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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Ni have been arrested asslt (domestic) cr act (manually)

Customer Question

hini have been arrested for com asslt (domestic) cr act (manually) -crimes act 1961 section 196 with charge code 1583. and i have to appeal on court again. what should i expect??
Submitted: 8 months ago.
Category: New Zealand Law
Customer: replied 8 months ago.
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hini have been arrested for com asslt...
hini have been arrested for com asslt (domestic) cr act (manually) -crimes act 1961 section 196 with charge code 1583. and i have to appeal on court again. what should i expect??
Customer: replied 8 months ago.
hi i hope you could advice me with this please
Expert:  Chris The Lawyer replied 8 months ago.
This depends on the background and what actually happened and your previous record, or if you are appearing for the first time. At the lighter end, you would get a fine or community service, but a serious assault with a history of other assaults could mean jail. A little more background would help me be more precise
Customer: replied 8 months ago.
the whole scenario was i was drinking with my boyfriend and we just had little argument. and i get upset about what he said even if it was just a joke i just get carried away and slap him.
Customer: replied 8 months ago.
it was just like a defense mechanism about what he said
Expert:  Chris The Lawyer replied 8 months ago.

Did i discuss this with you earlier?

Customer: replied 8 months ago.
yup sorry im just really confused. its my first time.. i need more information. about the possibilities??
Expert:  Chris The Lawyer replied 8 months ago.

As we discussed in the other question there are a range of possibilities, including a discharge without conviction, possibly even a diversion, but if you do get convicted this is likely to be a fine or community work.

Expert:  Chris The Lawyer replied 8 months ago.

But because of the risk to your Visa as a student, you really should get a lawyer as soon as possible and have a full discussion about the possibilities

Customer: replied 8 months ago.
okey thank you. ill get back to you if there is more that i wanted to ask.. thank you
Expert:  Chris The Lawyer replied 8 months ago.

No problem, I hope this gets resolved so you can continue your study

Customer: replied 8 months ago.
shall i plead guitly about what i did to him?? becasue it wasnt that bad i could still recall it was just a very slow slap
Expert:  Chris The Lawyer replied 8 months ago.

That is something you should discuss with a lawyer, in person with all the facts. We didnt talk about diversion before. Do you know about this and was it discussed when you went to court?

Customer: replied 8 months ago.
diversion no it wasnt discussed?? can you tell me more about it please??
Expert:  Chris The Lawyer replied 8 months ago.

Police diversion is a scheme for first offenders. If diversion is offered by the police this means you have to pay a small fine or do community work but you do not get a criminal conviction, and the charge is withdrawn from court. To see if diversion is available, you need to contact the police prosecutor who is dealing with your case and ask if this is a possibility. Sometimes for domestic violence cases diversion is not available.

Customer: replied 8 months ago.
i really dont know the police officer incharge? is it possible for me to call the police station and ask them about who my police prosecuter is?
Expert:  Chris The Lawyer replied 8 months ago.

Yes, and tell them you are asking about diversion so they will understand why you want to talk to them

Customer: replied 8 months ago.
im allowed to do that even if i have a paper already of notice of bail to the dependant? i cant just ring them and ask for diversion? and discussed it with the police?
Expert:  Chris The Lawyer replied 8 months ago.

yes you can do this

Customer: replied 8 months ago.
do you think its proper to donit now or later on when ill be able to talk to my lawyer or adviser?
Expert:  Chris The Lawyer replied 8 months ago.

You can ask now as it will help the lawyer if they know about diversion

Customer: replied 8 months ago.
okey thank you so much
Expert:  Chris The Lawyer replied 8 months ago.

Glad to help again

Customer: replied 8 months ago.
how should i address the police? in telling them about the diversion? i mean how should i talk to them? i really dont know please give me advice how inwiuld speak to them. i might speak something which is not applicable and might add my fines??
Expert:  Chris The Lawyer replied 8 months ago.

They often get calls about diversion, so they may even expect a call like this. It wont add to your fines

Customer: replied 8 months ago.
how like i will just tell hem i need to ask about diversion with regards ***** ***** case? is that how i should ask them?
Expert:  Chris The Lawyer replied 8 months ago.

Yes, just say you have heard about diversion and ask if you are eligible

Customer: replied 8 months ago.
hey i have already called them and they said that its possible but i would need to call them back next week again closer to my court date hearing? is there any positivity now?
Expert:  Chris The Lawyer replied 8 months ago.

Yes that sounds positive

Customer: replied 8 months ago.
okey so the next time i will ring them up are they gonna give me good feedback about all this??
Expert:  Chris The Lawyer replied 8 months ago.

I think so

Customer: replied 8 months ago.
okey ill get back to you.. if ill have more questions in mind thnx
Expert:  Chris The Lawyer replied 8 months ago.

No problem

Customer: replied 8 months ago.
if ill be called by the police for this diversion thing. do instill need a lawyer for this?
Expert:  Chris The Lawyer replied 8 months ago.
The duty lawyer at court will help you on the day. This is a free service
Customer: replied 8 months ago.
but the diversion thing doesnt need to be in court right? it will be between the offender and the police??
Customer: replied 8 months ago.
do you think a call is just enough to ask if im eligible for diversion? or i would need to go to the police station?
Expert:  Chris The Lawyer replied 8 months ago.
You do need to talk to the diversion sergeant. He or she will tell you if it is an option and tell you what to do.
Customer: replied 8 months ago.
okey i already ring them? yesterday, donyou think its more proper to go to the police station and talk to him in person? or i would need to wait for next week to call them? as what they said when i called if im illigible
Expert:  Chris The Lawyer replied 8 months ago.
If they said to call next week, that is what you should do. Call them next week.
Customer: replied 8 months ago.
okey thank you
Customer: replied 8 months ago.
i wont need a lawyer anymore with this?
Expert:  Chris The Lawyer replied 8 months ago.

Probably not if you get offered diversion and complete it

Customer: replied 8 months ago.
okey thanks so much.. so ill just be waiting for there respond on my next call before ill be attending a lawyer right?
Customer: replied 8 months ago.
okey thnx
Expert:  Chris The Lawyer replied 8 months ago.

If you are ready you can rate this now

Customer: replied 8 months ago.
no need for lawyer if ill be offered a diversion right??
Expert:  Chris The Lawyer replied 8 months ago.

That is correct

Customer: replied 8 months ago.
ill go to them directly after ill call them on the next week right
Expert:  Chris The Lawyer replied 8 months ago.

They will tell you what to do when you call them

Customer: replied 8 months ago.
okey thanks
Expert:  Chris The Lawyer replied 8 months ago.

You can rate the answer when you are ready

Customer: replied 8 months ago.
yup okey
Customer: replied 8 months ago.
hi goodmorning just incase if the victim will removed all charges?? whats gonna happen on this?
Expert:  Chris The Lawyer replied 8 months ago.

That doesnt always affect whether the police proceed or not, but will be important for diversion. If they tell the police you dont want to give evidence now and have forgiven you, then that will help diversion

Customer: replied 8 months ago.
okey thanx. ill just have to call them today??
Expert:  Chris The Lawyer replied 8 months ago.
do thar
Customer: replied 8 months ago.
called them earlier, again they want me to call back next week. do you have any idea why its taking for them time to decide weather ill be given a deversion??
Expert:  Chris The Lawyer replied 8 months ago.

They have a lot of work, and sometimes just take time

Customer: replied 8 months ago.
okey.. im hoping for a positive feedback next week. So ill jist wait for what they will have to say about it right? before consulting a lawyer??
Expert:  Chris The Lawyer replied 8 months ago.

yes, that should be OK

Customer: replied 8 months ago.
am i allowed to write a letter thru post to my boyfriend to let him know. how im doing?? or no?
Expert:  Chris The Lawyer replied 8 months ago.

If you have a non association clause in your bail you must not contact him in any way

Customer: replied 8 months ago.
okey thanks
Customer: replied 8 months ago.
okey thanks. what about if he is sending me messages. but im not replying anything from his messages. what about that?
Expert:  Chris The Lawyer replied 8 months ago.

You must not reply as that is a breach of bail. You need to be careful to respect the bail terms

Customer: replied 8 months ago.
ofcourse ill do that. but will it affect me. should i just delete his meessges or i will let the police know about this maybe will be a need just so the police will know in case. they might ask.
Expert:  Chris The Lawyer replied 8 months ago.

If you have answered any of the messages that would be a breach of bail, so best not to raise the issue

Customer: replied 8 months ago.
no i did not answer anything.. from his messages.
Expert:  Chris The Lawyer replied 8 months ago.

Then perhaps show these to the police when you discuss diversion, if you feel this would help, but be careful

Customer: replied 8 months ago.
yup because i wanna know what might be the consequences because his sending me messages but i never intend to reply any of those. since i know my conditions on bail. Thats why i was asking because his the one whos making contact not me. and it will be impossible if ill not read it. since his sending messages in my phone right.
Expert:  Chris The Lawyer replied 8 months ago.

He can legally send you messages but you cannot respond, as you know

Customer: replied 8 months ago.
yup i understand that.
Expert:  Chris The Lawyer replied 8 months ago.

.

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