If you have been found guilty of an offence or sentenced in your absence, you should obtain legal advice. Contact us for a free initial consultation.
If you don’t attend Court, you can be convicted or sentenced in your absence. Under section 4 of the Crimes (Appeal and Review) Act 2001 (NSW) you can apply to the Local Court for that conviction or sentence to be annulled. You have 2 years to file your annulment application.
Annulment is the process of making your conviction invalid or void. It is possible to make a conviction invalid when the person has not entered any plea or submission in court.
If you are planning to get an annulment, hire a legal representative to help you with the application. Get the application form in the local court and fill up all the necessary details. After you complete the form, file it at the local court and pay the necessary fee. They will inform you of the date, time and place of the hearing.
The court will grant the annulment application when the person/defendant is not able to join the proceeding because of an illness, accident or simply isn’t aware of the proceeding.
If the annulment is granted, then your matter will be re-heard in the Local Court.
Once the annulment is granted, it will not have any more effect. Any enforcement taken will be reversed, and the penalty will be refunded. When the person pleads not guilty, there will be a continuation of hearing by the court to determine the charge.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.