We understand that consequences of being charged with a criminal offence and the outcome that follows, can be life changing.  It is not necessarily just a question of what immediate punishment you will get if you are found guilty, but a question of the implications that it will have on your future if you are found guilty and convicted of any type of criminal offence, even a relatively minor one.

A criminal record can affect your financial situation, current and future employment, ability to travel and ability to obtain insurance etc.

At Ondrik Larsen Lawyers, our goal is to protect your future and our criminal lawyers are determined to give you the best possible chances of avoiding a criminal record through the Diversion Program.

Diversion is an opportunity for a person charged with a relatively minor criminal offence to

• avoid a criminal record;
• avoid the recording of a conviction and
• avoid a finding of guilt.

In other words, it’s a second chance to keep your record clean.

Diversion is generally suitable for first-time offenders (because the goal is to divert people away from the criminal justice system), however a person with prior convictions may still be considered for diversion.

If Diversion is granted, you can be placed on a Diversion Plan (for up to 12 months).

To be eligible for Diversion in the Magistrates’ Court:

a) the offences you are charged with will need to be the type of offence that can be heard and determined in the Magistrates’ Court.

There are some offences which are excluded from being eligible for Diversion, such as any offence punishable by a minimum or fixed sentence or penalty, including driving offences which carry a mandatory licence cancellation, disqualification, or suspension.

b) you will need to acknowledge responsibility for the offence(s); and

c) The prosecution must consent to Diversion. In some cases, the Informant (the police officer that laid the charge) will recommend Diversion at the time you are charged, in other cases, if the Informant has not recommended Diversion at the outset, the prosecution will require some convincing to persuade them to recommend Diversion.

If the prosecution do not consent to Diversion, you will not be considered for Diversion by a Magistrate.

If, however, you have satisfied a), b), c) and above, then your case will come to Court for a Diversion Hearing and a Judicial Officer (a Magistrate or a Judicial Registrar) will consider whether to grant Diversion in your case.

If Diversion is granted by the Court, you will be placed on a Diversion Plan for a period of up to 12 months.  The Diversion Plan will have conditions attached to it, which will need to be completed, these conditions can include things like: writing a letter of apology to the victim; writing a letter of gratitude to the police; pay a donation; attend counselling and/or other conditions the court sees fit.

If the offence is one that carries demerit points, the demerit points will still be incurred.

Once all of the conditions of the Diversion plan are completed and the Diversion period ends, the charges will be discharged and you will not have a criminal history.

If the prosecution do not recommend Diversion, the Court cannot grant a Diversion.  You need to first be recommended for Diversion for the Court to consider it.

If Diversion is recommended by the prosecution but ultimately refused by the Court, you are able to either enter a plea of guilty to the charge(s) where you will be sentenced and your case finalised, or your case will be adjourned to another date into the criminal stream for a Mention hearing.

Get in contact with our criminal defence lawyers as quickly as possible because you get one chance at Diversion so preparation is critical.

As the circumstances of each case are different, whether you will be considered for Diversion or whether Diversion will be ultimately granted, depends on a variety of factors including the nature and seriousness of the offending as well as the level of preparation that goes into your case which is why it is important to get help from one of our criminal lawyers as soon as possible.  Our service will be tailor-made to suit your needs and your case.

If the Informant has not recommended Diversion at the outset, the prosecution will require some convincing to persuade them to recommend Diversion. We will prepare your case to give you the best chances of Diversion and negotiate with the prosecution on your behalf to take the stress, worry, and anxiety away from you.  We will guide you through the process and let you know what things you can do to increase your chances of success, before our negotiations commence.

Once the prosecution recommends Diversion, your case will usually be listed for a diversion hearing at Court.  You will be required to complete a questionnaire for the hearing which our lawyers will assist you with, as this needs to be carefully completed, and we will file this with the Court together with all of the supporting material that we have gathered for your case.

A Judicial Officer (either a Magistrate or a Judicial Registrar) will then consider the materials and decide whether or not Diversion is suitable in your case.  If the Judicial Officer does not consider Diversion to be appropriate based on the materials filed, we will make oral submissions in Court to try to persuade the Magistrate to grant Diversion.

We appreciate the stresses that criminal charges can bring to every aspect of our client’s lives, as well as their family’s lives. We understand that the best possible result needs to be delivered for our client’s and we will do our best to give you the best chances of Diversion because a criminal record can affect your life in many ways: your career: future job applications, even volunteer work; your financial situation; your ability to travel overseas to name few.

We take pride in our work, knowing that the effort we put into your case and the support we will provide you can make a real difference to your life. We care about you and your future.  You are not just a number to us, we are here to help and support you, not to judge you.

A few months ago, I was facing extremely serious charges that had the potential to drastically alter my life. It felt like my entire life and career were on the edge. However, from the very first phone call I had with Ashlee, I felt a profound sense of reassurance, and I knew I was in capable hands. Olinka and Ashlee worked tirelessly on my case to achieve the best possible outcome for me. They explained their cost structure clearly right from our initial conference, and it was quite reasonable.

Initially, I had no glimpse of hope during this incredibly challenging phase of my life. Nevertheless, Ashlee and Olinka took the time to understand my personal situation and how these charges would impact both my family and professional career. They factored this into their approach, preparing my case not just with the goal of achieving any possible outcome, but with a determination to achieve the outcome I was hoping for.

At first, the possibility of a diversion was almost off the table. However, Ashlee’s exceptional negotiation skills and unwavering dedication changed this perspective. Through extensive negotiations and written submissions, she convinced the prosecution to recommend a diversion. Her advocacy didn’t stop there – she was also able to persuade the magistrate to grant the diversion after thorough oral and written arguments.

Their integrity extended beyond their exceptional work. They managed to wrap up my case in just a few court hearings, saving me from incurring additional legal expenses. This was an outcome I had thought to be incredibly unlikely. I will remain grateful for the rest of my life for the outstanding work and the remarkable outcome that this awesome pair achieved for me. Without a moment’s hesitation, I would recommend their legal services to anyone in need. Their integrity, exceptional skills, and genuine passion for their work shine through.

I will forever hold this wonderful couple in the highest regard for the amazing impact they have had on my life. I still cannot believe that this case is now over and the result was extraordinary and far beyond my expectations.

Thank you Ashlee & Olinka

Olinka and Ashlee are great team, knowledgeable and took my case like theirs. They successfully negotiated my criminal charges to diversion order and further reduced the timeframe of my diversion plan to only 14 days while i was previously advised by another lawyer diversion is not possible in my case. I glad that i made the quick decision to switch my case to Ondrik Larsen Lawyers with favourable outcome and save my career and future. Many thanks to them !!!

Last year my world was turned upside down when my partner was involved in a serious assault during a night out at a bar. The incident was caught on CCTV, and without any prior criminal conviction, my partner was looking at a 3-6 month jail sentence.
Having just purchased our first home and my partner running his own business, we could have lost it all.
We needed help, and we turned to Ondrik Larsen.
After Ashlee took on our case, she was able to negotiate his charges with the police and create doubt about the footage which not only led to the most serious charges being withdrawn, but she was also able to get the police and the magistrate to agree to a diversion, which means no criminal record whatsoever.
This result just goes to show the extensive preparation Ashlee had put into this case. Her dedication, knowledge and professionalism is outstanding.
She is honest, trustworthy and above all cared about my partners future.
We are forever indebted to Ashlee and her team and I can not thank them enough