From "Illicit Cigarettes" Case to a Successful Bind Over Order
Criminal Procedures and Alternative Resolutions in a Real Case
In the world of criminal law, a momentary lapse in judgment can sometimes lead to serious consequences. This real-life case involves not only the issue of "illicit cigarettes" but also negotiations and the option of a "bind over order." Additionally, it touches on a lesser-known but crucial legal procedure—"Offered No Evidence (O.N.E.)"
With professional legal assistance, the individual in this case was able to navigate the challenges and avoid a criminal record. Here is her story.
The Case: A Young Accountant’s Momentary Misstep
Ms. Lin, a 26-year-old assistant accountant, was an outstanding student from a young age and actively participated in charity work. After graduating, she secured a job at a Big Four accounting firm and was working diligently toward becoming a certified accountant, balancing her demanding audit work with professional exams.
One day, she came across a flyer advertising discounted cigarettes. Wanting to buy a gift for her grandfather, who smoked, she purchased 10 cartons (a total of 240 sticks) of "Double Happiness" cigarettes in one go. Little did she know that this well-intentioned act would land her in legal trouble.
A family dispute later led to a police investigation at her home, during which her uncle informed the officers that the illicit cigarettes belonged to Ms. Lin. She admitted to the purchase and was subsequently charged with violating the Dutiable Commodities Ordinance for possession of untaxed cigarettes. If convicted, she faced not only fines but also potential imprisonment and a permanent criminal record.
Legal Strategy: Exploring No Evidence Offered and Alternative Resolutions
Realizing the severity of the situation, Ms. Lin was deeply worried that a criminal record would jeopardize her future as a certified accountant. She sought our legal services immediately. After carefully reviewing the case, we devised a strategy based on the Prosecution Code and pursued the following approaches:
- Communicating with the Prosecution
- We explained that Ms. Lin’s purchase was solely for her grandfather and that she had no intention of smuggling, distributing, or reselling the cigarettes.
- Given that she was a first-time offender with no prior criminal record, we argued for a lenient approach.
- Pursuing a "No Evidence Offered" Approach
- If the prosecution agreed not to submit evidence, the case would be withdrawn in court, sparing Ms. Lin from conviction and a criminal record.
- Although this strategy is not applicable in all cases, it can be granted if continuing prosecution is not in the public interest or if the evidence is weak.
- Negotiation for a Bind Over Order
- If the "No Evidence Offered" approach was not accepted, we would negotiate for a Bind Over Order, allowing Ms. Lin to avoid a criminal record by adhering to certain legal conditions.
The Bind Over Order: A Second Chance for First-Time Offenders
After extensive negotiations and written representations, the Department of Justice ultimately agreed to a discretionary resolution. Ms. Lin was granted a Bind Over Order, under which she had to maintain good behavior for a specified period. In return, the prosecution ceased pursuing evidence, effectively closing the case.
What is a Bind Over Order?
A Bind Over Order is a common legal resolution for minor offenses. Under this arrangement:
- The individual agrees to good behavior and compliance with legal conditions.
- A monetary bond is pledged, which may be forfeited if the individual reoffends.
- Most importantly, the case does not result in a criminal record.
The Relationship Between "Offered No Evidence" and a Bind Over Order
Sometimes, the prosecution will agree to withdraw evidence after the court grants a Bind Over Order. For defendants, this is a crucial way to avoid a criminal conviction. However, it is not a guaranteed outcome and requires strong legal arguments.
Outcome and Key Takeaways: Safeguarding Ms. Lin’s Career
Ultimately, Ms. Lin was neither fined nor imprisoned, and she avoided a criminal record. This outcome was a huge relief for her.
For professionals like accountants, disclosing a criminal record is often a requirement when applying for certifications. Had she failed to secure a No Evidence Offered ruling or a Bind Over Order, her dream of becoming a professional accountant could have been shattered.
Our Legal Recommendations:
- The Risks of Buying Illicit Cigarettes: Untaxed or smuggled cigarettes are illegal, and possession can lead to criminal prosecution.
- Seek Legal Advice Early: Effective communication and negotiation with the Department of Justice can be crucial in securing the best possible outcome.
- Understanding Alternative Resolutions: While No Evidence Offered and Bind Over Orders are not guaranteed, they can be life-changing options for first-time offenders facing minor charges.
Final Thoughts: Protect Yourself—Don’t Let a Small Mistake Ruin Your Future
As Ms. Lin’s case shows, even minor criminal charges can have long-term consequences. If you or someone you know is facing a minor or accidental criminal charge, consult a legal professional as soon as possible.
Our experienced legal team can help you:
✅ Understand legal procedures
✅ Assess negotiation strategies
✅ Fight for a No Evidence Offered ruling or a Bind Over Order
With the right legal approach, you can protect your rights and secure a future free from the burden of a criminal record.
If you need legal assistance, feel free to contact us. We’re here to support you through legal challenges and safeguard your career and aspirations.
