit by 10 km/h, which pushed him over his demerit point limit as a red P-plater, resulting in a licence suspension.
Our client was a student who also had a job in the aged care industry, often working night shifts to support his family. Living in a rural area with limited access to public transportation, he found it difficult to manage his commute to work.
We commenced preparing documents to lodge the appeal as well as his subjective documents. This included evidence of the lack of public transport options in his area, including bus timetables and his work roster to demonstrate the number of shifts he worked and the times they started and ended.
We also provided his with our specialist licence appeal character reference guide and details of our preferred Traffic Offenders Programs.
At Coffs Harbour Local Court, our licence appeal lawyers argued that the suspension should be set aside given the significant hardship he would face without his licence. This included evidence from his family about how they relied on his income.
The Court was persuaded by our submissions and allowed the appeal completely. This meant that our client did not serve any suspension period and was able to continue driving to complete his shifts and support his family.
This was a fantastic result for our client, who was incredibly relieved and happy to return to work without the burden of a licence suspension.
Astor Legal recently represented a client at Parramatta Local Court who was charged with driving with illicit drug present.
Our client maintained her innocence regarding the presence of cocaine and explained that the drug could have been transferred while being intimate with her partner who was a regular drug user. With a clean criminal record, a stable corporate job, and significant concerns about the impact of a conviction on her future, our client turned to us for support.
We acted quickly, preparing a detailed affidavit with her. We then provided this affidavit along with other material to one of our pharmacological experts. They prepared a report that supported the possibility of drug transfer from our client’s partner.
In addition to this expert opinion, we submitted a comprehensive package of subjective material to the Court, including the client’s affidavit, expert report, employment documents an apology letter and character references from individuals who knew the client personally and professionally.
At court, our Parramatta DUI lawyers made strong submissions advocating for her to receive no conviction.
In a successful result, the Court agreed with our submissions, and no conviction was recorded. Our client left court with a clean record and the opportunity to continue her career and life without the burden of a conviction.
Astor Legal recently represented a client at the Sydney District Court in a Severity Appeal for mid-range PCA and driving whilst suspended.
Our client had another Sydney law firm appear for him in the Local Court and was unhappy with the representation and result he received there. He came to us seeking a clear plan for how we intended to overturn the convictions.
Our team meticulously prepared for the case. This involved amending the subjective material he had prepared in the Local Court so it could better address the relevant sentencing factors under the Crimes (Sentencing Procedure) Act 1999. Rather than character references and an apology letter, we obtained affidavits so that the evidence was sworn and carried more weight.
We also obtained letters from the client’s doctor setting out medical conditions which meant he had a greater need for his drivers licence than the ordinary person, as well as his employment contract which addressed his need for a licence.
The prosecutor strongly opposed the matter being dealt with by way of a non-conviction, citing the multiple offences and our client’s less than exemplary traffic record. Despite this, our Sydney drink driving lawyers were able to argue that our client’s strong need for a licence, completion of the traffic offenders program and personal circumstances outweighed the need for a conviction to be imposed.
In the result, the Judge was persuaded to impose no conviction, allowing our client to walk away with a clean criminal record.
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