Defending Criminal Charges

Criminal Charges I Can Help With

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I can represent you on a range of criminal charges including:

Murder, Manslaughter
Serious Violence Offences
Supplying, Manufacturing and Importing Class A Drugs
Rape/Sexual Violation
Aggravated Robbery
Fraud
Kidnapping
Firearm Offences
Domestic Violence

Alternatives to receiving a conviction may be available to you. I can help you with defending charges, obtaining Police Diversion or applying for a discharge without conviction under s106 of the Sentencing Act 2002. 

Criminal Defence Services

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It is important to remember that you are innocent until proven guilty. It may not feel that way when you are arrested or standing in Court. Despite what anyone might say or think, legally you are innocent until proven otherwise. The prosecution have to prove their case beyond reasonable doubt. This means the jury or judge must be sure of guilt before they can convict.  

No matter what you are accused of doing, as your criminal lawyer I am there to stand by your side and make sure you receive the best possible outcome.  

It is important that the police investigation has been conducted in a lawful manner and that you are treated fairly before the Court. A failure by the police to follow the law properly during their investigation can lead to the exclusion of evidence and dismissal of charges.  

If you are facing questioning by the Police or another government authority I can advise you on the best course of action. If you are charged with a criminal offence I can provide my services from the moment of arrest, guiding you through the legal process to ensure the best possible outcome.  

I can help you with defending a charge at a jury or judge alone trial, challenging the admissibility of evidence, applying for bail, applying for a sentencing indication and seeking the least restrictive outcome at sentencing. I can also help with other criminal matters such as parole board hearings and appeals against conviction and sentence.  

I have Ministry of Justice approval to act in Criminal Legal Aid PAL 1 - 4 proceedings, which encompasses all criminal offences including those that carry a maximum penalty of life imprisonment.

Useful Tips & Advice

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What are my rights when dealing with the police?

You have the right to remain silent. You do not have to make any statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak to a lawyer without delay and in private before deciding whether to answer any questions. Police have a list of lawyers you may speak to for free.
It is important to exercise your rights – they exist for an important reason. These rights apply regardless of whether you are arrested or not.

The police have asked me to come to the Police Station to answer some questions, do I have to go?

No. In New Zealand you do not have to go to or accompany the Police to the Police Station for questioning. If you are under arrest or detained under an enactment then you must accompany the Police.

What about just answering a few of the officer’s questions?

You have the right to remain silent and do not have to make any statement or say anything at all. It is generally advisable not to say anything to the police. The police are there to gather evidence to use against you. You should remain silent and speak to a lawyer. A lawyer can assist you with representing to the police your side of the story.

What is Police Diversion?

The New Zealand Police run the Adult Diversion Scheme which is designed to divert first time offenders facing minor criminal charges out of the criminal justice system. If you accept responsibility for your offending and express remorse you may be offered Diversion. You will meet with a Diversion Officer who will give you tasks to complete such as undergoing counselling or paying reparation to the victim. If you complete all of the required tasks the charge is dismissed and your criminal record stays clean.

I have received Police Diversion before many years ago, can I get it again?

Yes it is possible to receive diversion more than once although this is unusual

Can I represent myself on court?

Yes but this is not advisable. It is wise to instruct a competent lawyer who can represent you in Court. A lawyer will help you navigate through the legal process and make sure your rights and interests are protected

Example Cases & Successful Outcomes

Criminal Case Example One

Indecent assault charge. Client alleged to have indecently assaulted a woman. Jury trial. As a result of cross examination, the Crown indicated that they would no longer proceed with the charge. The client was discharged by the Judge pursuant to s347 of the Crimes Act 1961. Deemed not guilty finding entered. Acquitted

Criminal Case Example Two

Injuring with reckless disregard charge. Jury trial. Client charged with injuring a female by hitting her in the head with a broom. Client denied the charge on basis of self defence and that he was not reckless. Jury found my client not guilty. Acquitted.

Criminal Case Example Three

Assault with intent to injure and possession of an offensive weapon charges. Jury trial. Client charged with trying to stab her ex-partner with a knife. Client's position was that on the day in question he had been threatening her with knives in his possession and abusing her. She had suffered months of ongoing assaults and threats from him. She picked up a knife to protect herself and her daughter. She denied trying to stab the complaint. Client was found not guilty by the jury on both charges. Acquitted.