NSW False Statements Due to Misinterpretation - What to Do?

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Nana01

Active Member
25 December 2016
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Hi, I need your help.

Englisg is my second language and I'm not really good in English so I'm using Google Translate.

I made a police report (I didn't mean it! I was a fool. I thought I could get some information about family counselling). They charged my hubby with an ADVO and sexual assault. And emotionally, my husband accepted it when the police interviewed him.

I asked them to withdraw the ADVO but the police doesn't want to.

Can I talk to the prosecutor that I made false statements due to misinterpretation because the police didn't provide me with an interpreter? When the interview, I told them many times that I had a hard time explaining it in English.
 

Rod

Lawyer
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27 May 2014
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Your husband may have a good defence about the police not correctly recording your interview or you not correctly explaining the events.

You should get a lawyer to help, the prosecutor is not the person to be talking to. Sexual assault is a serious offence and needs to be taken seriously. Hopefully your husband has not said anything too incriminating. He should not be talking to the police at all without talking to a lawyer first.
 

Nana01

Active Member
25 December 2016
6
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31
I talked to a lawyer, but they cannot help me much. They suggested that I talk to the police or the prosecutor and explain what happening. It was only a misinterpretation and they also suggested to get an interpreter to explain to them.

If I talk to the prosecutor of the case, can they stop the case?
 

Rod

Lawyer
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27 May 2014
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If I talk to the prosecutor of the case, can they stop the case?

Technically they can.

Are they likely to? Not very likely and then only if they have no case to run. They will not base a decision on sympathy. An interpreter is a good idea and get legal aid if you qualify.
 

Iamthelaw

Well-Known Member
13 September 2016
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86
794
I talked to a lawyer, but they cannot help me much. They suggested that I talk to the police or the prosecutor and explain what happening.

I would probably get a second opinion if I were you.
 

Nana01

Active Member
25 December 2016
6
0
31
I would probably get a second opinion if I were you.
You mean talk to prosecutor with the interpreter? Can you predict what is gonna happen next after I tell them about misinterpreted information? Can they still keep going with the case and charge my husband? Or will they charge me with making false statements and put me into jail?

Honestly, I don't know anything about Australian law and I desperately need help.
 

Nana01

Active Member
25 December 2016
6
0
31
Technically they can.

Are they likely to? Not very likely and then only if they have no case to run. They will not base a decision on sympathy. An interpreter is a good idea and get legal aid if you qualify.

Thanks for the answer. I hope they understand and drop the charge. What is legal aid? Is it free? And also, I can not provide any evidence, so I hope they will drop the charges against my husband.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
U mean talk to prosecutor with the interpreter?..can you predict what gonna happen next after i told them about mislinterpret information?..can they still keep going the case and charge my husband?..or they will charge me with the false statement and put me inti the jail? Honestly, i din't know anuthing about australian law,, and despetately need help
No, when I say get a second opinion, I mean get a second opinion if the first lawyer you spoke with didn't provide much assistance.
 

Nana01

Active Member
25 December 2016
6
0
31
No, when I say get a second opinion, I mean get a second opinion if the first lawyer you spoke with didn't provide much assistance.

I got it. Actually, i told to some lawyers ( more than 2) and also talked to a crime barrister. But there nothing much they can do. And they just suggested that I talk to the police or ODPP to clarify.

What should I do? I just want to kill myself because I was fool. I destroyed my family... Thinking about this everyday made me sick.
 

Rod

Lawyer
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27 May 2014
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We all make mistakes at some time. Important not to repeat them.