New Zealand Law
Have New Zealand Law Questions? Ask a Lawyer Online.
I am just reading this now
The police will often invite a suspect to come in and have a discussion about the case. But this is never actually any more than an attempt to gather evidence. The only information this person needs to give is his name address and occupation. He has no legal obligation to say anything about the offending, or give any explanation. In a situation like this where some evidence has been gathered, possibly without his knowledge, he is better off not saying anything at all. He should tell the police in the politest way, that because of the passage of time it would be unwise to make any comment. They cannot force him comment and if they persist, he can continue to say that he does not want to comment.
Of course it is possible that there is enough evidence to charge him with breaking and entering based on the recording of the confession and what his friends have said. If they charge him he has the option of pleading guilty if the evidence is strong. If he has not committed any previous similar offences, he is likely to get community work or possibly home detention rather than jail based on the facts you describe
If the person decides to confess, and does so at an early stage this can help with the sentence. However once the police have become involved they will continue until there is a conviction and this will mean a sentence which goes on his record. In some cases if this is a first offence, and there has been full cooperation and full compensation, he could get discharged without conviction but it would be marginal for a breaking and entering charge, and he would need to instruct a lawyer to make the full written application which is necessary.
The police do not as a matter of course notify his employer, but they may find out especially if he is on home detention, because he would need to get their support to continue working. Home detention means that he stays at home unless he gets permission to go to work from a probation officer, which would of necessity mean discussion with the employer.
He is likely to be ordered to pay reparation for the lost property, but if he gets a fine that would be an alternative to home detention or community work, but would involve an arrangement to pay out of his wages. The court handles applications to pay reparation and fines and he would have to explain the circumstances, but generally he would be able to pay this off. We do not handle individual cases on this site but I can certainly recommend a lawyer if you tell me the city.
It is always open to challenge the facts alleged by the complainant. In some cases it is necessary to have what is called a contested facts hearing to challenge this sort of claim. The police will make their own assessment of the claims, and if they think that the complainant is exaggerating the claim they may not prosecute. If you think that the complainant is exaggerating what was taken, and you have some reason for doing so, the police should be told about this. It would be a crime for example, to make a claim against insurance for a list of valuable items which were not actually stolen
The voice recording could be used in court as evidence. Even though he was not aware of the recording, it still has some value as evidence.
He should be very cautious about going to the police. If he wants to make a confession, then I suggest he instructs a lawyer to talk about the evidence and to go with him to make the statement to the police. The problem with the other offender is that if he does not know the details, the police will blame him for the entire burglary. He can tell them what was actually taken, and the police will need to make a decision on who they believe.
Once he is convicted, the record is permanent. Burglary is generally too serious to be covered by the Criminal Records Clean Slate Act which permits concealment of minor offences over seven years old. The record of the conviction will not be sent to other countries. However if he makes a visa application, he will have to declare the conviction. A conviction will not stop him getting a passport, and may cause problems with getting a visa, although most countries are more concerned about drug offences or violence.
Try this lawyer http://www.jplegal.nz/
He does not need to tell the police anything if he does not wish to do so. With the confession, they are likely to arrest him and bail him to appear in court. When he gets to court, he is likely to get bail again as this is I think his first offence
They can still arrest him so getting a lawyer to go with him will help make sure he gets bail