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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23057
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter was driving a vehicle, that was not hers, the

Customer Question

My daughter was driving a vehicle, that was not hers, the owner was in the passenger side. They were pulled up by police and the vehicle was searched - drug utensils were found in the vehicle (meth pipe, syringe) a small amount of cannibas - I think my daughter had an empty meth bag in her pocket. They also had pinched a cellphone that day and they were charged with theft also.
Earlier this year my mother passed away and since then my daughter has been on a path of self destruction, she has been binging on p and other drugs, lost her car, lost her job - and gotten in with a street smart older woman and now acts out of character.
When arrested my daughter admitted everything was hers and signed a statement . Her'friend' did not make a statement. They have since been to court and my daughter has been remanded twice - her 'friend' is not due to appear until August. The duty solicitor has advised her to plead guilty to all the drug related charges and she was going to bargain with police to drop theft charge.
I am concerned this is going to affect her livelihood in the future, and she is naive and taking the wrap.
Have you any suggestions as to steps to minimise or challenge these charges - and if diversion is an option (how do we access that)
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
She really needs to instruct a lawyer to give her detailed advice about the charges and the possible sentences. Diversion is available for first offenders for relatively minor charges, and this may not qualify. But she should certainly ask. Normally she would ask the duty lawyer to check with the police to see if it is available, but there are other sentencing options which need to be explored such as a discharge without conviction, but she would need a lawyer for that. She likely isn't going to jail, but could get community work plus a conviction, which will prevent travel and some jobs. So she needs to get full advice about her options