Who decides which prison you go to?

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#1046268 16-May-2014 13:37

johnr:
muppet: I think Ben Dover and Tay Kit decide which prison, don't they?

excuse while I pi$$ myself laughing

I agree. Award for the quote of the day goes to muppet!

Lazy is such an ugly word, I prefer to call it selective participation

Fred99

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#1046270 16-May-2014 13:48

queenstown: Well i did get busted for cultivation before.This time i got caught with 7 $50's and $300.And i told them i bought an ounce a week since march Im unemployed but when they asked where i got it from i told them i got money of my mum.Really dont want my mum to find out she spent money on my lawyer before.Now im just going to legal aid it.

Do talk about this with your mum - it's not possible that she won't find out anyway.
Apart from that, the best advice I can offer is to get a job if you can - any proper job - but make sure your boss knows what is going on. Work like hell for peanuts - and do whatever you can to get on with your boss.
I don't want you to go to prison - and sincerely hope you don't.
I have no idea on earth why you'd have volunteered to police about "buying an ounce a week". You need to talk urgently with a lawyer about the circumstances under which you made that confession or statement - as I expect that is the single thing they'll have which could see you face a custodial sentence.
Real criminals - the ones I would be happy to see go to prison - would never do such a thing.

MikeB4

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#1046272 16-May-2014 13:54

You are probably up the creek with out a propulsion unit with this event.

but a tip for the future.....

Don't do crime, stay away from drugs and you will never have this problem, it is so easy really.

Here is a crazy notion, lets give peace a chance.

johnr

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#1046291 16-May-2014 14:17

scuwp:
johnr:
muppet: I think Ben Dover and Tay Kit decide which prison, don't they?

excuse while I pi$$ myself laughing

I agree. Award for the quote of the day goes to muppet!

Legend!

Fred99

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#1046309 16-May-2014 14:45

KiwiNZ: You are probably up the creek with out a propulsion unit with this event.

but a tip for the future.....

Don't do crime, stay away from drugs and you will never have this problem, it is so easy really.

With 15% of the NZ population "using", proving half a century of prohibition to be an abject failure - except for allowing serious organised crime syndicates to prosper - I find myself feeling far more empathy with the OP and his predicament than I do with some of the comments posted in this thread by people who seem to enjoy seeing something very unpleasant about to happen - which won't make one iota of positive difference to the "goodness" of society in general, but will be a lifelong impediment to the OP's future.

MikeB4

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#1046317 16-May-2014 14:54

Fred99:
KiwiNZ: You are probably up the creek with out a propulsion unit with this event.

but a tip for the future.....

Don't do crime, stay away from drugs and you will never have this problem, it is so easy really.

With 15% of the NZ population "using", proving half a century of prohibition to be an abject failure - except for allowing serious organised crime syndicates to prosper - I find myself feeling far more empathy with the OP and his predicament than I do with some of the comments posted in this thread by people who seem to enjoy seeing something very unpleasant about to happen - which won't make one iota of positive difference to the "goodness" of society in general, but will be a lifelong impediment to the OP's future.

Personal choices. The situation did not need to occur. It is so easily avoided.

Here is a crazy notion, lets give peace a chance.

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BTR

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#1046320 16-May-2014 14:57

By the sounds of it you blew your first chance. I am sure if you please guilty and apologise to the judge he may give you a second chance. IF you get a second chance, take it and run with it, DON'T screw it it, take the opportunity to make something of yourself. We all make mistakes, its how we deal with them that counts.

Also tell your mum, yes it will probably hurt her but once again apologise and explain that you will do what ever it takes to put it right.

MikeAqua

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#1046341 16-May-2014 15:22

I would add two other suggestions: -

1) Get a lawyer to approach the cops and see if they will reduce the charge to possession for personal use in exchange for an early guilty plea.
2) Get some treatment for drug use. This is evidence of you seeking to change your behaviour, and under current law you do need to change. You now have a 'stop and search' target painted on you.

Mike

dejadeadnz

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#1046420 16-May-2014 17:07

queenstown: Well i did get busted for cultivation before.This time i got caught with 7 $50's and $300.And i told them i bought an ounce a week since march Im unemployed but when they asked where i got it from i told them i got money of my mum.Really dont want my mum to find out she spent money on my lawyer before.Now im just going to legal aid it.

For people saying that you are likely to get diversion, here's a simple piece of truth: no way... not with your record.

I really would not suggest a legal aid lawyer. If you don't ultimately defend the charge and decide to plead guilty after PROPER ADVICE, it shouldn't cost more than a few grand (say 3 to 4K - if that) to have a good lawyer do your pleas in mitigation. The lawyers from the public defenders service can be okay but the quality is variable. Private legal aid lawyers (especially the ones in the larger cities) can be shockingly bad. In the smaller towns, however, a lot of private legal aid lawyers can actually be quite good but you must ask around for the right one. People often think that having some really robust, 'fight everything' defence lawyer works well for them because they SEEM to be going into battle for you all guns blazing. Wrong. As someone who has been on the other two sides of the fence (prosecuting and working for the judiciary), nothing annoys the prosecution and judges more than people who seek unrealistic outcomes or just have plain annoying people as lawyers.

Based on your description here, I don't think you're staring down jail but be prepared for community detention or home detention (with HD you are likely to be confined at home for longer during each day). As for some of the people kind of rubbing it into the OP, I tend to agree with Fred99. Prohibition really hasn't gotten us very far and whilst the OP isn't very clever, there's really little utility for society in him going to jail. Take up MikeAqua's suggestions too and fix up your addiction issues before you get a free stay at the Queen's expense.

queenstown

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#1046476 16-May-2014 18:32

Yeah got way to drunk.Accidentally said okay to getting filmed as i had like 10 drinks on an empty stomach in 2 hours.They said based on what you said on the video we now have enough evidence to charge you with possession with intent.

andrewNZ

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#1046483 16-May-2014 18:43

While I don't support your actions at all, I'm frightened by the concept of someone being convicted of a crime based on something they said while very drunk. People say all sorts of crazy things drunk. If the words were backed up by actions, that'd be a different story.

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dejadeadnz

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#1046505 16-May-2014 19:23

queenstown: Yeah got way to drunk.Accidentally said okay to getting filmed as i had like 10 drinks on an empty stomach in 2 hours.They said based on what you said on the video we now have enough evidence to charge you with possession with intent.

Based on what you are saying here (and obviously I am not in anyway saying your view of things is necessarily correct), it is all the more important that you go and speak with a competent defence lawyer. Do you need some help in locating one? I have no axe to grind and will happily ask around my professional circles for advice if you tell me which city you live in and which District Court currently has charge of your case.

Geektastic

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#1046758 16-May-2014 23:20

gjm: I think you'd have more to worry about if you were riding a quad bike on a farm without a helmet on.

Certainly that would be more of a risk to your health!

Geektastic

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#1046759 16-May-2014 23:24

Fred99:
Geektastic:
Fred99:
Geektastic:
lokhor:
Sidestep:
lokhor: Unless he is of Maori descent, in which case he is pretty well screwed.

http://www.stats.govt.nz/browse_for_stats/snapshots-of-nz/yearbook/society/crime/corrections.aspx

That's not bias in the courts though.
It's a reflection of societal problems that have young Maori over represented in appearances before the courts in the first place.

You are wrong:
http://www.corrections.govt.nz/__data/assets/pdf_file/0004/672574/Over-representation-of-Maori-in-the-criminal-justice-system.pdf

When self-reported offending (and social background) was held constant,
Māori offenders appeared still to be twice as likely to be subject to Police attention,
relative to non-Māori offenders.

A more recent analysis of the same sample, now aged 21, indicated a smaller but
similar effect related to arrest and conviction for cannabis use. This study examined
the associations between the self-reported use of cannabis, and arrest and
conviction for cannabis related offences. Independently of self-declared cannabis
use, Māori were more likely to be arrested and convicted for cannabis use. Previous
police record, self-reported crime, and being male also increased the likelihood of
arrest and conviction. Fergusson et al found this “consistent with a labelling theory
perspective”.

It also shows that Maori are more likely to be imprisoned, rather than receive monetary fines or home detention.

That's probably because the ones in question usually have no money and/or cannot be trusted with home detention.

Speaking of money, I'd wager that there would be a similar correlation between "wealth" and imprisonment rates as there is with "ethnicity".

Section 8(i) of the Sentencing Act was apparently supposed to address the imbalance, but of course because it can't discriminate based on ethnicity or wealth, in practice it's of much more use to rich kids (of any ethnicity) with expensive lawyers arguing their case than it was ever going to be for any socially disadvantaged group.

Being rich has advantages, otherwise who would bother making the efforts required to get there?

Being born advantaged has considerable benefit too, as it considerably reduces the efforts required to become rich. With almost every measure of "success", the strongest correlation is having wealthy parents. Of course we love the exceptions, rags to riches stories as well as seeing the rich fall hard are immensely popular.
So you either accept that "as the nature of things", deny it (which isn't a credible position to take - despite being a disturbingly widely held opinion these days), or try to do something about it.
"Dong something about it" usually involves wealth redistribution and or sometimes "positive" discrimination - and is often vehemently opposed by some who have become rich, this may undeniably be through their own hard work, and they could rightly see this discrimination against themselves as somewhat "unfair".
I suspect the default position is that most (reasonably well-off) people quietly accept this as the nature of things, but make some concessions which at face value might seem offer solutions (to makes ourselves feel better?), but in reality have never really achieved much at all. If we keep doing what we've always done, we're going to keep getting what we've always got.

I'm very happy to accept the status quo and to maintain it if at all possible. I'd like nothing more than a village or two of villeins on my land tending to crops and paying me rent!

kiwitrc

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#1046786 17-May-2014 01:01

andrewNZ: While I don't support your actions at all, I'm frightened by the concept of someone being convicted of a crime based on something they said while very drunk. People say all sorts of crazy things drunk. If the words were backed up by actions, that'd be a different story.

This is something that I have thought about, if you say you did xyz which is then used against you, when you also say you didnt do it, why is the incriminating option always seized upon? In my view they should cancel out, or at least sober option trumps boozed option.

@Queenstown, there is some very good advice in this thread, use it. Hopefully you don't go to prison, I would prefer to see my tax money going towards something useful like getting life saving operations for sick kids or a training school for Geektastics serfs.

Although I have no time for the crap, its about time we decriminalised dope in NZ.

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