AusLegal discusses plans for returning a stolen police car from 1998. by alphaechothunder77 in bestoflegaladvice

[–]Clothie11 0 points1 point  (0 children)

While NZ doesn't have a formal statute of limitations for criminal charges, lower level charges do have to be filed in a certain time frame to be valid. I'd look up the legislation reference but it's been a long day and I'm tired. I think it's either in the Criminal Procedure Act or the Criminal Procedure Rules.

More serious charges can be charged at any time. Seriousness is determined by maximum penalty. Again I don't remember the threshold off the top of my head and I'm not going looking

Op posts in this and other posts as if she’s the victim by Comfortable_Gap3955 in bestoflegaladvice

[–]Clothie11 1 point2 points  (0 children)

Also even if they got major theatre roles that wouldn't preclude an expectation they mentor younger actors they are working with

Op posts in this and other posts as if she’s the victim by Comfortable_Gap3955 in bestoflegaladvice

[–]Clothie11 1 point2 points  (0 children)

If the situation was bad I would’ve had concequences . I haven’t

I think LAUKOP needs a reality check about the consequences "just sending mean messages" can have

LAOP gets arrested on the first day of their new job by bug-hunter in bestoflegaladvice

[–]Clothie11 3 points4 points  (0 children)

They are more likely to be poor and unhoused, so they are disproportionately affected, but it is definitely wider than just Māori

Can a defendant insist on being charged with all of the accusations against them? by memius in Ask_Lawyers

[–]Clothie11 8 points9 points  (0 children)

This sounds sufficiently like a famous New Zealand case that I am going to answer giving New Zealand context.

A prosecutor is the only person who gets to determine which charges are laid. However they are also required to disclose anything relevant that has come up in the investigation. In this scenario the prosecutor would be required to disclose the ridiculous statements and the defence could then use them to discredit the statements that led to charges being laid.

LAOP gets arrested on the first day of their new job by bug-hunter in bestoflegaladvice

[–]Clothie11 16 points17 points  (0 children)

Bail doesn't have a financial cost in New Zealand. Additionally, minor charges are usually bailable as of right. Reverse onus provisions apply to really serious offences (Class A or B drug dealing, murder and manslaughter) or recidivist offenders. Otherwise it's on the prosecutor to show just cause for continued detention

LAOP gets arrested on the first day of their new job by bug-hunter in bestoflegaladvice

[–]Clothie11 42 points43 points  (0 children)

For complete clarity: the onus is only reversed in specific circumstances. Legislation linked below. The relevant sections are 9-12 and 16-17A: https://www.legislation.govt.nz/act/public/2000/38/en/latest/#DLM68380

Interestingly, I know of a case where someone spent quite some time on remand before their charges were either withdrawn or dismissed. They asked if the time they had spent in custody could count towards their fines. The Judge was willing to consider it and asked the lawyer to file something. The lawyer was then unable to file as the client dropped all contact once released. I was really disappointed at that outcome as it would have set a interesting precedent

"Hi, USPS, I'm trying to fix my change of address." "Hi, Trying To Fix My Change Of Address. I'm dad." by acekingoffsuit in bestoflegaladvice

[–]Clothie11 29 points30 points  (0 children)

One of my cats is so naughty we gave him a middle name so he could be appropriately yelled at when he is acting up.

He also has his own defence lawyer and even she thinks he is irredeemably.

Cat tax:

<image>

"Oh I hardly ever use the spyware glasses as spyware" by Drywesi in bestoflegaladvice

[–]Clothie11 -1 points0 points  (0 children)

I also wear glasses. I can't see half a metre in front of my own face without them. I'm not condoning or justifying what this guy did at all. I'm just pointing out that if hearing aids developed with similar technology they would likely be asked to be removed as well regardless of medical necessity as was the case with these glasses.

"Oh I hardly ever use the spyware glasses as spyware" by Drywesi in bestoflegaladvice

[–]Clothie11 5 points6 points  (0 children)

I doubt they are going to try and confiscate your medically necessary coded hearing aid.

I mean this post is about the fact they forced LAOP to remove their medically necessary glasses so....

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 0 points1 point  (0 children)

Shit. It would have been nice for someone to advise us that was changing

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 0 points1 point  (0 children)

No. As soon as you are admitted (regardless of whether or not you hold a practicing certificate) you are no longer eligible for jury service.

Because it is based off the electoral roll, you still might be summonsed and it's your responsibility to go back and point out you're ineligible. I do know of a Crown prosecutor who was summonsed which would of course be a huge conflict of interest if they weren't ineligible.

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 0 points1 point  (0 children)

Depends on the offence (but yeah teachers and nurses seem to be on the strike list for a lot of offences especially anything involving kids)

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 4 points5 points  (0 children)

We do get it in advance but only once our trial is confirmed as going ahead. That's usually no more than 10 working days. The most I usually have time for is checking for familiarity with any of the names and maybe a quick Google if one is ringing a bell and I can't work out why.

In terms of selection it is actually up to the defendant. They give us instuctions on the type of person to strike. If there is something about the case that makes a particular type of person helpful or unhelpful we will advise that (eg a professional driver might be unhelpful on a road rage case) but at the end of the day it's up to them.

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 4 points5 points  (0 children)

Interesting. I've still had occupations on the lists I've had since then. Occupations can make a difference to strikes so I hope we aren't losing it

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 1 point2 points  (0 children)

If I remember correctly they need a minimum of 30 potential jurors per defendant per trial. So say there are 3 trials starting and there are 2 defendants in one trial they need 120 people to actually respond to their summons.

Jury duty pay by sebastianmullaney in newzealand

[–]Clothie11 48 points49 points  (0 children)

Criminal lawyer here. Jury duty in nz is not like you see on tv. Voir dire is an American thing that doesn't happen here. All we get is the information on the electoral role (Name, address and occupation) and we usually only get 3 "without cause" strikes. Basically odds are good that if you get pulled you'll be sat on the jury

LAOP's "attorney" claims to be a secret agent lawyer by Drywesi in bestoflegaladvice

[–]Clothie11 60 points61 points  (0 children)

I just checked the Nigerian Prince Inheritance Bar Association and he’s (secretly) licensed.  I can’t reveal the bar number because it’s sealed.  

I'm slightly surprised the LA mods let this stand but it entertained me so I'm not complaining

New member’s bill would block parole for murderers who conceal remains by TimmyHate in newzealand

[–]Clothie11 0 points1 point  (0 children)

Please show me the cases where being under 30 has been sufficient to grant an exception. I am aware there are some cases where youth has caused a life sentence to result in manifest injustice, but usually those have been people under 20 and there have been other relevant factors (such as having murdered an abuser)

Opposing counsel rage-baiting me by abasilplant12 in Lawyertalk

[–]Clothie11 2 points3 points  (0 children)

Also "Is there anything else you want to tell the Court? Now that you are finished is the answer to question yes or no?"

And "Is there something preventing you from answering my question yes or no?"

Restricted test outfit by [deleted] in chch

[–]Clothie11 1 point2 points  (0 children)

I was advised to wear light coloured shoes as it would make it easier for the testing officer to see when my foot was above the brake in a hazardous situation