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Plea In Mitigation

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Do you want to do your own speech or "plea" in Court? 

 

This is a fairly old fashioned term but it is the term we give to the argument or “plea” that your lawyer or yourself can put up to the Court before you are finally sentenced for an offence.

 

Most pleas in mitigation are presented orally by yourself or your lawyer although you are entitled to put any written material before the Court that you might think is relevant.

 

If you have been found guilty of an offence, or if you have pleaded guilty to an offence then the Court will want to hear all of the relevant circumstances relating to the type of penalty that should be imposed.

 

You should always put a great deal of work into any plea in mitigation because a well prepared and good plea in mitigation can work wonders.

 

If you are charged with a relatively minor offence then a good plea in mitigation might mean that you can get discharged without conviction and, possibly, your name suppressed.

 

For a more serious offence then a good plea in mitigation might stop you going to prison.

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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"I found all your criminal law topics fascinating. I may become a criminal myself just to use your site. Nah, only joking but I liked Self Defence, Citizens Arrest and Drink Driving and Demerit Points.

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I think that Home Detention is a bit of a sop. Either you go to prison or you do not! I think it is almost like getting off! Mike H - Wellington"

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"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

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"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
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"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

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"I was roughly treated at a Police interview. One cop did hit me. It was not that hard but he banged me on the top of the head and yelled that he wanted the truth. It does happen . . not as bad as you see on TV but it does happen. Kevin - North Shore"
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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)
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"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
"

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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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