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Ni have been arrested asslt (domestic) cr act (manually)

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hini have been arrested for...
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: 2 years ago.Category: New Zealand Law
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Customer reply replied 2 years 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 reply replied 2 years ago
hi i hope you could advice me with this please
Answered in 11 hours by:
3/31/2016
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,695
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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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
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Customer reply replied 2 years 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 reply replied 2 years ago
it was just like a defense mechanism about what he said
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Did i discuss this with you earlier?

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Customer reply replied 2 years ago
yup sorry im just really confused. its my first time.. i need more information. about the possibilities??
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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.

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Solicitor: Chris The Lawyer, Lawyer replied 2 years 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

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Customer reply replied 2 years ago
okey thank you. ill get back to you if there is more that i wanted to ask.. thank you
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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?

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Customer reply replied 2 years ago
diversion no it wasnt discussed?? can you tell me more about it please??
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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.

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Customer reply replied 2 years 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?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

yes you can do this

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Customer reply replied 2 years ago
do you think its proper to donit now or later on when ill be able to talk to my lawyer or adviser?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
okey thank you so much
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Glad to help again

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Customer reply replied 2 years 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??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
how like i will just tell hem i need to ask about diversion with regards ***** ***** case? is that how i should ask them?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Yes that sounds positive

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Customer reply replied 2 years ago
okey so the next time i will ring them up are they gonna give me good feedback about all this??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

I think so

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Customer reply replied 2 years ago
okey ill get back to you.. if ill have more questions in mind thnx
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

No problem

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Customer reply replied 2 years ago
if ill be called by the police for this diversion thing. do instill need a lawyer for this?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
The duty lawyer at court will help you on the day. This is a free service
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Customer reply replied 2 years ago
but the diversion thing doesnt need to be in court right? it will be between the offender and the police??
Customer reply replied 2 years 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?
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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.
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Customer reply replied 2 years 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
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
If they said to call next week, that is what you should do. Call them next week.
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Customer reply replied 2 years ago
okey thank you
Customer reply replied 2 years ago
i wont need a lawyer anymore with this?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Probably not if you get offered diversion and complete it

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Customer reply replied 2 years 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 reply replied 2 years ago
okey thnx
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

If you are ready you can rate this now

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Customer reply replied 2 years ago
no need for lawyer if ill be offered a diversion right??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

That is correct

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Customer reply replied 2 years ago
ill go to them directly after ill call them on the next week right
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

They will tell you what to do when you call them

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Customer reply replied 2 years ago
okey thanks
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

You can rate the answer when you are ready

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Customer reply replied 2 years ago
yup okey
Customer reply replied 2 years ago
hi goodmorning just incase if the victim will removed all charges?? whats gonna happen on this?
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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

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Customer reply replied 2 years ago
okey thanx. ill just have to call them today??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
do thar
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Customer reply replied 2 years 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??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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??
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

yes, that should be OK

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Customer reply replied 2 years ago
am i allowed to write a letter thru post to my boyfriend to let him know. how im doing?? or no?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
okey thanks
Customer reply replied 2 years ago
okey thanks. what about if he is sending me messages. but im not replying anything from his messages. what about that?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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.
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
no i did not answer anything.. from his messages.
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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.
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
yup i understand that.
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

.

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