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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been charged with trafficking drugs but while

Customer Question

I have been charged with trafficking drugs but while remanded in custody I have been blackmailed by a group of people from motorcycle club Finks X2 for $25,000, which they told me if I did not pay they were gonna rape my girlfriend and kill me.The reason they blackmailed me was that the remand officers sold them information about me where It showed I am wealthy and family addresses.My girlfriend paid first time but second time she called the police ,which resulted in helping Police capture the guy in our home handing the money over.We are testify against 3 members of Finks, I would like to know what sort of protection will I receive as being a victim but have pleaded guilty in possession of drugs and small trafficking charge but I haven't been sentenced yet.Can I do my final sentence home as I am scared of those people
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you are a person that the police can seek assistance from and your life is in danger they can give you protection.

This has to be discussed with them.

Here is some information about protection of wintesses

http://www.courts.sa.gov.au/GoingtoCourt/Witness-Victim/Pages/Witness-Victim-in-a-criminal-case.aspx#witproc

It is a matter where the police have to be advised of the risks and you have to seek protection.

You have to raise this issue with the prosecutor and the Magistrate in your sentencing.

You need a solicitor to represent you and the courts should take this into consideration.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 11 months ago.
question from my partner: Is there any sort of "letter"that Police can give the case Judge to explain the risk my life will be after I testify,and also after my girlfriend (me)testifies as I repeat this, as one of the accused (3 members) got arrested in her house while collecting the money by SWAT team with money down his pants.
Not only I will be considered the biggest "dog" ,my partners life will be at huge risk as she is alone (kiwi)no family in Australia.She only had me.
Like something to explain the risks to the judge so he hopefully consider a more lenient sentence as this is my first ever sentence and already been in custody for 15months. Or if I could do my sentence as a home detention ,as currently im receiving death messages/notes from variant inmates,and I am already in their "most protection unit"out of Adelaide. I already have 2 lawyers from Sydney criminal lawyers,and also have 2 barristers in Adelaide all working on my case and nothing is happening,as prosecutor keeps delaying(not replying) everything or objecting to everything my legal team suggests.Not to mention police seized more of my money (without even advising they done such)Which was held in bitcoins,over $500k and my lawyers say thats another different matter and wont be considered by judge in deciding his final sentence.
I have been advised by an inmate ,who was ex police officer that their is a "Golding Letter "that police can give but apparently hard to convince them to produce this letter.I have looked everywhere for this"Golding letter"{ definition and cannot find any reference or example of such letter.
Expert:  Leon replied 11 months ago.

Good Morning

You have to tell the police the risks and it is the Police that decide to protect you.

The police will put you on the stand to give evidence and you will state the issues that will be part of the evidence the court uses to decide his sentence.

The police will then place you into protection after the trial

but it is the police that make these decisions.

The police will present the evidence through you on the stand.

Customer: replied 11 months ago.
he is in custody,in their protection unit already waiting to get his sentence from drugs offence that has nothing to do with this case.His already in jail in protection by police waiting ...
And me(the girlfriend) I have my house monitored 24/7 and had to move houses, and surveillance by police already as they said I am at risk not before testify. My questions is what sort of document can I ask from "serious crime gangs task force police" to give to my personal case which is handled by complelty different police which are "crime drugs task force police" to explain to them the risk,as no one seems to comunicate which each other or help him at all.
Expert:  Leon replied 11 months ago.

He will stay there and once he is released then they will deal with him outside of the prison system. There is no document that I am aware of. It usually id dealt with internally with the police force and the ATTORNEY GENERAL.

The court will make orders about the prisoner being in protective custody but not people that are outside of the system. This is through them police. The police provide evidence to the Judge to show that the person in custody, has their life threatened and should be placed in safe custody.

Customer: replied 11 months ago.
his in safe custody already now but still receiving life threats from other people as their calling him a dog, as there is NO safe custody anywhere in Australia except for high risk unit where he was getting beating up by jail officers, no water for 3 days,no food for 3 days , no bed,just a blanket filled with blood ,No visits at all,not being allowed out of cell for 15days,and they call that safe unit protection .I only knew of this "safe treatment" after i got lied by police telling me his safe because I helped police arrest one of the guys which was picking up the extortion money that he was getting extorted by the other inmates there.Surely there is a law where this is considered unfare and should at least reduce his sentence which has been delayed for more than 2years,as he is at risk being inside with people he will testify against, like said this is a bikie club extortion case,and those people are in every jail in Australia and they are very revengefull people,considering we got extorted in the first place because jail officers(which got arrested and sentence in a different case) tipped off bikers that we had money and this whole mess started.
Expert:  Leon replied 11 months ago.

The threats he has to report and also the bashings by the officers.

He may have to be removed but unless this is reported then nothing can be done.

The judge cannot change this, this is an internal issue.

His sentence will not be reduced. He was sentenced. He may get earlier parole but the sentence will not be changed

Customer: replied 11 months ago.
he has not even been sentence for his drug offences, his case has not even been heard yet,his been waiting for 2 years to actually get sentence .So there is no sentence he was remamded and refused bail by drug police as they considered him a flight risk .And when he did get bail for 1 month,they arrested him for breach bail because our home had computers and phone,and his bail did not allow him to use any sort of electronic device,though is inhuman, as me personally owned a laptop,police said his bail terminated as there was an electronic device in the house me and him lived,even though laptop was mine,they said he could of used it while i got away,now that was ridiculous to expect as I am an accountant and needed to work,but still his bail got terminated.
Expert:  Leon replied 11 months ago.

Good Morning

If he is on remand then the court may take into account his assistance in sentencing him for his charges

If he breached his bail they will not grant him bail

Customer: replied 10 months ago.
Thats where it gets tricky,police now decided they want to delay of on the extortion case and only proceed after his drug sentence,so how can the judge decide on his sentence,if he has no idea how risky his life will be after testify against 3 of the most dangerous people from Finks,and how my life is now also destroyed after i help police and they get what the want yet provide no help at all in return by protecting him,as now my personal life is at huge risk,even with me being currently protected ,I had my new bmw stolen and burnt near my house ,all caught on my cctv while i was at a friends house,the day before i was meeting prosecution to give statements
Expert:  Leon replied 10 months ago.

I cannot comment on that

This is something that his legal team have to deal with and ascertain if that is in his best interests.

Your legal team have to proceed with letting the court know what the issues are so that his case can be dealt with.