Criminal Law

Jason is  regularly instructed to act for clients facing allegations of crime. He has appeared on a range of criminal charges including: 

  • Murder, Manslaughter
  • Supply, import, manufacture of class A drugs
  • Violence offences
  • Sexual violation
  • Aggravated Robbery
  • Kidnapping
  • Firearms offences
  • Fraud

 

Jason is available for instruction, across all Courts in Auckland.

EFFECTIVE REPRESENTATION

Before you are charged the Police will question you at the Police Station. It is your right to remain silent and speak to a lawyer without delay.

After being charged with a criminal offence you have several options for legal representation:

  • Community law centre
  • Duty lawyer
  • Legal aid assigned lawyer
  • Private lawyer
 

For free initial advice it is common to speak with your local community law centre including the citizens advice bureau. 

Duty lawyers are experienced lawyers who represent clients on  assigned rotation. If your matter is minor, it may be able to be resolved through a duty lawyer at no charge. 

You may also be eligible for Legal Aid. Legal aid is usually free of charge or given on agreement of repayment. You are automatically assigned  to a legal aid lawyer unless the matter you are faced with is sufficiently serious, you will then be able to select your own lawyer through legal aid.

Private representation is where you instruct your lawyer privately and come to an arrangement on payment.

AREAS OF PRACTICE 

Jason appears regularly for clients seeking bail at the District Court. He understands many difficulties you may face when you are faced with a difficult bail opposition and he will ensure all evidence is heard before the courts to ensure a successful bail application.  

Tips:

  • There are different types of bail including police bail and court bail. Police bail is granted from the police station. The conditions of this bail becomes void when you move to court bail
  • adhering to your bail conditions is a must. A breach of bail may jeopardise your success with your original charge/s.
  • Carry your bail bond in person as it becomes useful should you ever be approached by the police.
  • If you are refused bail on your initial application you may apply for electronic bail or you may appeal. Electronic bail is strict and involves electronic monitoring through a bracelet around your ankle. 

Jason has appeared for parole applications and has achieved an estimated 80% success rate.  He is capable of advancing your parole application with confidence and is available to accept private instructions and legal aid instructions for parole

Trials can be very daunting and stressful. Jason has been involved in a number of high profile trials and is available to accept private instructions  and through legal aid.

Jason has experience in dealing with appellant matters. After losing a case you have the option to appeal within 28 days. Jason is available to accept private instructions or on legal aid.

 

It may be the case that you want your matter to end as quickly as possible. Jason has appeared for numerous sentencing matters and achieved favorable and timely outcomes. 

TYPES OF OUTCOMES

If you have been charged with a criminal offence you are at risk of having a conviction entered against your name.

There are 3 main ways to avoid a conviction:

  • Win the case (not guilty or the charge withdrawn)
  • Be granted diversion
  • Be discharged without conviction


These options depend on the strength of evidence against you, the seriousness of the charge, and your personal circumstances.

If you want to defend your charge you plead not guilty.

The usual process then is to try to have the charge withdrawn by police prior to the hearing and there is usually a specific court event for these negotiations.

If that fails then you will appear before a Judge along with the witnesses.

If you win then no conviction is entered against your name.

If you lose – the sentence you receive will be more severe than if you plead guilty earlier.

I’ve successfully defended charges across the spectrum of criminal cases from domestics to possession of weapons and interfering with motor vehicles.

Diversion is a scheme run by the Police.

It is entirely at their discretion and as such they have no obligation to grant you diversion and you have no right to receive it.

It is intended to keep charges off the criminal records of first offenders.

It is usually offered to first offenders if the charge is relatively minor, for instance shoplifting.

I have successfully obtained diversion for clients who have had diversion before and even clients who already have a record.

The process usually involves an interview with a diversion Sergeant at which point you express remorse and satisfy the Officer that you have learned your lesson.

There are usually some steps to take such as a letter of apology or payment of reparation.

If you have been declined diversion there are steps that can be taken.

Feel free to contact me if you have issues with your diversion.

A discharge without conviction means the conviction is not entered on your record.

It is technically possible to receive a discharge without conviction on any charge, though the more serious the charge the harder it is.

The basic test is – do the direct and indirect consequences of the conviction outweigh the seriousness of the offence.

Evidence must be provided to give weight to any claims – e.g. simply stating it will affect work, travel, life etc.. is rarely sufficient and supporting documentation is required.

I have successfully represented clients on discharges without conviction on a range of cases including assault, drugs, drink driving and many other charges.

If you would like to discuss your case please contact me and have paperwork on hand if possible.

Book a Consultation for your case

Contact to book an initial consultation for your case or call in for a free initial discussion.

Criminal Law was last modified: May 15th, 2020 by Jason Yang