How to Choose a Criminal Lawyer in New Zealand

When You Need a Criminal Lawyer

You should engage a criminal lawyer as soon as possible if you:

• Have been arrested or charged with any criminal offence
• Are being interviewed by Police as a suspect
• Have received a summons to appear in court
• Are facing serious charges like assault, drug offences, fraud, or sexual offences
• Risk losing your job, visa, or professional registration if convicted
• Are facing a jury trial in the District or High Court

Duty Lawyer vs Private Criminal Lawyer

Understanding the difference helps you decide what level of representation you need:

Aspect	Duty Lawyer	Private Lawyer
Cost	Free	$250-500+/hour or legal aid
When available	First court appearance only	Throughout entire case
Time with you	15-30 minutes typically	As much as needed
Case preparation	Minimal - basic advice only	Full investigation and strategy
Best for	Minor charges, guilty pleas	Serious charges, defended hearings

When a Duty Lawyer is Sufficient

• Very minor charges you intend to plead guilty to
• First appearance where you just need bail sorted
• You need time to find a private lawyer

When You Need a Private Lawyer

• Any charge you intend to defend (plead not guilty)
• Charges carrying potential imprisonment
• Complex matters involving multiple charges
• When your job, visa, or professional registration is at risk
• Drug, violence, sexual, or fraud charges
• Any High Court matter

Key Qualifications to Look For

Essential Requirements

• Current practising certificate: Check the NZ Law Society register
• Criminal law specialisation: Not all lawyers do criminal work
• Legal aid provider (if needed): Must be approved to take legal aid cases

Experience Indicators

• Years practising criminal law: 5+ years for standard matters, 10+ for serious charges
• Jury trial experience: Critical if your case may go to trial
• Specific offence experience: Drug cases, violence, fraud, sexual offences each require different expertise

District Court vs High Court Experience

New Zealand's criminal courts handle different levels of offending:

Why this matters: High Court trials are more complex and demanding. If you are facing High Court charges, ensure your lawyer has significant High Court jury trial experience, or can brief senior counsel who does.

Jury Trial Experience

If there's any chance your case will go to trial before a jury, your lawyer's trial experience is critical:

• Number of jury trials conducted: Ask how many they have done as lead counsel
• Trial outcomes: What is their acquittal rate?
• Type of trials: Have they run trials for charges similar to yours?
• Recent trial work: Trial skills need to be kept current

QC/Senior Counsel for Serious Charges

For the most serious criminal charges, consider engaging a Queen's Counsel (now called King's Counsel or KC) or senior barrister:

When to Consider Senior Counsel

• Murder or manslaughter charges
• Serious sexual offending
• Large-scale drug importation
• Complex fraud over $500,000
• Cases attracting significant media attention
• Any case where imprisonment of 10+ years is likely if convicted

What Senior Counsel Provides

• Extensive High Court and Court of Appeal experience
• Recognised expertise in criminal advocacy
• Often better negotiating position with Crown prosecutors
• Experience with complex legal arguments

Note: Senior counsel typically work alongside a solicitor who handles day-to-day case management. Legal aid may cover senior counsel for serious charges.

Questions to Ask a Criminal Lawyer

Experience with Your Charge Type

1. How many cases involving [your specific charge] have you handled?
2. What were the outcomes in those cases?
3. Are you familiar with the specific legislation and defences?
4. Have you dealt with this type of charge in the same court?

Trial Experience

1. How many jury trials have you conducted as lead counsel?
2. How many trials in the last two years?
3. What is your trial success rate?
4. Have you run trials for similar charges to mine?

Plea Negotiation Approach

1. What is your approach to negotiating with the Crown?
2. In what circumstances would you recommend a guilty plea?
3. Can charges sometimes be reduced or withdrawn?
4. How do you advise on the risks of going to trial vs pleading?

Practical Matters

1. Who will handle my case day-to-day?
2. What are your fees, or do you accept legal aid?
3. How quickly can you review my case?
4. What is your availability for court dates?

Communication During Your Case

Good communication is essential in criminal cases where your liberty may be at stake:

What to Expect

• Regular updates: Your lawyer should keep you informed of all developments
• Clear explanations: Legal jargon should be translated into plain language
• Responsive contact: Calls and emails returned within 24-48 hours
• Court preparation: Full briefing before each appearance
• Honest advice: Realistic assessment of your options and likely outcomes

Red Flags

• Difficulty reaching your lawyer
• Lack of preparation before court
• Vague or overly optimistic predictions
• Pressure to plead guilty without proper advice
• Not explaining what is happening in your case

Legal Aid Eligibility for Criminal Cases

Legal aid is available for criminal matters if you meet the criteria:

Financial Test

• Single person: Gross income under approximately $23,820/year
• Couple: Combined income under approximately $37,758/year
• With dependents: Higher thresholds apply
• Assets: Limited assets excluding your home and essential items

Interests of Justice Test

For serious charges, legal aid may be granted regardless of income if:

• You face potential imprisonment
• The case involves complex legal issues
• You are unable to represent yourself effectively
• It is in the interests of justice to provide a lawyer

Repayment

• Legal aid is often a loan, not a grant
• You may need to repay if convicted and have income/assets
• Repayment terms are assessed based on your circumstances
• Some grants are non-repayable for very serious charges

Finding Criminal Lawyers in Your Area

Where to search for criminal defence lawyers:

• LawyerFinder NZ: Search by location and practice area
• NZ Law Society: Official lawyer register with practice areas
• Criminal Bar Association: Specialist criminal barristers
• Community Law Centres: Can provide referrals and initial advice
• Legal Aid office: List of approved legal aid providers

Making Your Decision

After consulting with potential lawyers, consider:

1. Expertise match: Do they have specific experience with your type of charge?
2. Communication: Did they explain things clearly? Did you feel heard?
3. Confidence: Do you trust them to advocate effectively for you?
4. Availability: Can they commit the necessary time to your case?
5. Cost: Are their fees affordable, or do they accept legal aid?
6. Gut feeling: Criminal cases are stressful - choose someone you can work with