QLD Son Dealing with Four Criminal Charges - What to Do?

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10 March 2016
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My son has four criminal charges held against him, the police did not seek witness statements until after we contested the case and requested a QP9, there are many discrepancies in the witness statements (obtained two to three months after the incident date).

The charges are:

1: Dangerous operation of a vehicle:
2:Common Assault:
3: Wilful damage:
4:Going armed so as to cause fear:

The police prosecutor offered a deal that if he pleads guilty to 1. and 4, they would drop charges on 2 and 3. We believe they have come to this conclusion due to lack of evidence and confusing witness statements
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At first we went by the lawyer's suggestion to accept the plea, but after thinking about it and hearing some advice from another legal identity, we changed from the plea and asked to go to trial.

The lawyer is not real happy about the situation and has stated he won't question the prosecutor on many areas we believe should be brought forward and said if we were not happy with his approach, he would find a lawyer that would do as we ask.

My thoughts are that if they are willing to drop two charges, then why keep two, is my son innocent or guilty, a plea of guilty to the two charges is in my way of thinking accepting defeat due to their incompetence.

The two they are willing to drop centre around the fact that the victims motorcycle helmet was damaged by my sons alleged 5 or 6 bare hand punches to the helmet (we have a doctors statement and photos, that his hands suffered no such damage as would be expected of such an occurrence).

The motorcycle rider has admitted to starting everything that happened, and he assaulted my son and myself, yet the police predetermined my sons guilt immediately due to the fact that he had self harmed himself with a knife.

There is a lot more to this with many discrepancies including no drug/alcohol testing and the motorbike rider being aloud to leave the scene because the media showed up (and he didn't want to face them) his statement was not taken until the next day.

My son is aware that it could all go bad, but we honestly feel he should not be charged on any of the counts when all the facts and the "victims" actions are taken into account.
 

Iamthelaw

Well-Known Member
13 September 2016
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The lawyer is not real happy about the situation and has stated he won't question the prosecutor on many areas we believe should be brought forward and said if we were not happy with his approach, he would find a lawyer that would do as we ask.

That right there would normally cause one to seek a second opinion.

One of the duties of a lawyer to their client is the duty to follow a clients lawful, proper and competent instructions. Having said that, perhaps some of the things you've pointed out and wish to raise would place you at a strategic disadvantage or your lawyer wouldn't be allowed to ask your suggested questions during the course of a trial for example (I don't know without the information). However, a client should expect to be told reasons why their suggested issues/questions they wish to raise wouldn't work rather than saying go elsewhere.

Obviously I can't give you advice on whether you should contest the charges or accept the deal offered and plead guilty. Your points regarding motorcycle helmet damage from bare first punches, the other person starting it and leaving the scene all seem valid - But again, we don't have all the facts. Perhaps if you're having serious doubts about the advice that is being offered to you, perhaps you should seek another opinion - You should be doing so prior to entering any plea.
 

Gorodetsky

Well-Known Member
21 February 2016
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Hi EEF,

It's a serious situation. You really ought seek different legal representation. If a solicitor doesn't do what you want and won't explain it you have a problem.

If the prosecution is faced with a rubbish case, they sometimes overcharge and seek pleas. They aren't meant to entertain any charge without sufficient evidence, but they do. The trick to getting pleas is to ramp up the pressure. If you call the bluff they may well drop all the charges on the day of the hearing.

But don't take my suggestion, go tell the whole story to an experienced solicitor.

Regards