VIC How to get charges dismissed

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Sarah Jane020

Active Member
3 June 2018
11
1
31
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.

Hello Bill

I appreciat you taking the time to reply, I have never claimed to be the smartest person in the world, I’m sorry that my explanation isn’t clear as I find it hard to put the situation into a short few paragraphs as there has been many events that are not ordinary about this case.

I respect that there is a protocol to follow but the police need to abide by the same protocol and act professionally and respect the fact that people have human rights and they are not above the law. They are public SERVANTS and entire job is based on serving the community to keep order and safety to ALL people equally and respect the law and protocol

For example -

The police entered and search my home with out my permission or producing a warrant. They can not do that unless there is someone in danger inside, invited or suspect someone that they hold a warrant for is insid

I requested a warrant daily from the police and it took 15 weeks for it to be provided to me.

They needed to provided me a property log / receipt of my property taken that day and had 7 days to apply to the court to keep it as evidence
It took 10 months for them to give me a property receipt

The Police advised me that they are allowed to deny my rights to phone a lawyer or a family member if they see fit which you can hear clearly on my interview tape

The police supervised my phone call to my lawyer which was finally granted 15 hours later and I had already been interviewed 3 times

I have face book messages from the police station senior sergeants daughter threatening me telling me game over for me because she was angry I was seeing her ex

The police claim to have found drugs at my house Police protocol is to take me to where they are found and ask for explanation so there is acknowledgment of the find and it’s location.
I was never shown anything and as per my videos I was made to sit and stay by the front door while they ran around my house for 2 hours.

I wasn’t told they had found drugs until an interview 4 hours after the search and they could not tell me or show me the alleged 60grams they found and was told that “someone else has those photos”

There has been no forensic tests done on the alleged drugs so this substance they claim to be drugs may not even exist

And that is just a few of the long list of issues

I may not be articulate and I may not be as polished as you are Bill but the law states you and I are both equal regardless and our basic human rights should be respected just the sam
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Sarah, I understand the investigation has not been done as you expected, or probably done as it should have been according to protocol etc. But I suppose the bigger question is, what do you aim to gain by bring up all of the issues? In no way am I suggesting this is the case, however it looks as though you want the investigation over before they find something incriminating, again, I know this isn't the case, but thought a different perspective would perhaps enable you to see the situation in a different light. The Police do not need your permission, nor are they obliged to produce you a copy of it at the time of the search, as long as they have been granted a warrant, that is sufficient. If they have not been granted a warrant, any lawyer worth his salt would notice this during the trial and the evidence will likely be ruled to be inadmissible. It may be Police protocol to show you where the drugs are (in Victoria anyway, I have never heard of it in WA), however it certainly is not the law. They can choose to never tell you about the drugs, so the four hours is irrelevant. The 60 grams will be tested before trial, until then they don't need to test anything. Lastly, it could be argued that, if the 60 grams were drugs, they were keeping the community safe, while you would disagree, the majority of the public would not (again, that is if it actually drugs). Just let the investigation take its course, jumping up and down about it won't stop it from happening.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Considering I don't believe a single sentence of what you have said I'm not really going to bother replying any further.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Considering I don't believe a single sentence of what you have said I'm not really going to bother replying any further.

Thankfully in this country 'ANY' person is entitled to legal advice weather you think they are guilty or not.... (that does not mean a good lawyer would not give the op a strong reality check before walking into a court room)
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Thankfully in this country 'ANY' person is entitled to legal advice weather you think they are guilty or not.... (that does not mean a good lawyer would not give the op a strong reality check before walking into a court room)

For sure.

But there is no way you can seriously believe the accuracy of the posters story... Police make mistakes, for sure, but the poster has literally listed the exact thing Police would have to do at every stage of the investigation to get it thrown out of court. According to them the Police have not conducted a single part of the investigation legally. I am extremely sceptical.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
For sure.

But there is no way you can seriously believe the accuracy of the posters story... Police make mistakes, for sure, but the poster has literally listed the exact thing Police would have to do at every stage of the investigation to get it thrown out of court. According to them the Police have not conducted a single part of the investigation legally. I am extremely sceptical.

Well, if the op wants to play games, he can do so with a very clever like minded lawyer at his side and probably do quite well. But he will be torn apart without that clever lawyer, no doubt about that!
 

Sarah Jane020

Active Member
3 June 2018
11
1
31
You may all think this sounds to far fetched and made up as if I wasn’t actually living this for the past year I would ha e been of the very same opinion
This is entirely why I am having so much trouble: Every one keeps giving the standard answers but no one is willing to actually look at the evidence!
I have the video footage to prove it
I have the 6 different briefs to prove it
I have the phone data reports to prove it
I have the original master interview cds to prove it

I know I will get destroyed at court with out a good lawyer and that is exactly why I am posting on this forum!
I am trying to find a lawyer that will actually look at the events and the physical evidence I have and the lack of ACTUAL evidence the police have and help me

So your opinions are taken on board but it is a broad opinion of a general case and nothing I have not heard before
Your obviously not the lawyer I am looking for as I need someone that follows the law and also holds the police to the same
 

Arche

Well-Known Member
20 March 2015
114
11
419
Hi Sarah
If you are trying to get the charges withdrawn before court you are not going to get far.
If it is listed for hearing it's the Magistrates job at first instance to hear the evidence from you and the Police and decide where to go next.
What have you been charged with- that is not even clear.
If you cant get a lawyer - not even legal aid - I suggest you make yourself a clear list of what you are trying to establish and how you intent to establish it- what actual evidence do you have? But even before that you need to be clear about what you have been charged with. If need be google what it is the prosecution has to prove and figure out how to answer it.
 

Sarah Jane020

Active Member
3 June 2018
11
1
31
Hi Sarah
If you are trying to get the charges withdrawn before court you are not going to get far.
If it is listed for hearing it's the Magistrates job at first instance to hear the evidence from you and the Police and decide where to go next.
What have you been charged with- that is not even clear.
If you cant get a lawyer - not even legal aid - I suggest you make yourself a clear list of what you are trying to establish and how you intent to establish it- what actual evidence do you have? But even before that you need to be clear about what you have been charged with. If need be google what it is the prosecution has to prove and figure out how to answer it.
Hello Mary
Thank you for your reply
I do understand what your saying and I agree. I have been trying to get this matter listed for a hearing since September 2017
The matter has been adjourned by my previous lawyer 2 times as the police had provided no material at all and the prosecutor 3 times: I finally got a contest mention date that was in March 2018. The contest mention was adjourned by the judge as I had not been told about 4 additional charges the police had added somewhere along the way. They were trafficking and possession of cocaine and MD
I was never arrested I wasn’t charged and never was there a mention of any of these in my interviews
So with out any analysis or testing done how is it even possible for this to happen?!?
Needless to say it just added 3 month and another contest mention in June
The police are doing this intentionally so I do not get to provide the court the evidence I have as they will be in so much trouble
They are trying to make me give up and plead just to get my life back as I have lost everything I have but I won’t give up and I would rather be homeless and starving I have had 4 break ins at my house where my computers have been destroyed
I have reports from apple and google showing who has accessed my accounts and data and what they have tried to delete
I live in fear every day as they have a lot to lose and I’m not sure how far they will go to protect it
I mean they could walk into my house claim they thought I had a gun and shoot me no one will know any different and that’s why I am finally speaking up about it but can’t find any way to protect my self from this
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
So with out any analysis or testing done how is it even possible for this to happen?!?

What surprises you about that exactly? I have no illusions about the state of justice in Australia or the potential capacity of idiocy of police and the courts. If tomorrow i am walking down the street and get arrested and thrown in jail for some murder i have no idea about.... i will say, in Australia it is possible, but not other country like America where they actually care about evidence.