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Mansfield criminal legal aid solicitor Tim Haines secured a not guilty verdict before the Magistrates’ court.  In doing so he preserved her good character.

Tim’s client faced a very emotive charge.  She had been a care assistance and faced an allegation of pushing a vulnerable person in her care who suffered from dementia.

The allegation was made by three purported eye-witnesses.  Although all three maintained that they had seen the incident each witness gave very different account about what had happened.  Tim used his expert cross-examination to make all of these inconsistencies obvious to the Magistrates hearing the trial.

Tim’s client maintained that she had been a victim of a ‘witch-hunt’ owing to a clash of personalities at her place of employment.  This argument was supported by the manner of her dismissal which appeared unfair.

Our client was of good character.  Tim called character evidence in support of this.  His client had fully answered questions in police interview and gave an account consistent with those answers.

In closing, Tim was able to contrast the inconsistencies between the prosecution witnesses with the consistent account of his client.  He made sure that the Magistrates’ properly directed themselves as to the relevance of his client’s good character.

The Magistrates’ found his client not guilty, taking into account all of the evidence that was heard, making specific reference to our client’s consistent version of events as opposed to the prosecution’s differing accounts.

The advice, preparation and representation that this client received, both in the police station and in court, was free of charge to her.

Contact a Mansfield criminal legal aid solicitor

If you face a criminal allegation you will want to instruct an expert criminal solicitor to represent you.  Where possible, you will also want the benefit of free legal aid.

Advice and representation will always be free of charge from VHS Fletchers where you are being spoken to by the police under caution.  This is true whether you are under arrest or speaking to the police voluntarily, and whether you are at the police station or another place such as your home.

If you face court proceedings we will always ensure that we have fully investigated your entitlement to criminal legal aid.  In the Magistrates’ Court this means that your representation will be free of charge.  In the Crown Court it might be free or there may be a financial contribution.

Please telephone Tim on 01623 675816 if you know that the police wish to speak to you or you face court proceedings.  We provide 24 hour emergency advice and representation.  Alternatively you can use the form below.

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Nottingham crime solicitor Louise Wright represented a particularly vulnerable client facing trial for shop theft.  Her efforts on behalf of her client secured a not guilty verdict.  The issues were lack of dishonesty and an intention to permanently deprive.

Louise’s client was charged with a shop theft from a supermarket. She had been detained at the scene and goods recovered from her.   The police interview took place on a voluntary basis a week later.  Our client chose to proceed without legal advice and representation.

Lack of Intention to Permanently Deprive

In that interview she stated that she had gone to the shop with her friend, the co-accused.  She waited outside for  her friend but  when friend came out she had bags of stolen items.  Our client was instructed to go into the store and come back with the rest of the goods she hadn’t managed to steal.   Unfortunately our client acted on this, although she felt she had no choice.

Louise met her client for the first time at court.  When she took initial instructions she was told that she had entered the store  with the intention of being caught.  This was so that she could get away from her friend who frightened her.  When time was taken to explore the issues further it became clear that her intention was not dishonest.

Defence of duress considered

Consideration was given to whether the legal defence of ‘duress’ was available.  Louise advised her client that such a defence would not succeed in this case.  As a result she would be better served by concentrating on the issues of dishonesty and a lack of intention to permanently deprive the shop of the items.

Shop theft trial

A not guilty plea was entered at the first hearing.  Thereafter a bad character application successfully made by the prosecution.  Louise’s client had been convicted of shop theft with the same co-accused in November 2016.  As a result the prosecution argued that it undermined her defence in relation to this charge.

Additionally, if our client was convicted, the new offence would place her in breach of a court order and at risk of prison sentence.

Louise’s client attended for trial.  Unfortunately, as she was an alcoholic, she arrived heavily under the influence of alcohol.  As a result, Louise made an application to adjourn the trial.  This was rejected by the court.

As a result, the trial proceeded.  Louise’s client had no alternative but to give evidence despite her condition.  Her case was, however, assisted by extra work that Louise had carried out on her behalf.

Evidence had been obtained from our client’s support worker.  This showed that over a period of time prior to this incident she had complained of being scared and threatened by her co-accused.  The prosecution agreed that this evidence could be read to the Magistrates

Not Guilty Verdict

During her closing speech to the Magistrates, Louise directed the bench to the relevant legislation.  She highlighted the evidence that was to be relevant to their decision.  After a lengthy deliberation the Magistrates’ found her client ‘not guilty’

Contact Nottingham crime solicitor Louise Wright

This case no doubt demonstrates the importance of instructing a solicitor who will dedicate their time to securing the best result for you.  This will be important to you, even if your case may not seem serious to others.

High quality advice and representation, including the gathering of all relevant evidence, will make a difference whether you are interviewed by the police or face court proceedings.

If you wish to instruct Louise to represent you either at court or the police station then please contact her on 0115 9599550.  Alternatively you can use the contact form below.

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Nottingham criminal duty solicitor Jameel Malik was recently instructed in a sentencing before a District Judge at Nottingham Magistrates’ Court.  The case involved possession of a bladed article.

Possession of a Bladed Article

Jameel’s client was to be sentenced for possession of a bladed article.  There had been an argument with a shopkeeper.  This then led to our client arguing with his friend.

The second argument was witnessed by off duty police officers.  When approached by officers, Jameel’s client then ran away.  When detained and searched he was found to have a knife on him.

Breach of a Suspended Sentence

The offence put our client in breach of both a suspended sentence order and a conditional discharge.  Despite this, Jameel was able to persuade the Magistrates that a probation report ought to be ordered and the case was adjourned for one to be repaired.

Once the report had been prepared, Jameel was then able to argue that in this case it would not be just to activate the suspended sentence.  He put forward the following:

• the suspended sentence order was imposed for a different type of offence
• it had been imposed five months earlier
• in that time, his client had been working well with the probation service

The District Judge, who had read the pre-sentence report, was persuaded by Jameel’s arguments.  The operation period in relation to the existing suspended sentence was extended by 6 months.

In relation to the offence of possession of a bladed article a new short suspended sentence was imposed.

No action was taken in relation to the conditional discharge.

Contact Nottingham Crime Solicitor Jameel Malik

Whether you face a police investigation or court proceedings you will want to instruct a solicitor who will seek the best result for you in your circumstances.  You can telephone Jameel on 0115 9599550.  Alternatively you can use the form below.

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Chesterfield Crime Solicitor David Gittins has attended The Church on the Bus for the first time in Chesterfield.  This was in order to offer free legal advice to its vulnerable service users.

The Church on the Bus is a unique local initiative.  It has been running for several years.  A specific need for the homeless was identified in Chesterfield.  There are no soup kitchens or hostel accommodation in the town.  The Church on the Bus attempts to fill part of this gap in local assistance.

The Church on the Bus

Help to some of the most vulnerable in the area is provided from a converted single-decked bus.   The Bus is parked on Rose Hill opposite Chesterfield Town Hall every Monday and Thursday evening from 6.30pm to 8.00pm (apart from Bank Holiday Mondays).

Volunteers serve tea, coffee, hot chocolate, soup, sandwiches and, usually, treats such as cake, biscuits or chocolates!  Toiletries, clothing, shoes and sleeping bags are also provided, together with advice on benefits and other matters affecting the homeless.

Perhaps more importantly the bus provides a safe place for people to feel welcomed, be able to sit quietly in comfort, to chat, to ask questions, and to pray.  Each session ends with a short period of quiet prayer.

Typically between 15 and 30 people attend on any one evening but the total pool of people visiting the bus is much larger.

How we became involved

David became aware of the organisation through local business contacts forged within Chesterfield Champions.  As a result he contacted the group to how he and staff at our Chesterfield solicitors could help.

David’s first meeting was of the Committee.  David was able to outline what he believed he could do to help the organisation and those that it helps.

This will include:

• Free legal advice on a variety of areas of law relating to the police and courts
• Free help and advice with official letters and documents
• Signposting to solicitors in other areas of law as required by those attending the service
• Signposting to other professional service providers to help with ongoing issues, whether legal or not

David’s offer was warmly accepted by the Church and it was agreed that he would attend twice monthly to offer help and support and see what demand there is for the service.

Free advice to vulnerable service users

Since then, David has attended the Bus for the first time in his capacity as adviser.   As well as providing some legal advice he spoke with the attendees and witnessed for himself the help and support offered to the homeless.  To David’s surprise this included the offer of free haircuts!

David will be returning to offer his legal and practical help (and possibly receive a hair cut) at regular intervals over the coming months.

Make a donation to the Church on the Bus

If anyone wishes to make any donations, such as toiletries, sleeping bags, clothes etc to the Church on the Bus please drop these off at St Thomas’ Church, Chatsworth Road, Chesterfield clearly marked.

Alternatively items can be left at our Marsden Street office and transported on your behalf.  Our contact details can be found here.

More information about how you can support the service can be found here.

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Nottingham criminal solicitor advocate Andrew Wesley helped ensure a not guilty verdict for his client who faced jury trial because it was alleged he had perverted the course of justice.

Andrew’s client had already been dealt with by another advocate following his guilty plea to his involvement in an insurance fraud where he had pleaded guilty.

Both cases had been prepared by senior Crown Court litigator Caine Ward.

Crown Court jury trial for perverting the course of justice

This case was related to the fraud. It was said that our client had destroyed an iPhone because it had incriminating photos showing fraudulent accidents.  The phone had been destroyed after our client had been arrested so the police wouldn’t find it.

The only evidence that the prosecution had that the phone existed in the first place, let alone was destroyed, came from an ex-partner.  In her statement the incident was dealt with in two or three lines of type so no detail was given at all.

Disclosure was received from the prosecution that showed that she was unhappy with our client following the break up of their relationship.  Further evidence obtained showed that following the break up she had made several unwanted visits to our client’s address.  On each occasion the police had to be called, and on more than one occasion she had to be taken away by the police.  This, and evidence of her hatred for our client seen on screenshots of Messenger conversations, lent support to our client’s argument that she had made up the story to get him into further trouble with the police.

Expert cross-examination of the prosecution witness

The case proceeded to jury trial.  The witness attended so gave her evidence in accordance with her statement.  Andrew had planned his cross examination so that he concentrated on relevant issues.  It was structured to deal with the following areas:

• their relationship and how it ended
• police involvement at our client’s address
• her feelings for our client as seen on the Messenger chat
• her delay in reporting the allegations to the police
• the detail of the incident bearing in mind the brevity of her statement

The last point was perhaps the most important.  When pressed for detail she was unable to provide it or seemed to be making up the detail to provide an answer.  This was not lost on the jury.

Andrew’s client gave evidence on his own behalf, and although the experience and some of the questions asked were clearly frustrating, he gave evidence well.

Closing speech directed at the burden of proof

In closing, Andrew’s speech was able to concentrate on the issues that might be troubling the jury most.  In particular, there was a lack of supporting evidence that such a phone ever ever existed whereas there was evidence that the witness might be prepared to lie about him.

Our client, of course, had the benefit of the fact that the prosecution had to prove the case so that the jury was sure of his guilt.  By a unanimous verdict the jury decided that the prosecution hadn’t done so and he was found ‘not guilty’.

Positive feedback for the service we provide

Although our client remains a serving prisoner and was unable to offer written feedback on the service provided his family did so.  His partner felt able to write in these terms

“I couldn’t of asked for a better solicitor – Andrew Wesley and team did a fantastic job representing my partner.”

His mother watched the trial so was able to comment

 “couldn’t of asked for better representation thank you so much.”

Crown Court Criminal Legal Aid

Our client benefited from legal aid so in his case it meant that our representation was free of charge. It is only in exceptional cases that legal aid funding will not be available to a defendant.  This is because it is unlikely that the income of most defendants be too high for legal aid.

Contact a Nottingham Criminal Defence Solicitor

Whether you face a police investigation, Magistrates’ Court trial or Crown Court jury trial you will want to engage a specialist firm to ensure the best possible outcome for you.  We provide nationwide advice and representation from our offices across the East Midlands.  Contact details for your nearest office can be found here.

Alternatively you can use the form below to send us an enquiry.