I have a couple of questions, my ex has been charged with murder, he is currently in jail. They also then charged me

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Customer: I have a couple of questions, my ex has been charged with murder, he is currently in jail. They also then charged me with accessory after the fact. For some reason we have to stand in the dock together, I did a little bit of research and there is a few reasons that we should be separated. The main one being that it results in an unfair trial for myself because I'm standing there with an accused murderer. Is this correct? I thought the only times they make multiple people stand together is if they are co=offenders, which we are not because I hadnothing
JA: What state are you in? It matters because laws vary by location.
Customer: Auckland NZ, sorry it sent before I had finished the sentence. I was not involved in the crime at all
JA: What steps have you taken so far?
Customer: I have a lawyer but I feel like he is not representing me well. I just want to know if an application should have been made to separate us
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have 2 other questions, should I wait to be connected with the lawyer, or tell u first?
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

It is possible to apply for your trial to be severed from the murder trial, but if you are charged as an accessory to the crime, it is possible that the judge will decide that it is more efficient to have a joint trial. You would need to discuss the options with your lawyer.

Customer
Hi, I wasn't involved in the crime at all. They have just charged me with knowing about it after the fact.
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Chris The Lawyer, Expert

I assume that is your defence but it may not be easy to sever your case. Did you have some connection with the alleged murderer?

Customer
He is my ex partner, rhe1
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Chris The Lawyer, Expert

I understand why you don’t want to be tried with him. Your lawyer will need to make a case to sever your trial on the grounds of prejudice to you

Customer
They actually have no evidence to even base my charge on. His picture was all over the news, if I'm standing next to an alleged murderer, it dosnt look good for me and disrupts my right to a fair Trial. The actual crime has nothing to do with me, I saw my ex the day after it had happened
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Chris The Lawyer, Expert

It does appear unusual you have been charged but I assume the police interviewed you and don’t believe you.

Customer
I made no statement at all.
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Chris The Lawyer, Expert

Have you seen the police disclosure as yet?

Customer
My lawyer thinks maybe they want to use my charge as leverage to make a deal with my ex. I don't understand why my lawyer hasn't even mentioned anything about us being up there together, I thought that a good lawyer would have at least try to separate us.
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Chris The Lawyer, Expert

The evidence linking you (if there is any) should be in the disclosure

Customer
I've seen the disclosure, it's incomplete, which brings me to my next question. They have a supposed witness, who instigated this crime, he has already made 4 completely different statements, and is completely unbelievable. Can they use this witness on the stand, if it's clearly obvious that he is completely unreliable
Customer
There is no evidence at all, no statement, no cell ph records, nobody even saying that I knew about it. They know I wasn't there at all.
Customer
I know u don't have all the info, but as a lawyer, wo
Customer
Would u have tried to separate us
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Chris The Lawyer, Expert

I probably would apply for severance

Customer
far, I've seen nothing....they are just saying that I must have known, I was the one that spoke to a lawyer who organized for him to hand himself into the police, they were searching for him for a week, I thought that would have looked good for me considering they only caught him because i convinced him to give himself up.
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Chris The Lawyer, Expert

The case against you appears to be based on suspicion rather than evidence

Customer
They have evidence from a member of the public, and road camera footage proving I wasn't there at all
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Chris The Lawyer, Expert

It is possible to apply to the court to dismiss the charge if the evidence is very thin

Customer
Qk thanku so much for answering my questions, I will be applying for a new lawyer because he should have made the submission to dismiss and separate at least. I feel like I have to sort everything out myself, he dosnt even answer my calls most of the time
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Chris The Lawyer, Expert

That is unfortunate and I hope you find someone more compatible

Customer
Sorry I forgot to ask if the prosecution will use a witness that has made 4 different statements and absolutely cannot be relied upon. other than ballistic report, the whole case is based on what he says
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Chris The Lawyer, Expert

I expect that if they call that witness then the cross examination will be interesting and revealing

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