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VIC How to get charges dismissed

Discussion in 'Criminal Law Forum' started by Sarah Jane020, 3 June 2018.

  1. Sarah Jane020

    Sarah Jane020 Active Member

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    Hi I got arrested almost a year ago on pretty serious drug charges I have evidence of other people in my house while I’m in custody but no one will listen, also a year on there has been no test on the alleged drugs found and 4 of the “key” points of evidence the police claim to have they can not produce. I have never been given a warrant for the search of my house where they allegedly found the drugs. It is being dragged out and still at mention stage can I get this dismissed as there is no evidence
    I have no prior history at all with the police
     
  2. DMLegal

    DMLegal Well-Known Member

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    What you’re talking about is a “no case to answer”. That can typically only be done after a trial has started and the prosecution has made its case. I gather you’re not on remand, so just let it take its course. The more desperate you are to get it over with, the more suspicious you look. Contact legal aid too, maybe they can help you through it.
     
  3. Clancy

    Clancy Well-Known Member

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    I do not believe the legal system functions based on how suspicious someone 'looks'.
    It may draw further scrutiny though
     
  4. DMLegal

    DMLegal Well-Known Member

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    Never said it was based on it, just that it would go very far in helping the OP.
     
  5. Clancy

    Clancy Well-Known Member

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    That may be true, .... I just dont like that it can be true, its not a proper way for the law to operate.... not your fault of course! :)
     
  6. Lucaslly97

    Lucaslly97 Well-Known Member

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    Say someone brought drugs to your home without your knowledge and police found drugs at your place. I am thinking one of two things may happen.
    Either they can't charge anyone because they don't know or can't proof who was responsible for the drugs or
    They charge the home owner same as if someone speeds in a car that you own and you can't produce the driver's name. But I doubt the second case is likely to happen because this is a more serious crime and you can't just blame it on the owner.
     
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  7. Sarah Jane020

    Sarah Jane020 Active Member

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    Thank you for your advice. The police took 16 weeks to provide me a warrant and refused to take my statement or look at the evidence of videos as I have evidence on video that people had been in my house without my permission while I was in custody The three main pieces of evidence the police claim to have they can not produce and have no prior dealings with the police in my 30 years of being alive
    It has been almost a year and have a contest mention coming up can anyone recommend a fair priced barrister or lawyer that has experience In this kind of case. My bail condition applications to vary so I can work have all been refused and now I’m going to get evicted cause I need to work to earn money it’s so crazy that it’s at this stage. I thought the law actually meant something
     
  8. Lucaslly97

    Lucaslly97 Well-Known Member

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    I’m a little confused. What do you mean by, police cannot produce the 3 main evidence? Did they tell you what they are at least? And are there evidences they can produce which are not “main evidence”? And could it be to scare you into pleading guilty?

    Why would videos of people going into your house while you are already in custody, help you?

    If you have videos of who planted the drugs at your place, it would be great.
     
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  9. Sarah Jane020

    Sarah Jane020 Active Member

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    Thanks for your reply
    I do have videos of the people planting the drugs but the police won’t look at them,
    Also the police claim there were drugs found at the search of my home I have the search on my home security cameras and was there and there was no mention of finding drugs until 4 hours after the search when I was questioned again. In my interview DVD the police say they found drugs when I asked what drugs, how much and were I was told he wasn’t sure his colleague have the pictures
    I didn’t even know what drug he was talking about. They have done no forensic tests and I have requested the 12 times
     
  10. Bill Murray

    Bill Murray Well-Known Member

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    You don't get to dictate the Police investigation. You don't get to dictate the prosecution.

    If you believe you have evidence that you are not guilty then plead not guilty.

    I'm not familiar with Victoria but it looks pretty similar to Queensland.

    In Queensland a full brief of evidence is not provided until you hit the summary hearing stage and after the contest mention. Sometimes a partial brief is provided after a hearing stage and before a contest mention. It might be slightly different but I doubt it.

    You don't get to just "ask" for evidence whenever you want...

    And you need a lawyer. If you can't properly articulate yourself on a forum where you have the benefit of taking as much time as you want and proof reading what you wrote then you're going to get slaughtered in court.
     
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