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: 22813
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

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: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
JustAnswerAsk a question
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 1 year ago.
hi i hope you could advice me with this please
Expert:  Chris The Lawyer replied 1 year 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 1 year 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 1 year ago.
it was just like a defense mechanism about what he said
Expert:  Chris The Lawyer replied 1 year ago.

Did i discuss this with you earlier?

Customer: replied 1 year ago.
yup sorry im just really confused. its my first time.. i need more information. about the possibilities??
Expert:  Chris The Lawyer replied 1 year 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 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year ago.
diversion no it wasnt discussed?? can you tell me more about it please??
Expert:  Chris The Lawyer replied 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

yes you can do this

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
okey thank you so much
Expert:  Chris The Lawyer replied 1 year ago.

Glad to help again

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

Yes that sounds positive

Customer: replied 1 year 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 1 year ago.

I think so

Customer: replied 1 year ago.
okey ill get back to you.. if ill have more questions in mind thnx
Expert:  Chris The Lawyer replied 1 year ago.

No problem

Customer: replied 1 year ago.
if ill be called by the police for this diversion thing. do instill need a lawyer for this?
Expert:  Chris The Lawyer replied 1 year ago.
The duty lawyer at court will help you on the day. This is a free service
Customer: replied 1 year ago.
but the diversion thing doesnt need to be in court right? it will be between the offender and the police??
Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.
If they said to call next week, that is what you should do. Call them next week.
Customer: replied 1 year ago.
okey thank you
Customer: replied 1 year ago.
i wont need a lawyer anymore with this?
Expert:  Chris The Lawyer replied 1 year ago.

Probably not if you get offered diversion and complete it

Customer: replied 1 year 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 1 year ago.
okey thnx
Expert:  Chris The Lawyer replied 1 year ago.

If you are ready you can rate this now

Customer: replied 1 year ago.
no need for lawyer if ill be offered a diversion right??
Expert:  Chris The Lawyer replied 1 year ago.

That is correct

Customer: replied 1 year ago.
ill go to them directly after ill call them on the next week right
Expert:  Chris The Lawyer replied 1 year ago.

They will tell you what to do when you call them

Customer: replied 1 year ago.
okey thanks
Expert:  Chris The Lawyer replied 1 year ago.

You can rate the answer when you are ready

Customer: replied 1 year ago.
yup okey
Customer: replied 1 year ago.
hi goodmorning just incase if the victim will removed all charges?? whats gonna happen on this?
Expert:  Chris The Lawyer replied 1 year 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 1 year ago.
okey thanx. ill just have to call them today??
Expert:  Chris The Lawyer replied 1 year ago.
do thar
Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

yes, that should be OK

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
okey thanks
Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year ago.
no i did not answer anything.. from his messages.
Expert:  Chris The Lawyer replied 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
yup i understand that.

Related New Zealand Law Questions