Laura’s client had been originally charged with conspiracy to defraud together with her brother. She also faced two separate charges of fraud.
The allegations were serious so although of good character there was a real risk of a prison sentence.
The Allegations
It was alleged that she was guilty of conspiracy to defraud because she had opened a bank account. Into this account money obtained by fraud could be deposited.
The individual frauds were based on the fact that she was in possession of two pre-paid cards that had been opened fraudulently. Large sums had been transferred onto the cards and the cards had been used. Both cards were registered to her address.
Conspiracy to defraud – basis of plea
At court, our client was represented by Nottingham criminal solicitor advocate Phil Plant. He was able to negotiate pleas to a limited number of charges. More importantly he was able to negotiate a basis of plea so that the risk of a prison sentence was reduced.
The prosecution accepted pleas to the conspiracy and to converting criminal property. The second charge was in relation to the bank account. Additionally, Phil persuaded the Crown not to pursue the charges relating to the pre-paid cards.
The basis of plea limited her involvement in the conspiracy to a single transaction. This accurately reflected our client’s admitted involvement in the conspiracy.
Mitigation for a Suspended Sentence
Following plea, Laura’s client had the benefit of a pre-sentence report prepared by probation. Phil put forward mitigation emphasising her limited involvement, personal circumstances and her previous good character. This led the Judge to decide he could suspend the prison sentence.
This was a very worrying time for our client so she was extremely relieved at being spared custody. We were very pleased to be able to help her at a difficult time.
Positive Client Feedback
Although our staff don’t expect it, they are always pleased when they receive a ‘thank you’ from clients who are pleased with the outcome of their case or know that we have done all we can to secure the best outcome for them.
In this case, Laura and Phil’s client wished to go further so went to the trouble and expense of sending a card and flowers. In turn, we would like to wish our client all the best in the future and we hope that she is able to put what was an admittedly serious error of judgement behind her.
Contact Laura Clarson
Any Crown Court case will be serious so you will want a legal team who will fight to make sure you receive the best outcome. In instructing Laura Clarson you will know that she will give your case the time and attention that it needs.
Please telephone Laura on 0115 9599550 or email her here
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Nottingham crime solicitor Derek Brown
Nottingham crime solicitor Derek Brown used persuasive advocacy to ensure that his client was found not guilty of assault on the basis of a reasonable pre-emptive strike.
Derek’s client was of good character. The background to the case was that the complainant had been seeing our client’s boyfriend. This news came out of the blue, understandably causing Derek’s client upset.
Unfortunately, the complainant chose to try and make matters even more upsetting. She parked outside our client’s house the night before the allegation was made, laughing and using behaviour calculated to provoke a response.
The very next day the complainant was parked up again. She made an allegation that Derek’s client had approached her in her vehicle, reached through the window and punched her and pulled her hair. The incident was said to have been unprovoked. Later in the same day, our client was said to have approached the vehicle again and hit it.
Police Interview as a Volunteer
Our client had been interviewed by the police as a volunteer. This means that she was not under arrest. Her answers to questions were still tape-recorded however, and would have the same value as evidence in court even though she was not arrested.
She had chosen not to have a solicitor present in interview. This might be an unfortunate effect of calling a suspect a volunteer – it perhaps creates an impression that the investigation or interview is somehow less important than when arrested. Legal advice and representation remains free under legal aid.
Denied assault allegation
In interview, she explained that she had seen the complainant parked up and asked her what she was ‘playing at’. At that time, the car window was fully wound up. The complainant stated that she had done nothing wrong, but then suddenly opened the car door and took off her seat belt.
The complainant started to move to get out of the car. Derek’s client maintained that her body language was aggressive. She believed she was going to be attacked so before she could get out of her seat she punched her once to the face. She did this because she believed she was going to be subject to an imminent attack.
Not guilty due to reasonable pre-emptive strike
At trial, both the complainant and Derek’s client gave evidence. Derek recognised that potential weaknesses in his client’s case of a reasonable pre-emptive strike were:
the motive that she had for assaulting the complainant
the complainant was hit while still in the car
Despite the problems, Derek’s client gave evidence well. Derek’s experience meant that he was able to address the Magistrates’ in a strong closing speech. The Magistrates’ went on to find his client not guilty.
Contact a Nottingham Criminal Defence Lawyer
If you have a difficult case that may turn on whether you instruct an experienced lawyer, then please contact Derek on 0115 9599550 or email him here.
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Ilkeston crime solicitor Sarah Green
A torch was recovered from the burgled premises. The inference to be drawn was that the torch had been left by whoever burgled the premises. Upon analysis, the DNA of Sarah’s client was found on the torch.
DNA link to offence
Of course a torch is a moveable item. As a result, DNA being on the torch was unlikely to lead to any irresistable conclusions. The DNA alone was unlikely to prove he committed a burglary.
As a result, the prosecution sought to bolster the evidence with applications to the court that other information be before the court. An application was made at a pre-trial hearing.
Bad Character and Hearsay Opposed
This additional information was intended to be in two forms. Firstly there was a bad character application to try and show that Sarah’s client had been responsible for similar offending in the past. The prosecution intended this to show a propensity for such offending.
Secondly, the prosecution sought to place hearsay evidence before the court that implicated our client in the offending.
Through careful preparation and argument on the key provisions Sarah was able to persuade a District Judge that neither piece of evidence should be admitted.
As a result the prosecution was left simply with the torch and DNA evidence. Although the prosecution had promised to review whether there was a reasonable likelihood of conviction, this review had not taken place by the morning of the trial.
Prosecution guidelines say case should be dropped
Anticipating this, Sarah had attended court with the Crown Prosecution Service’s own guidelines on charging in cases where the evidence was similar to this one. It was perhaps disappointing that the prosecution was surprised when Sarah referred them to the guidelines that suggested any charge would need to be supported by other evidence.
Sarah and her client were then even more disappointed at the time it took to review what appeared to be a straightforward point – in the event it was the entire morning.
Representation under criminal legal aid
Eventually, however, a decision was made to offer no evidence. Sarah’s client was found not guilty, the charge dismissed. He had the benefit of criminal legal aid that means that Sarah’s representation was free of charge to him.
Contact an Ilkeston criminal defence solicitor
Despite the lack of police station or court in Ilkeston, we have maintained an office in the town. We are now the only firm providing legally aided criminal law advice and representation. We hope that clients will see the benefit of this decision to them.
If you face a police investigation or court proceedings and wish to contact Ilkeston criminal defence solicitor Sarah Green then please telephone her on 0115 9441233 or email her here.Our Ilkeston office can be found here.
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Nottingham criminal defence solicitor Graham Heatchcote
It may have been surprising that two people of good character moving towards retirement should end up having to give evidence to a court about such a matter, but sometimes these things can allegedly get out of hand.
The complainant in the case maintained that when he had parked his van Graham’s client had approached him, claiming he had nearly been hit by the van. He was said to have used abusive behaviour. It was then alleged that Graham’s client had punched the complainant hard, causing his wife to step in and separate the two of them.
Although the complainant only alleged a single punch, his wife maintained that there had been not one but eight punches.
Free legal advice in police interview
Graham’s client had taken advantage of the free legal aid available to him to ensure advice and representation during interview. This was available even though he was not under arrest.
He answered questions in interview, claiming that he had nearly been knocked down by the van. Although words were exchanged no punched were thrown.
Nottingham Magistrates’ Court
All of the witnesses attended trial. Both the complainant and his wife give evidence. Their accounts were significantly different however, and these discrepancies were highlighted by Graham’s expert cross-examination.
In evidence Graham’s client repeated the account he gave in interview. He maintained that while in the services he had received an injury that even years later meant that he was unable to deliver a blow with any force.
Not Guilty – Client keeps good character
Having heard all of the evidence and Graham’s submissions the Magistrates’ found his client not guilty. As a result he kept his good character. Although he was not entitled to legal aid for representation, Graham was able to ask for the return of a significant portion of his agreed affordable fixed-fee costs by way of a Defendant’s Costs Order.
Contact a Nottingham criminal solicitor
Although the facts of the case are perhaps not overly remarkable, the way the trial proceeded and the fact of the not guilty verdict demonstrates the value of solid expert representation by an experienced criminal defence lawyer where reputation is on the line.
It also shows the benefits of securing the services of a solicitor who will represent you for an affordable fee or criminal legal aid to ensure that you have representation to ensure you secure the best possible outcome in court.
If you are being investigated by the police or face court proceedings then Nottingham criminal defence lawyer Graham Heathcote can be contacted on 0115 9599550 or email him here.
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Mansfield criminal defence solicitor Tim Haines
Mansfield crime solicitor Tim Haines recently used all of his experience to secure a not guilty verdict in a domestic violence trial. The case required sensitivity and a clear trial strategy.
During an acrimonious relationship breakdown, Tim’s client was charged with an allegation of common assault. He was said to have slapped his son in the presence of his estranged wife.
In interview and thereafter, Tim’s client always maintained his innocence. He claimed that it was a false allegation designed to make sure he had to leave the matrimonial home.
Special Measures for Child Witness in Domestic Violence Trial
Tim knew that this had the potential to be an emotive trial. Special Measures were granted to help the young witness give his best evidence. This meant that he appeared in court over a video link. Although it was a distressing experience for him, Tim had to ask him questions about the incident to test whether witnesses were telling the truth.
Our client’s wife then gave evidence about the incident.
She was followed by Tim’s client who gave evidence on his own behalf along with a character witness.
Tim was then able to address the Magistrates’ as to the evidence in the case. His client had been consistent in his account to both the police and the court, and was helped by the evidence of good character that he was able to provide.
Not Guilty Verdict and No Restraining Order
Mansfield Magistrates’ Court
On the other hand, there were inconsistencies in the evidence of the young witness and our client’s wife that were significant and not easy to explain away.
As a result, after full deliberation, the Magistrates’ were not persuaded that the prosecution had proved the case to the criminal standard of proof. They were not sure that Tim’s client had assaulted the child so was found ‘not guilty’.
Contact a Criminal Defence Solicitor in Mansfield
Allegations of domestic violence are treated seriously by the courts. They also need handling with sensitivity. The law can be complex, particularly where the prosecution do not seek to rely on the complainant’s evidence.
As a result, if you are arrested or know that the police wish to speak to you about an offence of domestic violence make sure you insist on your right to free and independent legal advice.
Although our staff don’t expect it, they are always pleased when they receive a ‘thank you’ from clients who are pleased with the outcome of their case or know that we have done all we can to secure the best outcome for them.
In turn, we would like to wish our client all the best in the future and we hope that she is able to put what was an admittedly serious error of judgement behind her.
