If a family member or friend has been charged with a criminal offence, a decision will be made about whether they should be released from police custody on bail, or whether they will be refused bail by police.
If you have been charged with dealing with identification information, the prosecutor must prove that you:
What is dealing in identity information?
To deal with identification information means that you made, supplied or used identification information
What does ‘identification information’ mean?
Identification information refers to any document (physical or electronic) which contains details relating to a person or corporation. It is information used to identify a person or corporation. Examples of this include; biometric data, voice prints, driver’s licence (or driver’s licence number), passport (or passport number), digital signature or any document which may contain identifying information such as name, address, date of birth, etc.
What is an indictable offence?
An indictable offence is any offence punishable in the District or Supreme Court. They include serious indictable offences (i.e. offences carrying a maximum imprisonment term of 5 years or more) and Table 1 and 2 offences which are often dealt with summarily in the Local Court. For example, the prosecutor may allege that you were dealing with identification information with the intention of committing or allowing the commission of fraud.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were dealing with identification information.
You may accept that you were dealing with identification, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as possession of identification information.
Alternatively, you may accept that you were dealing with identification information but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q: Will I go to jail for dealing with identification information?
A: There is a real prospect that you will go to gaol if you plead guilty or are found guilty. The maximum penalty for dealing with identification information is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with possession of identification information, the prosecutor must prove that you:
What does possession mean?
You are in possession of identification information if it is in your custody and you knew that you exercised control over the item.
What does ‘identification information’ mean?
Identification information refers to any document (physical or electronic) which contains details relating to a person or corporation. It is information used to identify a person or corporation. Examples of this include; biometric data, voice prints, driver licences (or driver licences number), passport (or passport number), digital signature or any document which may contain identifying information such as name, address, date of birth, etc.
What is an indictable offence?
An indictable offence is any offence punishable in the District or Supreme Court. They include serious indictable offences (i.e. offences carrying a maximum imprisonment term of 5 years or more) and Table 1 and 2 offences which are often dealt with summarily in the Local Court.
For example, the prosecutor may allege that you were in possession of identification information with the intention of committing or allowing the commission of fraud.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were in possession of identification information.
You may accept that you were in possession of identification, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you were in possession of identification information but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q: What does it mean to have a conviction recorded?
A: A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important a lawyer properly advises you if a conviction is recorded.
Q: Will I go to jail for possession of identification information?
A: There is a real prospect that you will go to jail if you plead guilty or are found guilty. The maximum penalty for possession of identification information is 7 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with possession of equipment to make identification documents or things, the prosecutor must prove that you:
What does possession mean?
You are in possession of an item if it is in your custody and you knew that you exercised control over that item.
What type of equipment is referred to by this section?
The law does not provide a list of equipment, rather, it defines equipment as ‘any equipment, material or other thing that is capable of being used’ to create identification information. An example of this would be an ID card printer.
What does ‘identification information’ mean?
Identification information refers to any document (physical or electronic) which contains details relating to a person or corporation. It is information used to identify a person or corporation. Examples of this include; biometric data, voice prints, driver licences (or driver licences number), passport (or passport number), digital signature or any document which may contain identifying information such as name, address, date of birth, etc.
What is an indictable offence?
An indictable offence is any offence punishable in the District or Supreme Court. They include serious indictable offences (i.e. offences carrying a maximum imprisonment term of 5 years or more) and Table 1 and 2 offences which are often dealt with summarily in the Local Court. For example, the prosecutor may allege that you were in possession of equipment capable of making identification documents with the intention of using that document to commit or allow the commission of fraud.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were in possession of equipment to make identification documents.
You may accept that you were in possession of equipment to make identification documents, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you were in possession of equipment to make identification documents but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important a lawyer properly advises you if a conviction is recorded.
Q: What does it mean to have a conviction recorded?
A: A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Q: Will I go to jail for possession of equipment to make identification information?
A: It is possible that you will go to gaol if you plead guilty or are found guilty. The maximum penalty for possession of equipment to make identification information is 3 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.