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Resisting a Police Officer, Offensive Language, Not Providing Name or Address

Discussion in 'Criminal Law Forum' started by John Smith68, 20 June 2014.

  1. John Smith68

    John Smith68 Member

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    I'm interested in some thoughts on how I should proceed....

    Last night I was travelling home on a train from a work function. I had been drinking.
    At Sydney Central train station around 11:30PM I was approached by two police officers and asked for my train ticket. I was with a friend and I believe that they approached us because they believed we were trying to push through a ticket barrier without a valid ticket - we both had valid tickets and were not trying to push through a ticket barrier. I provided my ticket to the officer when asked and when I asked for it back the officer who held the ticket refused. He then proceeded to ask me further questions and I continued to ask for my ticket back. Eventually I swore in frustration saying that ticket I gave you is worth $400 f****** dollars can you please return it. At this point I was physically restrained and asked for my name and address. I continued to refuse to answer them until they returned my ticket. In absolute frustration I broke free from how I was being held and was then thrown to the ground and handcuffed. I was taken back to the police station and detained for 3 hours whilst they processed the charges listed: Resisting a police officer, offensive language and not providing name or address

    The ticket has not been returned to me still. There is CCTV footage that I haven't yet seen.

    So today I've spoken to a few different criminal lawyers. From what I can gather I'm going to be up for a couple of grand in fees if I plead guilty or 4+ thousand in fees if I plead not guilty.

    To me this seems like a pretty silly situation. How do you believe the magistrate will view the situation? Would I be foolish to try to represent myself? Am I likely to get a criminal record?
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi John,
    Did any of the lawyers you spoke to give you an idea of - in their experience - the likelihood of the magistrate finding it appropriate to have a criminal conviction recorded against you?

    I think it would be in your best interests to have a criminal lawyer represent you - that's their field of expertise and they can assist to get you the best outcome. You can have a look at this NSW Government 'Self representation' page that sets out some key considerations if you're contemplating representing yourself.
     
  3. Tim W

    Tim W Lawyer

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    1. Given that it's not just about the ticket,
      you would benefit from proper legal advice,
      and proper representation in court.

    2. Yes, you could end up with a criminal record.
      Your best chance of avoiding that
      is with the help of a lawyer.

    3. Don't let your (obvious) resentment of the situation
      cloud your thinking (yes, that's quite difficult!)
     

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