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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22763
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My son has been charged with common assault & we are

Customer Question

My son has been charged with common assault & we are visiting from Australia, he surrended his passport & has court Monday morning. Advice would be greatly appreciated & what is likely to happen. He stated that he did not hit anyone.
Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.
It is quite possible he may qualify for diversion, and won't get a conviction, if this is just a minor matter. This could likely be completed relatively quickly, but the next step would be to go to court with him on Monday with either a lawyer you choose, or see the city lawyer and ask if diversion is an option. That normally is something like a charity donation and perhaps an apology. If he wants to defend this however he would need to enter a not guilty plea, but may be stuck in New Zealand until the case is heard. That may not be an option. If he just pleads guilty then he would likely get a fine but his record would show a conviction
Customer: replied 11 months ago.
Would you please explain what a diversion is?
Expert:  Chris The Lawyer replied 11 months ago.
Diversion is a police scheme for first offenders to avoid getting a conviction on their record. They are diverted from the standard criminal track and get asked to pay some small costs and possibly a letter of apology and then the charge is withdrawn

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