好擔心唔知幾時上庭 因下個月有事情務必去日本一趙 我能出境嗎?
我可唔可以上庭自己求請定搵律師 ?但我真係無錢請律師 聽聞法援都好貴
thank you so much
- GaryLv 76 年前最愛解答
Thanks for asking for me.
1. If your bail condition restricts you from leaving Hong Kong, the police will need you to surrender your travel document, as well as periodical reporting. If none of these happens to you, you are free from leaving Hong Kong.
However, it is best to make the police aware your potential travel plan to avoid any potential issues.
2. Unless you can ask the court to postpone the schedule. You must appear as ordered.
3. In your case, a criminal record will be a must with a fine. Binding over will not be possible.
4. You can. However, given the minor nature of the crime, there is not much you can do.
You may have a little chance for a better outcome if you have your own lawyer.
5. Slim to none. To be honest, your confession to the police almost concludes the case. There is no motivation for the Government to give you a chance for binding over when the Government has a sure-win case.
This is why having a lawyer will increase your chance for binding over (although not much) as this indicates your intention to fight the charge.
6. It won't hurt, but not much help in your case due to its minor nature.
2015-05-08 03:15:43 補充：
I am not sure what kind of case law you mentioned.
However, I found one for you:
2015-05-08 03:21:20 補充：
Keep in mind - Binding over is a discretion. There is no set guideline or case law governing when it should be offered..
But based on research, it is only offered when it is clearly a waste of resource to prosecute the case. For example, the amount in question is very small (like less than $100).
2015-05-08 03:26:16 補充：
If I can make this simple for you - Why should the misgistrate or prosecutor consider this option? You present no basis to support binding over is the best solution for your case.
This is why I said you need a lawyer, so that you can be offered a better deal.
- 「本週之星」Lv 76 年前