I am not a legal expert, but I can provide some general information that could be helpful to Mary. It's important to note that laws and procedures can vary by jurisdiction, so it would be best for Mary to consult with a lawyer who is familiar with the relevant laws in her area.
In this situation, Mary's decision to pay the admission of guilt fine without appearing in court may have implications for her criminal record. While the summons might have suggested that paying the fine would resolve the offense, it appears that the payment itself led to a criminal record.
To challenge the conviction and have it overturned, Mary could consider the following steps:
1. Consult with a lawyer: Mary should seek legal advice from a lawyer who specializes in criminal law. They can provide specific guidance based on the laws in Mary's jurisdiction and assess the strength of her case.
2. Review the summons and any accompanying documents: Mary should carefully examine the summons and any other documentation she received, including the fine payment receipt, to determine if they contain any information or disclaimers regarding the potential criminal record implications.
3. Gather evidence: Mary should gather all relevant documents and evidence related to the incident, including any communication or written correspondence with the arresting officer or any other parties involved. This evidence can be useful in building her case.
4. Challenge the conviction: With the assistance of her lawyer, Mary can consider filing a motion to have her conviction overturned. This may involve presenting arguments based on any misleading information or lack of explanation regarding the criminal record consequences of paying the fine.
5. Court proceedings: If the case proceeds to court, Mary and her lawyer can present their arguments to the judge, citing any evidence and legal precedents that support her position. The decision ultimately rests with the judge.
It's important to note that the success of challenging a conviction and having it overturned will depend on various factors, including the specific laws and processes in Mary's jurisdiction, the strength of her arguments, and the evidence she presents. Therefore, it is crucial for Mary to consult with a qualified legal professional who can provide personalized advice based on her circumstances.
Mary is arrested for suspected driving under the influence. She receives a summons to appear in court when she is pulled over. The summons endorses that she may admit her guilt regarding the offence and pay the fine stipulated without appearing in court. She fears that her employer will be angry and possibly react to her detriment at work if she had to appear in court. Based on the latter, Mary decides to pay the admission of guilt fine. A month after the incident, Mary applied for a new position at work for which she needed to furnish a clean criminal record. Much to her surprise, upon application at the SAPS, she is informed that the admission of guilt fine that she paid automatically implies that she will have a criminal record. She is distraught to hear this and decides to "take the matter further". Advise Mary on the success or otherwise, to have the conviction overturned because Mary did not know, and neither did the arresting officer explain to her, that she could receive a criminal record.
1 answer