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My partner has been convicted and not yet sentenced, and he…

My partner has been...

My partner has been convicted and not yet sentenced, and he has found out that some of his charges have been duplicated. Is it possible for him to bring up the double charges at the sentencing or could look at to get bail even if its with a bracelet on?
Or is it best for him to go through the sentencing and wait to bring all the stuff through the appeal?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New zealand

Lawyer's Assistant: Has anything been filed or reported?

No not yet as another lawyer is reading on all the material for like an appeal. During trial his previous lawyer did not give evidence that was beneficial to my partner. And complainants statement contradicts itself. And he only found out they were duplicated, he also believed someone on the jury knew the complainant but his lawyer at time told him it was too late

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

Any way he can get bail faster, how long for urgent appeal/hearing for new lawyer to get though.?

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Answered in 1 minute by:
3/5/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,556
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 with your question today
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Customer reply replied 1 month ago
Hi, what is recommended for my partner for the sentencing?
Bail can be arranged fairly quickly, but once you have been convicted then bail is harder because he has lost the presumption of innocence. He cannot appeal until the sentence but if he is eligible for home detention that may be a possibility
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The issues about the duplicated charges can be raised at the sentence but other factual issues would need to be addressed on appeal
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Sentencing needs careful preparation and support about the issues. This means talking to the probation and others and getting precedents about similar cases.
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Customer reply replied 1 month ago
Can he say anything at the sentencing about the duplicate charges or wait for the appeal?
his lawyer should raise that at sentencing
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Customer reply replied 1 month ago
If there were any other faults within the charge sheet, should that also be raised at sentencing?
They can be mentioned but better used on appeal
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Customer reply replied 1 month ago
otherwise best use everything at appeal to get a better advantage?
There isn’t much you can do about how the trial was carried out except on appeal
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Customer reply replied 1 month ago
then would it be best to bring up the duplicate charges with everything else on appeal?
He will not be having a lawyer during sentencing aS last lawyer he sacked and new one is working on appeal of conviction.
They should be mentioned at the sentence but reserved also for an appeal
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Customer reply replied 1 month ago
For how long would a urgent hearing/appeal take when straight after sentencing
Customer reply replied 1 month ago
for trying to get bail at the sentencing what can he do to achieve? Would duplicate charges help with that?
The time to appeal can depend on where you are as some courts are busier than others. It’s generally around 2-4 months. He can apply for bail for an appeal directly after the sentence but that’s not easy to get.
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He should try to get a lawyer for the sentence
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Let me know if you need more help
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Customer reply replied 1 month ago
At this stage it too short notice to get a lawyer except use one of on duties at the court. So it best to bring up duplicate charges at sentence, and is there any chance he could try for bail at sentence, what would be the best way to try get that at sentence?
He would need to ask the judge at the sentencing but it doesn’t always go down too well.
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Can he afford a private lawyer?
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Customer reply replied 1 month ago
We got private lawyer at moment for the appeal

I would think that lawyer could do the sentencing as well, perhaps they dont want to. Which court is this in?

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Customer reply replied 1 month ago
I think the sentencing is in the high court.
The previous lawyer was through legal aid.

Is this the Auckland High Court?

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Customer reply replied 1 month ago
Dunedin

I think its pretty risky doing a sentencing in the High Court on your own. A good lawyer can really make a difference

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,556
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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