What to expect when facing a criminal charge
Facing a criminal charge can be one of the most daunting experiences of your life. Whether it’s a minor offence or something more serious, the New Zealand legal system can feel overwhelming if you’re unfamiliar with it.
Understanding what to expect and how to prepare for it can make a significant difference in navigating this challenging time.
When the Police suspect you have committed a criminal offence
If the Police believe you have committed a criminal offence, you may be arrested, given a summons to appear in court, or you may be formally charged after an investigation. If you are a suspect, the Police must inform you of your rights, including the right to remain silent and the right to speak to a lawyer. It is important to understand your legal rights during an arrest.
The Police may ask you if you would like to make a statement; it is best that you do not make any decision until after you have spoken to a lawyer. The Police have a list of on-call lawyers that you can speak to for free.
Always exercise your right to legal counsel before speaking to Police. Anything you say can and will be used as evidence. And contrary to what you think, speaking to a lawyer does not imply your guilt. You don’t have any obligation to assist the Police in their investigation.
Ensuring you have legal representation
You have the right to legal representation, and if you can’t afford a lawyer, you may be eligible for legal aid. Criminal defence lawyers play a vital role in reviewing the evidence, advising on the strength of the prosecution’s case, and negotiating outcomes where appropriate.
In some cases, early resolution (such as a plea deal) may be in your best interest, while in others it may be worth contesting the charge at trial. At Bloem Law, we can help you right from the start from when a charge is laid against you.
Appearing in court for the first time
Your first appearance will usually be in the District Court, depending on the severity of the charge you will likely be represented by a duty lawyer. They will help you apply for Legal Aid if you are eligible.
If you haven’t secured a lawyer by this point, the court may grant you an adjournment to get legal advice. Alternatively, you may have already organised private legal counsel or already have a Legal Aid lawyer. In this scenario, you’ll be asked to enter a plea: guilty or not guilty.
Depending on the offence, bail conditions may be discussed, and the judge will decide whether you can remain in the community while your case proceeds, or you might be remanded in custody.
Disclosure and the pre-trial process
Once you’ve entered a not guilty plea, the prosecution is required to provide full disclosure of the evidence they intend to rely on as soon as is reasonably practicable. There is no set time frame for when this must be provided, but it should be provided before your next court appearance. Full disclosure can include police statements, forensic reports, CCTV footage and witness statements.
The pre-trial process may involve:
- Case management conferences to ensure the case is ready for trial
- Case review hearings
- Pre-trial applications (e.g., to exclude evidence).
These steps are aimed at narrowing the issues and ensuring a fair and efficient trial process.
If your case goes to trial
If your case proceeds to trial, the burden is on the prosecution to prove the charge beyond reasonable doubt. You’re not required to prove your innocence.
Trials in the District Court can be heard either by a judge alone, or through a jury of 12 people.
You have the right to call witnesses, give evidence (though you don’t have to) and challenge the prosecution’s case through cross-examination.
What happens during sentencing
If you are found guilty or plead guilty, the court will move to sentencing. The judge considers:
- The seriousness of the offence
- Your personal circumstances
- Whether you show remorse or have engaged in rehabilitation
- Any previous criminal history
Sentences range from discharge without conviction, community-based sentences (like community work or supervision), to imprisonment for more serious cases.
You may also be eligible for diversion or discharge without conviction in minor cases, especially if it’s your first offence.
How Bloem Law can help
Facing a criminal charge in New Zealand is serious, but you are not without rights and support. The justice system, while complex, is built on principles of fairness, due process, and the presumption of innocence.
The most important step you can take is to get legal advice early. Remember that at all stages of the criminal process, until you have entered a guilty plea or are found guilty, you are entitled to the presumption of innocence. Having professional representation, knowing your rights, and understanding the process, can make all the difference in how your case is resolved.
At Bloem Law we take on all cases big and small, and no case is unimportant, because your life and your future matters. If you’re facing a criminal charge, get in touch with our team and we will make a detailed plan on how we can deal with the situation together.