How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22894
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

My son was arrested the other day and is being charged with

Customer Question

Hi, my son was arrested the other day and is being charged with male on female assault and intent with a weapon.
In short the X girlfriend came to our residence with her new boyfriend to drop off some clothes of my sons. There ensued some angry words and she punched my son. The new boyfriend also attempted to punch my son. He deflected the blows, picked up his stuff and walked away.
I witnessed the punch from the girl, saw him deflect another blow from her and walk away.
The girl has then yelled ‘knife’ and they have sped off with words to the effect of you are going to pay for this.
There were also some witnesses who were entering our neighbour’s property at the time.
I can also testify that he didn’t have a knife as he was about to go for a swim with my grandson and had emptied his pockets on the kitchen island. There is also evidence that the knife was at my sons flat in his work pants, his flat mate can confirm this.
The other witnesses can no doubt add their evidence.
The police seem fixated that the girl described the knife accurately. This was explained by my son re the fact that she not only lived with him for some time but also she was the one who bought him the knife as a present for work.
Why have none of the other witnesses to the event been interviewed and no statements taken? How can I ensure this evidence is submitted? At best this seems sloppy and unprofessional and at worsts an assumption of guilt without a reasonable investigation.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

He needs to get a lawyer to defend him, and then brief the witnesses who can give evidence on his behalf in court. It is possible that once the police realise he has a defence they may pull back on the charges but otherwise he will need to prepare for a trial and see who the judge believes.

Customer: replied 1 year ago.
Would you recommend going with the court appointed lawyer? Are we able to speak to him or her in the same way as a hired lawyer?I dont know what the level of service is for court appointed lawyers other than what you see on TV.....
Also, per the initial question, is it not the prosecutions job to prove guilt beyond reasonable doubt? How can they do this if witnesses are not interviewed?
Expert:  Chris The Lawyer replied 1 year ago.

The police sometimes just choose who they believe. So in this case they appear to support her story. If he has a legal aid lawyer sometimes they are junior and not as experienced, though that isn't always the case. But they will be acting for your son, and if he directs his lawyer to call your witnesses the lawyer will need to do so and talk to you. If he gets his own lawyer he can choose a criminal law specialist and will get closer attention of course. If you need a referral please advise your city and the court

Related New Zealand Law Questions