6 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
I'm not a solicitor ok? and I'm in QLD...so not real sure of victorian procedure.
have a read of this page:
since the alleged victim is young, have a read of this page
and this brochure might help too:
the brochure is for pretty minor offenses, ok? This thing might be pretty serious.
your question: should the parents/legal aid be able to see the evidence?
Yes - the police will have to give the defense a copy of whatever evidence they plan to use before a "HEARING"...but there will be plenty of "MENTIONS" before the actual hearing.
on that brochure on page 7 there is a flowchart. The kid has been charged (that puts you in the 2nd box from the top). the first Court date (just a "mention") has been set. Maybe you'll get a 1 page summary of the police case. (Won't get to see the actual evidence, just a police version of what they reckon).
If the kid keeps pleading "not guilty" without a doubt, the police will have to give the defense a copy of any evidence they are going to use. The defense will probably get it 2 weeks or a month before the "hearing".
Probably take a few months before the hearing.
Sometimes the police have hardly any evidence...maybe the CCTV is totally blurry...the kid might have to plead not guilty twice before the cops have to show it to the defense.....but maybe it shows really clearly who does what, pleading guilty early gets a lighter penalty/sentence...
I recommend the kid get a solicitor, or legal aid.
Did I answer your question?
I hope it helps
Gorodetsky 2016-03-09 21:59:01
I'm so glad you're seeking legal help.
It is a good idea to be getting a headstart. And trying to find stuff out.
However, you must not stress about this...OK? First time people get involved with court appearances they really stress out. I know I did. It's a normal reaction. But try not to stress out ok?
If the kid has no previous convictions, it's unlikely the penalty will be harsh. Also that it's a juvenile matter, probably won't be too harsh.
Keep in mind the kid is probably freaking out too. Tell them it is serious, but they'll be OK.
I wish you well.
I just started reading one of the links. What an absolute sexist society we live in. Read this small extract.
It is an offence to assault someone indecently while being aware that the person is not consenting or might not be consenting. Such an assault generally involves some form of inappropriate touching of the genital area or of a womanÃ¢â‚¬â„¢s breasts.
Once again it is always the man that seems to be the accused. I know what they are trying to say but the wording sucks. What if a woman was to touch a mans nipples? Is that ok?
Sorry, just a rant.
You found one instance of sexist legislation. There'd be plenty, and I'd guess, in total, more frequently to the detriment of females.
You really need to not get angry about that sort of stuff if you are going to assist this kid.
You need to think clearly, and not rant. The lawyer will be skilled at clear thinking and argument. Let them run this thing.
You have a meeting with legal aid next week. Great. Maybe sit with the kid and prepare a 1 page summary of what the kid says happens. Just write down facts. Do it in the order it happened. Just write bullet points.
Then put it aside and go take the kid and do something else. Go see a movie, go kick a ball. Get your mind off this. You don't need to stress. This might drag on for one month or maybe 12 months.
You don't have to get a law degree overnight.
I hope this helps