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Nottingham criminal solicitor Alex Chapman recently demonstrated that VHS Fletchers are prepared to travel under free legal aid in Magistrates’ Court cases.  This is because we want to ensure you receive continuity of legal representation in your case.

Alex recently travelled to Bromley Magistrates’ Court to represent a client from Nottingham because he was charged with three allegations of assault.  One of them was racially aggravated.

Our client had never appeared before a court before and was understandably concerned about the outcome of his case.  Despite his character, there was a real risk that he would receive a custodial sentence, particularly due to one of the charges being racially aggravated.

Alex’s client had been in London because he had to resolve an issue with his passport.  He had, however, missed his coach home and had unwisely had a drink to pass the time.  Our client ended up in an argument with his partner and then an altercation with shop staff and a member of the public.

He was extremely apologetic for his actions so had not disputed the alleged conduct . Our client knew that he had lost his good character and that this could have a major impact on his future but he was realistic in his expectation of a prison sentence.

Alex saw that his client was particularly concerned that he receive continuity of representation.  It is perhaps always important that a client has the benefit of the same lawyer throughout the lifetime of his case. Although he was legally aided, Alex was able to commit to travelling to Bromley.

In the event the case was able to be concluded at a single hearing because we had full instructions. Guilty pleas were entered and then Alex offered mitigation on his client’s behalf.  A brief probation assessment was carried out so his client was sentenced.  Rather than a custodial sentence he received a community order.

Availability of Free Legal Aid for Criminal Cases

We will always assess whether you are entitled to free legal aid for Magistrates’ Court hearings.  In this case the funding allowed us to provide free representation to our client some distance away.

Contact one of our criminal defence solicitors

We have several offices across the East Midlands, however we can provide nationwide advice and representation in police stations and at the Magistrates’ and Crown Court.  Find your nearest office here or use the contact form below in order to instruct us.

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Mansfield crime solicitor Tim Haines secured another not guilty verdict for a client before Mansfield Magistrates’ Court despite agreed bad character evidence.

His client faced an allegation of going equipped to steal.  He was stopped by the police walking home with a bag of tools.  He was also in possession of a mini motor bike that did not work.

The police chose to arrest him. A radio check on our client’s record revealed convictions for dishonesty and going equipped offences.

Tim’s client had a defence that he was advised to provide in interview.  He maintained that he had put his offending behind him. Instead he had been at a friend’s house trying to mend the mini motorbike.  He was on his way home when stopped by the police.

The police office went to the trouble of producing a map of the route taken.  This was intended to show that our client was not taking direct route. A statement had also been taken from a witness purporting to be an expert.  The statement contained details of what crimes the tools could have been used for.

A clear trial strategy

Tim used his substantial experience as a trial advocate to decide a trial strategy.  He was able to agree the prosecution evidence but comments that were simply opinion were removed by agreement. As a result, the Magistrates’ did not have the opportunity to hear ‘live’ evidence from a police officer.

Bad character evidence neutralised

The prosecution had also served an application to have bad character evidence before the Magistrates.  Again, Tim’s experience meant that he accepted that there was no realistic challenge to this application.  Instead, he planned how his client’s record could be used to his advantage.

Tim’s analysis of the record meant that he could point out to the Magistrates that his client had always pleaded guilty to crimes he had committed.   He took any potential sting out of the prosecution cross examination of his client by having his client give evidence about his character at the outset.  His client was then able to explain his past.

Strong closing speech

Tim was able to make a strong closing speech on behalf of his client because of his clear trial strategy.  The Magistrates, in their reasons for find Tim’s client not guilty, mentioned that they had not relied upon the bad character evidence.

Tim’s client was naturally delighted by the outcome in the case.

Contact a Mansfield Criminal Defence Solicitor

Whether you face investigation by the police, or court proceedings, then you will want to instruct Tim Haines.  He can be contacted on 01623 675816.  Alternatively you can used the contact form below.

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Derby crime solicitor John Young recently acted for a client who faced what appeared to be an inevitable prison sentence.  His client had an appalling history for breaching his restraining order.  A first order had been made in 2010 but this had been breached five times.

Although that order was revoked in 2012, a  second Restraining Order was imposed in 2014.  That order had already been breached 10 times with the most recent sentence for breach being three weeks prior to this sentencing.

New breaches of a restraining order

John’s client was originally charged with two allegations of breaching the restraining order.  On the second occasion he had been arrested at his ex-partner’s address so was clearly guilty of the offence.  However John was able to negotiate with the prosecution that it wasn’t in the public interest to proceed with both charges.  As a result, his client only pleaded guilty to the single offence.

All of the circumstances would suggest that a prison sentence was inevitable in this case:

• offence committed during a period of supervision

• offence placed him in breach of a community order

• he had an extremely poor record for identical offending

The sentencing guidelines suggested that not only should the case be dealt with by a prison sentence, but that the client should have been committed to Derby Crown Court for sentence.  A sentence of six months in prison was represented by the prosecution as being insufficient because of these guidelines.

Suspended sentence rather than immediate custody

Instead, John used all of his experience and persuasive advocacy to ensure that his client received a further chance to turn his offending around while in the community.   It is hoped he can avoid further breaches of his restraining order.

Continuity of Representation

John’s client was assisted by the fact that we are able to provide continuity of representation in most cases.  He had dealt with his client for the previous court appearance so knew all of his background and the history of previous orders.  As a result, all of this worked to his client’s advantage.

John’s client was both surprised and pleased to receive a suspended sentence rather than an immediate prison sentence of some length.

Contact a Derby Criminal Defence Solicitor

We offer 24 hour emergency advice and representation for those being investigated for criminal offences or detained for court at weekends.  Police station advice and representation will always be free of charge to you, as will any interview with the police under caution, whether you are arrested or a volunteer, at the police station or at your home address.

The locations and contact details for your nearest office can be found here.

John Young can be contacted on 01332 546818 or if you want to email him then please use the form below.

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As a Nottingham Law School Alumni, our trainee solicitor Elliott Moulster has recently been asked to join the NLS Alumni Fellowship. The aim of the fellowship is to help put students at Nottingham Law School in contact with members of the legal profession. It is hoped that in doing so, legal professionals are able to share their knowledge, skills and experience with the next generation of lawyers.

VHS Fletchers currently supports students with placements and work experience.  Elliott was very keen to join the Alumni scheme and maintain a positive relationship with the university. Whilst Elliott was at university, he personally benefited from a professional mentor and can therefore appreciate how beneficial they are to students.

Valuable Experience

The Fellowship provides many different ways for professionals to get involved and actively encourages its members to come up with novel initiatives. Some of the activities that the program runs include:

• mentoring

• networking events

• employability workshops

• blog writing

• opportunities for pro-bono work

So far, Elliott has supported and attended numerous events run by the university. He has also started mentoring students interested in a future in criminal law. Although as a trainee he may still have a lot to learn and experience himself, Elliott knows he can assist. He will be particularly helpful in explaining how to make the jump from university to professional practice as he has only recently done so himself.

Developing our involvement

Elliott is also currently looking for ways to expand his involvement in the scheme.  These include ideas such as drop in mentoring sessions currently being discussed.

Overall, Elliott feels that it is an extremely worthwhile and rewarding opportunity. One of which he is also very thankful to have the firm’s support in pursuing. The university is always looking for more fellows and Elliott would encourage as many people as possible to get involved.

Contact Elliott Moulster about the Alumni Fellowship

If you have any queries about the scheme or how Elliott could help you then please telephone him on 0115 9441233.  You can email him here.

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Chesterfield Crime Solicitor David Gittins recently represented a client in difficulties at Chesterfield Magistrates’ Court.  The client had committed an offence in breach of a suspended sentence.

The court would have to be given a good reason not to activate the sentence.

 

 

The Allegation

David’s client had been arrested in relation to two allegations of common assault owing to having been drinking all day.  He had drunk about 20 pints of lager so had not considered the consequences.

His partner who had been with him left the public house.  Unfortunately she had taken an item of sentimental value belonging to the pub landlord.  As a result the landlord understandably followed her and retrieved the item.  Meanwhile, David’s client remained at the pub.

When his partner returned she was suddenly tripped up and landed heavily on the floor.  Without thinking, our client punched the male to the face and a small scuffle began. The scuffle ended after a few moments and the David’s client began talking to others at the scene.

During this time, he lashed out again, punching another male to the face before walking away from the pub.

Offence in breach of a suspended sentence

When charged and before the court David’s client accepted that he was guilty of the charges.  He entered guilty pleas.  Unfortunately, these offences were committed in breach of a suspended sentence imposed three weeks previously.

As a result, the court would immediately consider that the suspended sentence ought to be activated.  A separate sentence would be imposed for the new offences. The likelihood was that this would happen at the first appearance and without reports being prepared.

Mitigation sought to try and avoid the inevitable

David secured information to put before the Court in a bid to convince it not to send his client to prison.  David took detailed personal mitigation from his client. The client was very proud to say that he had undertaken a period of alcohol abstinence and had been dry, albeit for a short period.

His main concern was not for himself but rather his daughter.  He cared for her four nights per week so that his ex-partner was able to work on the evenings he had his daughter.  If his client was sent to prison it was unclear who would provide the necessary case.  His ex-partner may have had to leave her employment because there were no other family members close by to assist.

Additionally any period of imprisonment would have resulted in our client’s  online business closing so staff would be made redundant. His current partner would be as a result unable to maintain payments on their family home.  Customers would lose out as well.

David spoke with the probation service at court.  Therefore he gained information confirming that his client was progressing well on his suspended sentence order.  He had begun to resolve long term issues in his life.

Unjust to activate the suspended sentence

Owing to his detailed preparation, David was able to address the Magistrates at length about the reasons behind the recent offending.  He could provide significant personal mitigation.  David outlined the good progress that his Client was making under his current order.  Much emphasis could also be placed on the impact to others if our client was sent to prison.  This last factor was perhaps the most important in persuading the court it was unjust to activate the prison sentence.

After listening to this extensive mitigation the Magistrates agreed that the suspended sentence should not be activated. Instead they imposed a community order with a stand alone curfew for 12 weeks.

Following the breach of a suspended sentence the court extended the operational period by 6 months.

Our client was relieved not to face a prison sentence and because of that he was delighted with the outcome.

 Contact a Chesterfield Criminal Defence Lawyer

If you find yourself under investigation by the police or face court proceedings and wish to instruct David then please him telephone at our Chesterfield office on 01246 283000.

Alternatively you can contact him using the form below.