The substantial and powerful mitigation that William was able to put forward permitted the judge to depart from what would have usually been substantial sentence of immediate imprisonment.
Drugs into Prison
William’s client had taken both cannabis and anabolic steroids into a prison. He intended to supply a serving prisoner. The drugs were for onward supply in the prison.
At the time of the offence, our client had been a heroin addict. As a result he had placed himself in a position where he was vulnerable to pressure from his dealer. This was why he had committed the offence in the first place.
Powerful mitigation from client’s decision to change
William’s client had used the delay between initial arrest and sentence to good effect. He had managed to become drug free and secure employment. His guilty plea in this case was further evidence of a commitment to change. He had been undertaking weekly drug tests for a six month period. He received favourable reports from his work and was a doting father to his son. A letter provided by his former partner was able to confirm this.
The Learned Judge was unable to suspend sentence because of strong guidance from the Court of Appeal as to the need for deterrent sentences in such cases. He did, however, reduce the sentence dramatically from what was expected. William’s client received a sentence of only ten weeks, meaning that he was likely to be released having served a little over three weeks in prison.
‘All that could be said’
The case is a good example of an experienced Judge being able to show leniency in a case where an experienced solicitor advocate has said “all that could be said” for a realistic defendant. In this case, our client, while recognising that custody was inevitable, had demonstrated that he was committed to rehabilitation and his family.
Contact a Criminal Defence Lawyer
We provide advice and representation at the police station, Magistrates’ and Crown Courts across the country. We have six offices based in the East Midlands. If you face police investigation or criminal proceedings then you can find your local office here.
If you wish to contact William Bennett then please telephone him on 01332 546818 or email him here.
Although the arrest was for a low value shop lifting, Ian’s client had previous cautions for theft. She had also previously been convicted and sentenced at court.
As a result, the police would usually make the decision that such a client should be charged and put before Nottingham Magistrates’ Court.
Representations avoid court proceedings
As Ian’s client had chosen to have a solicitor in the police station, Ian was able to speak with the sergeant at Newark police station who was to make the decision. He was able to persuade the officer that although his client had a record, the convictions were limited. His client had been out of trouble for eight months. All of the previous offending had been when she was a youth. This was her first offence as an adult.
The sergeant was persuaded that he could take a lenient view on this occasion. He agreed to give her a first adult caution. As her previous conviction was now spent, she would not have a record that would necessarily hold her back in her search for employment.
Free Police Station Representation
VHS Fletchers hold a contract with the government to provide advice and representation in the police station. The advice is not dependent on your earnings. The advice is therefore free of charge to everyone under the police station legal aid scheme. It will not cost you anything to instruct a solicitor to help you secure a favourable outcome if interviewed by the police.
Contact a Newark Criminal Solicitor for Newark Police Station
If you are being investigated by the police or face court proceedings then please contact Newark criminal defence lawyer Ian Carter on or email him here. If you face police investigation or criminal proceedings elsewhere then you can find your local office here.
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Derby criminal defence solicitor Nick Wright
Derby criminal solicitor Nick Wright recently dealt with a client before Derby Magistrates’ Court. She faced an allegation of racially aggravated assault. Following a two day trial she was found not guilty.
Nick initially dealt with his client as duty solicitor. Having met him, he applied for legal aid and she chose to continue to instruct him at trial.
A strong prosecution case
The prosecution case was apparently strong . Four prosecution witnesses were called, each of them maintaining that Nick’s client was guilty of the offence.
All of the witnesses said that Nick’s client grabbed the complainant’s clothing, punched him and made reference to his nationality. A claim was made that he’d been bullying our client’s daughter.
Racially aggravated assault allegation fabricated
Our client claimed that the allegation of assault was made up. The complainant had been bullying the son, and this allegation was part of that. No racist language was used.
Fortunately, Nick was able to call his client’s teenage son and another person present to back up this account. Owing to the son’s age, Nick successfully applied for Special Measures so that he could give evidence from behind a screen.
Although she provided helpful information, the other witness was reluctant to attend. As it was crucial that all relevant and helpful evidence be before the court, Nick applied for a witness summons that compelled the witness to attend court.
Such active preparation by your criminal defence lawyer is crucial if you wish your best case to be before the Magistrates.
Contact a Derby Criminal Solicitor
If you are being investigated by the police or face court proceedings then please contact Derby criminal defence lawyer Nick Wright on 01332 546818 or email him here. If you face proceedings elsewhere then you can find your local office here.
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Crime and Regulatory solicitor Helen Lees
As a duty solicitor on the Nottingham scheme Helen will represent those on bail or in custody, adults or youths, who don’t have a particular solicitor that they want to instruct. They are generally able to use the services of the Duty Solicitor.
Nottingham Duty Solicitor Scheme
On this occasion her client was a 17 year old appearing before Nottingham Youth Court. He faced an allegation of common assault. He was going to plead guilty to the allegation.
He had attended court with his mother and step mother. The case was not out of the ordinary or particularly serious. It was clear, however, that Helen’s client and the two family members were treating the matter very seriously. The son clearly regretted his actions.
As a duty solicitor, Helen will often meet clients who do not know anything about the court process or procedure. They will not know the likely sentence for their offending. As a result, Helen spends the time that it takes to ensure that they understand what is likely to happen in the court hearing. She will advise on the likely outcome.
In this case Helen’s client pleaded guilty. He had not been to court before so the court was able to sentence him immediately. Much positive mitigation could be put. He received a three month Referral Order.
Positive Client Feedback
Helen was surprised when, shortly after the hearing, she received a thank you card from the family.
She was touched that they had taken the time to send it, and it was a reminder that all court cases are important to the people who take part in them.
Contact Nottingham Duty Solicitor Helen Lees
You will be able to take advantage of the services of the duty solicitor when you attend court for the first time but you may benefit from early advice and preparation. Duty solicitors will be unable to deal with trials, for example. Legal aid will often be available. Alternatively we are likely to be able to deal with your case by affordable fixed-fee representation.
If you face criminal proceedings and wish to speak to Helen then please contact her on 0115 9441233 or email her here.
All posts by Andrew Wesley/h3>
Nottingham criminal solicitor Derek Brown recently represented a client charged with common assault. In an unusual case, the alleged victim of the assault had not provided a statement. The evidence upon which any conviction would turn was from an independent eye witness.
This witness claimed that she had seen Derek’s client slap his partner with such force that she was knocked to the ground.
Denied common assault allegation
He accepted the following:
that he had been the man that the witness had seen
that he had been arguing with his partner in the street
that his partner had ended up on the floor but he had fallen with her
Derek’s client had explained his version of events in police interview. He had explained that the argument had begun at his partner’s address. He did not wish to continue the argument so chose to leave. His partner tried to stop him so the argument continued in the street.
His partner continued to try and get him to return to her address. She grabbed him, and he, in turn, grabbed her. There was shouting throughout. During this scuffle. Derek’s client maintained that they fell on the floor but he denied that he slapped his partner as described by the witness.
After the incident, Derek’s client maintained that he helped his partner up and they parted ways, going to their separate addresses.
Cross-examination of a mistaken witness
Derek’s client denied the allegation. The case was listed for trial. Both the eye-witness and our client gave evidence. Derek’s questioning was directed at showing the Magistrates that the view of the eye-witness may well have been impeded taking into account all of the circumstances. The witness did not know either party so would have had no reason to lie. She was simply mistaken.
In the end, following Derek’s speech, the Magistrates’ were not sure that his client had hit his partner. As a result he was found not guilty.
Contact a Criminal Solicitor in Nottingham
Every contested case will require a criminal defence lawyer who can identify a trial strategy. Derek Brown is an experienced Magistrates’ Court trial advocate so will help identify relevant issues in your case. If you are under investigation by the police or face court proceedings for common assault or any other matter please contact him on 0115 9599550 or by email here.
