After being charged with an offence the police officer may release you on conditions that apply until you first attend Court. In some cases only a Judge can release you on bail.
For serious offending or where the prosecutor believes there is a risk of re-offending or not coming back to Court bail may be opposed. If bail is not granted you could wait in prison until your trial has been completed, in some cases this could be more than a year.
We have regular success in obtaining bail for clients charged with offences as serious as Murder, Rape and major commercial drug importation and dealing charges. Bail can be granted subject to conditions such as a curfew or electronic monitoring (“E Bail”).
When bail is refused by a Judge or Community Magistrate there is a right of appeal to a higher Court. I have successfully argued bail appeals in the High Court and Court of Appeal.
Crimes of violence are common and range from relatively minor assaults to those causing permanent injury and death. Defences including an argument that you were acting in self-defence may be available, alternatively a lesser charge may be able to replace the offence you are originally charged with.
Family violence occurs throughout New Zealand. The Courts are taking a broader approach to family violence, whilst charges can be defended at trial if guilt is denied there are now other options available including participation in Court directed counselling and treatment programmes.
Drink driving (EBA) or driving whilst impaired
Drink or drugged driving is unfortunately common in New Zealand. A conviction for driving whilst impaired by alcohol or drugs can have a permanent effect in the form of a criminal conviction. Even a single drink drive conviction can have a severe impact upon future travel and employment opportunities. Convictions for repeat offences can result in long term suspension of licences and confiscation of motor vehicles.
All forms of drug offending including the Possession, Manufacture, Importation and Supply of Class A, B and C controlled drugs. Shane is routinely involved in major drug prosecutions in Auckland and regularly represents clients in lengthy criminal trials in the District Court and High Court.
I act in relation to prosecutions for all forms of sexual offending and have appeared in trials in the District and High Courts.
Sexual offences carry very high maximum penalties and a conviction will frequently result in a term of imprisonment. In serious cases that term could exceed ten years or in very serious cases could result in preventive detention, an indefinite sentence where a prisoner is kept in jail until they satisfy the Parole Board that they are safe to be released.
A range of monetary offences including fraud, using documents, tax evasion and theft as a servant. Financial offending is prosecuted by a variety of organisations including the New Zealand Police, Serious Fraud Office (SFO) and the Financial Markets Authority (FMA).
Property offences are a broad category and include a range of offences including Burglary, Theft, Robbery and Aggravated Robbery.
No matter what the charges, an experienced criminal defence lawyer can make a difference in the outcome of your case.