Criminal Law

Criminal Defence

Facing a criminal charge can feel overwhelming. A conviction can carry life-changing consequences for your work, travel, immigration status, and reputation. At Hine Eagle we provide steady guidance and strong advocacy so you don’t face the system alone.

Our experience

Our lawyers have experience defending clients in the District Court, High Court, Youth Court, and Court of Appeal. We understand how Judges, Prosecutors, and Police tend to approach cases, and we use that insight to prepare you for what lies ahead.

What we cover

• Police interviews, custody visits, and first appearances
• Bail and name suppression applications
• Assaults, dishonesty offences, sexual and drug charges
• Traffic and drink-driving cases, including limited licences
• Serious matters such as conspiracy, complex trials, and appeals

Why it matters

Being charged does not always mean being convicted. Many cases are resolved without trial through negotiation, diversion, or alternative outcomes such as a discharge without conviction. We also highlight the real-world consequences of a conviction, job loss, visa issues, or travel bans, to ensure your future opportunities are considered in every decision.

How we help

From the moment of Police contact to the conclusion of your case, we provide calm, strategic representation. We fight for outcomes that minimise long-term harm, whether that’s through defending the charge, reducing the penalty, or securing an alternative resolution.

Discharge Without Conviction

A discharge without conviction means the court decides not to record a criminal conviction, even if you plead or are found guilty. This can protect your job prospects, travel plans, visa applications, or professional standing when a conviction would be disproportionate to the offence.

When it’s an option

This is not available for every case. You need to plead guilty or be found guilty first, and the Court must decide that the consequences of a conviction, like deportation risks or career loss, are far worse than the offence itself.

What the Court considers

• The seriousness or “gravity” of the offending, including any aggravating or mitigating factors, like prior history, remorse, or first-time status.
• The direct or indirect consequences of a conviction, such as inability to travel, loss of employment, immigration consequences, or reputational harm.
• Whether a discharge is a just and proportionate outcome given the context.

How the process works

You generally plead guilty and then make the application. Our team supports you with evidence, like employer letters, immigration notes, or medical reports, and strong legal submissions, showing why a conviction would be excessive given the circumstances.

How we help

We draw from lived-experience court strategy, not wishful thinking. We build a custom case, help you prepare supporting affidavit evidence, and advocate clearly for why a conviction is the wrong outcome for you. Discharge without conviction isn’t easy, but when it’s the right fit, we’ll make it count.

Community Based Sentence Applications, section 94

Section 94 of the Land Transport Act 1998 lets the Court swap a further period of driving disqualification for a community-based sentence, usually community work. It is aimed at avoiding long stacks of disqualifications where that would do more harm than good.

When section 94 is available

You must have been disqualified by a Court before, so it is not available for a first offence. It is often used with driving while disqualified or suspended, or similar traffic charges, where another disqualification would seriously affect work or rehabilitation.

What the Court considers

• Your history of disqualification and the current charge
• Why a further disqualification would have significant practical impact, for example keeping a job or meeting family obligations
• Whether a community-based sentence would still hold you to account and promote rehabilitation

The Court has discretion. It will only substitute community work if that is a better fit than more disqualification in the circumstances.

The process in practice

Applications commonly run alongside a guilty plea and are set down for a short hearing. You will usually need supporting material, for example employer letters, proof of hours or travel needs, and any rehabilitation steps. Some firms note that section 94 matters can involve two appearances, one for the plea and one for the application.

How we help

We check eligibility, line up the right evidence, and prepare focused submissions showing why community work is the better outcome than more disqualification. We can also advise on alternatives, for example limited licence or discharge without conviction, where those are a better fit.

Limited Licence (Work Licence)

A limited licence, often called a “work licence,” is a special Court order that lets you drive during a disqualification period. It’s designed for people who genuinely need to drive for essential reasons, usually work, family responsibilities, or medical needs.

Who can apply

You can apply if you’ve been disqualified from driving by the Court (criminal disqualification) or by NZTA because of demerit points (civil disqualification). Limited licences are not available for the most serious driving offences, like repeat drink driving within certain timeframes.

What you need to show

• You or your dependants would suffer extreme hardship if you could not drive, for example losing your job, being unable to care for family, or missing medical treatment.
• Granting the licence would not put public safety at undue risk. Conditions will be tailored to reduce any risks.
• Specifics about when, where, and why you need to drive, like your work hours, routes, and vehicle details.

How the process works

Applications are made to the District Court. They usually require an affidavit from you, supporting letters (like from an employer), and draft licence conditions. Police and NZTA are given the chance to comment, and the Court decides whether to grant the order and on what terms.

How we help

We check if you’re eligible, draft the paperwork and proposed conditions, and gather strong supporting evidence. We then represent you in Court, presenting a responsible, tailored case that maximises your chances of success while protecting public safety.

Diversion (Police Discretion)

Diversion is a tool used by the Police Prosecution Service to steer low-level offending away from formal court proceedings. It’s entirely at their discretion, but can be a great option when you accept responsibility and want to avoid a recorded conviction.

How it works

First, Police Prosecution Service decides whether your charge is eligible, usually a minor offence without serious risk. If they’re open to diversion, the charge is remanded to allow time for a diversion interview at your local police station. You must admit the offending and show genuine remorse.

Common requirements

• Writing a letter of apology or remorse
• Offering emotional harm reparation to anyone affected
• Completing a relevant programme, like defensive driving if it’s a driving matter

If you’ve already received a diversion or discharge without conviction, Police Prosecution Service will usually decline to offer it again. Also, charges with mandatory consequences (e.g., drink-driving or dangerous driving) are not eligible.

How we help

We assess whether diversion is an option for you, guide you on how to demonstrate remorse, and help you prepare for the interview. While diversion is never guaranteed, we’ll give you the best possible chance of a positive outcome.