OUR EXPERIENCE, ON YOUR SIDE
Wayne McKean and his criminal law team are highly skilled and are committed to achieving the best possible outcome for their clients. Wayne has represented clients facing criminal charges in all Courts, including the Supreme Court and Court of Appeal.
Facing criminal charges can be a stressful or downright scary time. Our team is driven by a deep commitment to the principles of a person’s right to a fair trial, and ‘innocence until proven guilty’. No matter your circumstances, we will work closely with you to ensure we understand your situation, and provide reassurance that we will achieve the best result in the circumstances. We will explain the process to you and help you understand what will happen next.
Our defense team has successfully defended clients across the spectrum of offences and courts, including traffic and drink driving offenses, trauma related charges, domestic violence, drugs, fraud and dishonesty offending, sexual offences, murder and manslaughter.
If you or your whanau are facing any kind of criminal charge or involvement with the Police, please contact our team today for support. While there are costs associated with engaging a lawyer, you may qualify for legal aid which will pay your legal fees.
Do the police want to speak to you?
If you are regarded by the police as a suspect you must speak to a lawyer before you speak to the police. There are two reasons the police may want to speak to you. First, because you may be a witness. Second, because you may be a suspect.
If you are unsure about the reason the police wish to speak to you, you must speak to a lawyer first. If the police start their questioning of you with advising you of your rights, then that means you are a suspect. If police advise you of your rights, don’t answer their questions until you have spoken to a lawyer. If you are a suspect, you must always speak to a lawyer before speaking to the police. That is because your answers will get you into trouble. Even if you believe you have done nothing wrong, your answers could still get you into trouble. And do not “make a deal” with the police.
Are the police carrying out a search of your property or seizing your property?
NZ law gives the police powers in certain circumstances to search property and seize property. Any police search must be carried out under a particular search power, and the police must comply with certain requirements to exercise the search power. In the main, police must have a search warrant to carry out a search of a home. If your property is being searched or your property is being seized by the police you must contact a lawyer. You must not talk to the police before you speak to a lawyer. Anything you say to the police during the search is likely to get you into trouble. That is why you must speak with a lawyer before you say anything to the police. If you are stopped or detained by the police you have a right to speak with a lawyer immediately. You must exercise that right so that you don’t risk making your situation worse. It is not a good idea to attempt to obstruct police when they are carrying out a search, or a seizure of property.
What should you do if you have been charged with an offence?
It is important to get legal advice immediately on what to do when you have been charged. Therefore, you must contact a lawyer straight away. Do not talk to the police or to anyone about the reasons why you believe you have been charged. Even if you have been wrongly charged, or unjustifiably charged, speak to a lawyer straight away. You could be entitled to legal aid. A lawyer will tell you about that. Court cases are tricky and you need a lawyer who knows what they are doing. You might have a defence that you do not know about. You may be able to mitigate the consequences of being charged by getting a good lawyer.
Are you about to lose your Driver’s licence for excess demerit points?
Contact a lawyer as soon as you know you are about to lose your Driver’s licence because of demerit points. It is important that work is done promptly to alleviate the hardship that will come from losing your Driver’s licence. Contacting your lawyer straight away will help reduce the time and hassle that comes from the loss of your licence.
What are your rights when stopped by the police on a routine stop?
Only a police officer in uniform or wearing a distinctive hat can stop a motor vehicle. If you are the driver of a motor vehicle, you must give your Driver’s licence to the police officer if they ask for it.
If the police officer asks for other identifying information, you need only give your name, address, date of birth and telephone number; and also, if requested, give details to enable the registered owner of the vehicle to be identified. You must remain stopped for as long as reasonably necessary for the officer to do their job. If you are a passenger of a motor vehicle, police are only allowed to ask for your details if they have reasonable grounds to believe you are committing an offence or aiding the commission of an offence. If you have doubts about your rights, call a lawyer. Police are required to offer one free of charge.
Can you get legal aid to help you pay for your lawyer?
There is no getting around the fact that quality legal representation for those facing criminal charges can come with a significant cost. However, you may qualify for legal aid, which will pay your legal fees to defend the criminal charges made against you. Ask us about whether you may be eligible and how to apply for legal aid.
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