What to Expect From a Criminal Lawyer in New Zealand

First Contact: When You're Arrested or Interviewed

What happens in the first hours is critical to your case.

What to Do

1. Stay calm: Don't resist or argue with police
2. Provide basic details: Name and address as required
3. Invoke your rights: "I want to speak to a lawyer before answering questions"
4. Contact a criminal lawyer: Many have 24/7 urgent lines
5. Don't discuss your case: Not with police, cellmates, or on the phone

How Your Lawyer Helps at This Stage

• Advises whether you should answer questions
• Can be present during police interviews
• Ensures police follow proper procedures
• Begins building your defence immediately
• Arranges bail application if needed

The Bail Process

If you're held in custody, getting bail is the first priority.

Police Bail

For less serious offences, police can grant bail at the station with conditions. Your lawyer can argue for reasonable conditions.

Court Bail

For serious charges, you'll appear in District Court within 24 hours (or next court day):

• First appearance: Charges read, bail addressed
• Prosecutor's position: Police may support or oppose bail
• Your lawyer's arguments: Why you should be released
• Judge's decision: Bail granted with conditions, or remanded in custody

Common Bail Conditions

• Reporting to police station regularly
• Living at an approved address
• Curfew (must be home during certain hours)
• No contact with certain people (victims, witnesses)
• Surrendering passport
• Not using alcohol or drugs
• Electronic monitoring (ankle bracelet)

If Bail Is Opposed

When police oppose bail, your lawyer will:

• Request a defended bail hearing (usually within 3 days)
• Prepare arguments addressing prosecution concerns
• Gather supporting evidence (accommodation, employment, character references)
• Argue at the hearing for your release

Police Disclosure

Disclosure is the evidence police have gathered. It's crucial for your defence.

What Disclosure Includes

• Summary of facts (prosecution's version of events)
• Witness statements
• CCTV footage
• Forensic reports (DNA, fingerprints, drugs analysis)
• Your interview recording (if applicable)
• Photographs and physical evidence
• Phone records or digital evidence
• Expert opinions

What Your Lawyer Does With Disclosure

• Reviews everything: Thoroughly examines all evidence
• Identifies weaknesses: Gaps, inconsistencies, procedural errors
• Assesses strength: How strong is the case against you?
• Requests more: Demands any missing material police should disclose
• Advises on plea: Whether to fight or negotiate
• Plans defence strategy: How to challenge the evidence at trial

Timeline for Disclosure

Police should provide initial disclosure within weeks of first appearance. Full disclosure must be provided before trial. Delays in disclosure can be grounds for adjournment or case dismissal.

Plea Options Explained

After reviewing disclosure, you'll need to decide how to plead.

Guilty Plea

• You admit the charge(s)
• Proceeds directly to sentencing
• Usually results in reduced sentence (up to 25% credit for early plea)
• May be appropriate when evidence is strong
• Can sometimes negotiate to plead to lesser charges

Not Guilty Plea

• You deny the charge(s)
• Case proceeds to trial
• Prosecution must prove case beyond reasonable doubt
• You have right to jury trial for serious offences
• No sentence discount if convicted at trial

Charge Negotiation

Sometimes your lawyer can negotiate with prosecution:

• Reduce charges: Plead to lesser included offence
• Withdraw charges: If evidence is weak
• Diversion: For first offenders on minor charges
• Agreed facts: Limit what prosecution alleges in summary

Trial Preparation

If you plead not guilty, your lawyer prepares your defence for trial.

What Your Lawyer Does

• Defence strategy: Identifies the strongest arguments
• Witness preparation: Interviews and prepares your witnesses
• Expert evidence: Engages experts if needed (forensic, medical, etc.)
• Legal research: Researches relevant case law and legislation
• Cross-examination: Prepares to challenge prosecution witnesses
• Your testimony: Prepares you if you choose to give evidence
• Written submissions: Legal arguments on key issues

Pre-Trial Hearings

Before trial, there may be hearings about:

• Admissibility of evidence (can certain evidence be used?)
• Section 344A application (application to exclude evidence)
• Suppression orders (protecting your name or details)
• Witness issues (video link, screen, anonymity)
• Case management (trial dates, timing, logistics)

Trial Timeline

Stage	Timeframe
First appearance	Within 24 hours of arrest
Initial disclosure	2-4 weeks
Plea date	4-8 weeks
Trial (summary offences)	3-6 months from plea
Trial (serious charges)	6-18 months from plea

At Trial

Understanding what happens at trial reduces anxiety.

Judge-Alone vs Jury Trial

• Judge-alone: For less serious charges, or by election for some offences
• Jury trial: Right for offences with maximum penalty 2+ years imprisonment
• Election: You can sometimes choose jury or judge-alone

Trial Process

1. Jury selection (if jury trial)
2. Prosecution opening: Outline of their case
3. Prosecution evidence: Witnesses called, documents presented
4. Defence cross-examination: Your lawyer questions their witnesses
5. Defence case: Your witnesses (including you if you choose)
6. Prosecution cross-examination: They question your witnesses
7. Closing addresses: Both sides summarise their case
8. Verdict: Judge or jury decides guilty or not guilty

Your Lawyer at Trial

• Presents your defence clearly and persuasively
• Cross-examines prosecution witnesses to expose weaknesses
• Objects to improper evidence or questions
• Guides you through giving evidence (if applicable)
• Makes legal submissions to the judge
• Addresses the jury (if applicable)

Sentencing

If you plead guilty or are convicted, sentencing follows.

Your Lawyer's Role in Sentencing

• Pre-sentence report: May request or review probation report
• Mitigating factors: Argues reasons for leniency
• Character references: Gathers positive references
• Sentencing submissions: Argues for appropriate sentence type and length
• Alternative sentences: Proposes community-based options where appropriate

Possible Sentences

• Discharge without conviction
• Conviction and discharge
• Fine
• Community work
• Supervision
• Intensive supervision
• Community detention (home detention)
• Imprisonment

Costs and Legal Aid

Criminal defence can be expensive, but help is available.

Private Lawyer Costs

Matter Type	Typical Cost Range
Minor charges (guilty plea)	$2,000-5,000
Defended hearing (judge-alone)	$10,000-25,000
Jury trial	$25,000-100,000+
Serious charges (murder, sexual)	$50,000-250,000+

Legal Aid

You may qualify for legal aid if:

• Your income and assets are below thresholds
• The charges are serious enough
• You have a reasonable defence

Legal aid covers lawyer fees but you may need to repay some costs from any assets.

Public Defender Service

For some cases, you may be assigned a public defender at no cost.

Questions to Ask Your Criminal Lawyer

1. What is your experience with charges like mine?
2. How strong is the evidence against me?
3. What are my realistic options?
4. Should I plead guilty or fight the charges?
5. What sentence am I facing?
6. What will it cost?
7. Do I qualify for legal aid?
8. How will you keep me informed?
9. Who will handle my case day-to-day?
10. What should I do (or not do) while on bail?

Working With Your Lawyer

What They Expect From You

• Honesty: Tell them everything, even unfavourable facts
• Communication: Keep them informed of changes
• Compliance: Follow bail conditions strictly
• Attendance: Appear at all court dates
• Payment: Pay fees as agreed
• Trust: Follow their professional advice

Red Flags

• Guaranteeing acquittal (no one can)
• Suggesting you provide false evidence
• Not explaining options and consequences
• Being unreachable when you need them
• Pressure to plead without seeing disclosure