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  • AADD Moderators: swilow | Vagabond696

Legal aid

THR!

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Joined
Mar 24, 2001
Messages
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A friend of my boyfriends has been charged with something arising from going out last night that he didn't do ... (theft). Two bouncers at a bar detained him and called the cops, who charged him and have given him a summons for court next month.

I'm wondering what the best process of going about obtaining all the evidence is (or lack of) so that he can be defended? The bouncers made up this story that they caught him on camera doing something, which is just bullshit, and it was probably a case of mistaken identity (I don't dispute something went missing, but it just wasn't him). But they being "eyewitnesses" will probably have given statements?

Are the police obliged to give you a copy of their evidence prior to the hearing? Because if they're eyewitnessees we would need their statements to be able to dispute what they are saying. Otherwise it's just his word against theirs.

He wasn't caught with anything, didn't take anything, didn't have anything on him, so I'm not even sure why the police charged him. The charge sheet doesn't give any detail at all (it goes on to state that he sustained injuries to himself which he doesn't even have!).

Any ideas as to how to approach this? I was thinking of contacting Legal Aid and trying to get some free advice but the case against him must be pretty weak.
 
this wont even get to court... if they say they have you on camera, you lawyer will ask to see tht evidence BEFORE it goes to trial, thus saving the gov shit loads of money.

the prosecutor has to see it also and he will decide whether to go ahead with the charges... as for legal aid, you get what you pay for. i would highly suggest that you get the best you money can afford. if you think that stinks, you know what the alternative can be, dont you ?
 
The police didn't even fingerprint, take his photo or anything. It's just really bizarre.

Thanks for the tip - I'll go see Legal Aid - I just want to see how I can get their so called "evidence" because it'll be so flawed and I'd rather try and get the charges dropped before it goes to court.
 
Yeah just get advice from Legal Aid. It really doesn't sound like this is going to go anywhere.
 
^ legal aid arent all that bad you know: my mate who just got done for dealing, theft etc etc (which he actually did do before taking off to New Zealand) got off with a $300 fine and some community service.

Sounds like your mate has no real worries, itll be more of a hassle than anything. :)
 
^ legal aid are shit. period. if i could choose between legal aid and chris murphy, i would be stupid not to choose the latter. you may say "of course you would choose a better lawyer". you said it.:\
 
Thanks. I'll give it a shot.

Can you just go to the police and ask them what evidence they have? Aren't you entitled to receive the information?
 
^ No... the whole situation is just really odd. I mean, it's just on the basis of two people's words (staff/bouncers, no less). Supposedly he stole a handbag, which he didn't have in his possession.

There is no description on the charge sheet other than 'theft', didn't photograph or print, wrote down that he had abrasions on both elbows (when he doesn't), ... so basically it comes down to I said, you said. Which I doubt is information they can convict someone on.

Just ... odd, really.

(He didn't touch any freaking handbag!)

Is it worth going down to the police station to discuss? Or does it lie with the prosceutor now?
 
as far as i know (in victoria) the police are required to present you with a list of all physical evidence they intend to present against you before you go to court.
I'm not sure if it's something you automatically get, or if you have to ask for it.

My old flatmate went through this a few months ago (charges for possession and cultivation) and considering the crap load of stuff they took from the house, they left a hell of a lot of it off the evidence sheet (including things like electronic scales which could have increased the charges against him).

It sounds like the cops were a little slack in your friend's case and very light on evidence, so it's definately worth asking exactly what evidence they intend to use against him. You might (read: likely) find they've got nothing worth worrying about.

by the way...i got taken down to the station when my flatmate was arrested and was given an official warning and they took my photograph - a warning isn't even a proper conviction or charge!!
It just stays on my record for a set amount of time and if i get in trouble for the same thing again, well then i'm screwed. Not taking a photograph and fingerprints when you charge someone seems moe than a bit wrong to me.
 
^ I know - it basically means that it could have been anyone saying that they were you...!

I'll tell him to go down to the police station and ask for the evidence they will be presenting. Or check with legal aid first.
 
Legal Aid can be very good, you're just rolling the dice is all.

The service is purchased by the govt off private legal firms. My x used to do 1 day a week of legal aid (great way to build a client base) and she had a nearly perfect strike rate of acquittals.
 
Ive been through legal aid but wasn't eligible due to my income status etc etc. Basically what happened with me is my legal aid guy got the police to fax the complete file of evidence and summary of charges against me for him to look over, including statements and stuff so he could determine what chance i had of being charged and if so, whether it was better to plead guilty/not guilty. I was fucked on because i was 17 at the time and basically didnt know shit about police interviews and basically dobbed myself in so my statement is what wrecked me, however it sounds like the cops have nothing against your friend.
 
THR

Your friend was not fingerprinted or photographed because we was charged by way of summons, not arrested.

Only if your arrested will Police obtain you fingerprints, photograph and now DNA.

The Police will have to disclose all evidence against him if he pleads not guilty!

This must be provide no later than 14 days prior to his trial. This means all evidence including witness statements, Police statements and video surveillance and any other evidence that the prosecution will use against him in his trial.

It is pointless going to speak with the Police that charged him, leave it for the trail. If he has been charged, he has been charged. Talking to the Police won't charnge a thing. If they have charged him without evidence, let them prepare the court brief and take it to court.

It's the charging officer that is going to look very silly infront of the Magistrate if little evidence is brought to his trail.

Legal Aid lawyers are no QC's or hot shot private lawyers in big firms that represent wealthy clients. However, they are still legally trained people.

As Immortal Teknique mentioned, not everyone is eligible dispite popular belief.
 
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