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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38739
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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cant get representation for court on monday in aurukun because

Resolved Question:

cant get representation for court on monday in aurukun because not indigenous police detained car did not give any paperwork to me refuse to give me papers for court for lawyer for list of charges what are my rights?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Is this the first time it is in court?

Are you sure you spoke Legal Aid and not Aboriginal Legal Aid? If they have refused you because you were not aboriginal then you have been discriminated against and you can take this further.

Do you have charge sheets setting out what you are charged with and also what the police are relying on?

Customer: replied 1 year ago.
yes first time in court
spoke to legal aid not aboriginal legal aid and only aboriginal legal aid go to aurukun which is why i cant get representation from them
no field property recipt for vehicle was given to me
police refused to give me QP9's unless i turn up with a lawyer on monday and if i do then they will give them to me.
Expert:  Leon replied 1 year ago.
Good Afternoon

Being your first time in court you can get an adjournment and also ask for the police evidence and papers to be served on you.

You do not need a lawyer and you should get a court order that they serve you with the QP9 and the court will not deal with the matter on Monday because you have not been served.

You should also ask for the receipt for your car.

Because the matter occurred in the area the matter has to be heard where you are. You can request it be moved and the court will have to decide.

You should be able ot get a private Solicitor to appear and be paid by legal aid but you have to apply for legal aid and get a grant.

Have you contacted any private Solicitors and asked if they are prepared to take the matter on at legal aid rates?
Customer: replied 1 year ago.
have not had time to contact private solicitor yet as has only been 7 days. have asked for reciept for car police refused.
Expert:  Leon replied 1 year ago.
Good Evening

My apology for the delay.

The court will make the orders for the police to provide you with the receipt.

You advise the court of what the police have not done and ask the that they be forced to comply with the law.

You should make an application to get the matter adjourned on Monday for 3 weeks so you can see a solicitor and also an order for the police to provide you with the receipt for the car and also to serve you the QP9.

You can do this on your own and being the first court date the court will grant you the application.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Customer: replied 1 year ago.
the legal aid advice i did get told me that i can not get an adjournment without pleading guilty and that if i do turn up on the day i will not get my adjournment and will get crucified by the police prosecutor. aurukun is closed aboriginal community i was told to plead guilty and request transfer of case to cairn court so i could get legal representation as lawyers do not like going to aurukun as it costs so much.
Expert:  Leon replied 1 year ago.
Good Evening

You have not even been provided with a QP9 and therefore you do not even know what the Police are alleging and what evidence they are relying on.

If you plead guilty then the next step is to be sentenced.

The court may not transfer the matter to Cairns they may decide to sentence you on Monday and then you may have a criminal record.

How can they recommend you plead guilty when you do not know what the facts are?
Customer: replied 1 year ago.
the charge i would plead guilty to is having alcohol on the aurukun road..... aurukun is a dry zone..... i was told to plead guilty to that charge specifically as i was caught with alcohol on the aurukun road. my 1st offense.... usually car is confiscated for 24 hours on 1st offense ... so yes you are right i dont know what else they are trying to charge me with. i was told to write a letter which says quote :

Due to the lack of opportunity to have received legal advice Brett would like the matter of one possession of liquor in a restricted area to be adjourned and transferred from Aurukun to Cairns. Brett pleads guilty to the above mentioned charge.
Expert:  Leon replied 1 year ago.
Good Evening

If you had the liquor then you can plead guilty to the possession of it.

But change the letter to specifically refer to possession of liquor instead of the abovementioned charge.

If they transfer the matter then you can seek advise.

I find it hard to believe that they will not allow an adjournment if you are not legally represented. I have had a similar situation in Brisbane where a client was not represented and got an adjournment and he had the QP9.

Make sure that it is only for the possession you plead guilty to.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38739
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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