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My son was arrested on the 18/7 and is on remand at chch…

Good Afternoon. My son...

Good Afternoon. My son was arrested on the 18/7 and is on remand at chch prison. he appeared in court on the 07/08 and was decline for bail.he has pleaded not guilty. was due back to court today 19/09 today. but for some reason his court appearance not till 10/10? All evidence was given to police last week. can he still be held in prison this long on remand.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

New Zealand Christchurch

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes last week and she put everything to the police so today was to decide if police would move forward on prsecuting him. Son had no idea he wasn't to go to court today until he rung me. I only new when I rung the court an told me he was pushed till the 10/10

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

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Answered in 10 minutes by:
9/19/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,766
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

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Customer reply replied 10 months ago
Thank you

He can make an application for bail, which is not tied to the next court appearance. However it does depend on the charges he is facing. Do you know what charges there are?

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Customer reply replied 10 months ago
Contravenes protection order broke his protection order and has been charged
with assult on ex partner which he has denied

Breaching a protection order does make it hard to get bail. But it's not impossible, and if he has been on remand since July he is likely to close to the sentence he would get for the breach of order and for the assault. This may be why his lawyer was talking to the police about whether they would continue with the charges, because two months later and having been held in jail would be about the same as the sentence. I say this on the assumption that this is his first breach of the protection order and assault and assuming it was not too serious an assault

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Breaching a protection order does make it hard to get bail. But it's not impossible, and if he has been on remand since July he is likely to be close to the sentence he would get for the breach of order and for the assault. This may be why his lawyer was talking to the police about whether they would continue with the charges, because two months later and having been held in jail would be about the same as the sentence. I say this on the assumption that this is his first breach of the protection order and assault and assuming it was not too serious an assault

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Customer reply replied 10 months ago
We have given the police a sigh afivadite saying he was not there on the night and all eamils between himself and his ex. when taking this to his lawyer she said the police now see there is more to the story and were going back to the ex with everything. this was last week. so not sure why the court date moved to 10/10. they sai he pushed her to the ground and lifted his foot to kick her but didn't kick her an stopped short. they say he broke a vase and rubbish bin.

If he pushed her that would be enough for an assault, and the combination with the breach of the protection order would be the grounds for opposing bail. I can see why you want to explain the full story, but there is no reason why he cannot make an application for bail before his next court appearance. He should ask his lawyer to make an application perhaps with conditions about contacting his ex-partner or other appropriate conditions. If there is a protection order in place he cannot contact her in any event, as I am sure he knows well

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Customer reply replied 10 months ago
he knows he cant contact her but thy did start living together again in the April and it seems she uses this order when things are going wrong between the two of them. I suppose we just have to wait till 10/10.

If they started living together with her agreement, that does change matters. I wonder of what he really needs to do is to get some anger management counselling, but possibly for her to do so as well. But he can apply for bail at any time, because it does seem to me with this sort of relationship that he has done as much jail as he would get if he was sentenced. He could also ask for the case to be brought forward to plead guilty and get sentenced

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Customer reply replied 10 months ago
He said he would plead guilty to having contact with her through emails but not the assault charge as this didn't happen.

If he pushed her that is an assault-but he can defend the charge if he says this didnt happen

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Customer reply replied 10 months ago
Thank you for listening and the advice. Very much appreciated. hopefully time spent in jail will be his punishment for having contact with her.

That may be the final result, and glad to help. Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,766
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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