Category Archives: News

Newark crime solicitor Ian Carter recently represented a client on relatively minor matter at Newark police station.

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.

Category Archives: News

Experienced Derby criminal solicitor Nick Wright recently dealt with a difficult sentencing hearing at Derby Youth Court.

His client was due for sentence for two robberies, four burglaries and going equipped to steal.  This catalogue of offences would have been so serious alone that the court would have been considering a custodial sentence.

The position was further aggravated.  The latter offences were committed while the youth was on bail for the robberies.  They had also been committed whilst in breach of bail conditions.  He was also subject to a community order for another robbery.

Sentence of detention inevitable?

Although the likelihood was that his client would receive a sentence of detention, Nick had spent some time with his client and knew that he was vulnerable himself.  Nick identified that this was a case where his client would benefit from a report from a psychologist.  Nick spent a great deal of time with the his client’s parents and social worker.  He had ongoing contact with the Youth Offending Team.

Derby Youth Court imposes rehabilitation order

The sentencing hearing took two and a half hours to conclude.  In the end, Nick’s powerful and persuasive mitigation meant that the Magistrates decided not to impose detention.  Instead a Youth Rehabilitation Order was made.  This is intended to be a far more constructive sentence to assist a young man to try and put offending behind him.

Some clients intend to admit an allegation.  Custody may seem inevitable.  These clients will still benefit from instructing an experienced solicitor.  The solicitor will be able to identify the steps that can usefully be taken to try and secure the best outcome possible on the facts of a client’s case.

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.

Category Archives: News

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.

Category Archives: News

Nottingham and Newark crime solicitor Lauren Manuel recently gave free police station advice to a client at Newark police station.  She showed that just because a person may have committed an offence it doesn’t mean that they should be prosecuted at court.

The client had been contacted by the police to voluntarily attend the police station.  The police wanted to speak to her about an allegation of assault.  This was said to have taken place at a seaside amusement park.  The person said to be assaulted was a security guard.

The Allegation

The boyfriend of our client had been causing trouble at the park.  Security staff were trying to throw him out because he was drunk and behaving in a disorderly manner.  Whilst they struggled with him, Lauren’s client rang the police to complain about the way the staff were treating her boyfriend.  It was claimed that she hit one of the security staff on the head with her phone.  As a result of the attack the security guard received an inch long cut to his head.  He needed hospital treatment.

Free Police Station Advice

When the police tell a suspect that they want to speak to them voluntarily this is likely to create the wrong impression.  The conversation is still a police interview.  It will be an interview under caution.  It is likely to be recorded.  The information that the police gain in interview can be used against a suspect in court.

Lauren’s client realised that she was in a potentially serious situation.  She contacted Lauren to tell her about the interview and make arrangements for her to attend with her.  Lauren would be able to give her advice and protect her interests during interview. Further, because this was an interview by the police under caution the advice and representation would be free of charge.

When Lauren attended for the interview, it was clear that the evidence against the client was strong.  The police had CCTV evidence so she could be clearly identified.   They had also traced the call to the police as coming from a mobile phone registered to her.

The nature of the interview meant that any charge would be Assault Occasioning Actual Bodily Harm.  If convicted at court she could well have faced a custodial sentence.

Restorative Justice Negotiated

Lauren’s client was a single mother with two small children so was obviously very scared at facing the prospect of a prison sentence.  She admitted hitting the security guard although she had not intended to cause him such a serious injury.  She was extremely sorry for what she had done, and wanted to apologise to the victim.

As a result, Lauren advised the client to give her account to the police in interview.  It would be an opportunity to offer an apology and put forward her genuine remorse.

Lauren was then able to make representations to the police that the matter be considered for a restorative justice disposal.  These representations were successful so the prosecution was avoided. The matter was dealt with by her client writing a letter of apology to the victim.

Contact a Newark Criminal Solicitor

This case highlights the importance of instructing a solicitor in a case from the outset.  It remains important even where you may have committed an offence.  We can help you to secure the best possible outcome for you in the circumstances.  We are contracted with the government to provide free police station advice.

Lauren splits her time between our Nottingham and Newark offices. If you are due to be interviewed by the police or have a case before court then please contact her on 0115 9599550 or 01636 614013.  To send a message to her directly email her here.

Category Archives: News

As a Nottingham duty solicitor Helen Lees recently represented a client before Nottingham Youth Court.

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.

Category Archives: News

Nottingham crown court litigator Laura Clarson recently represented a client who face an allegation of conspiracy to defraud.

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

Category Archives: News

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.

Category Archives: News

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.

Category Archives: News

Trainee solicitor Elliott Moulster is through to the final of Nottinghamshire Law Society’s prestigious Hammond Cup advocacy competition following a strong performance in the first round.

The Hammond Cup is an advocacy competition open to any local trainee solicitor, pupil barrister and paralegal. Judges are local practitioners.  They look for candidates who show clarity of expression, thoroughness and, of course, persuasiveness in the arguments that they put forward.

49th year of advocacy competition

The competition is in its 49^th year so many well known names have taken part in the past.  VHS Fletchers and previous firms Varley Hadley Siddall and Fletchers solicitors had a strong tradition of encouraging trainees to take part in the competition.

As a result, several of the staff at VHS Fletchers have taken part.  They went on to qualify as criminal defence solicitors.  These include Derek Brown, Andrew Wesley, Alex Chapman, David Gittins and Lauren Manuel.

Plea in Mitigation

For the first round, Elliott was asked to present a plea in mitigation for Nelson Muntz, a character from the Simpsons. Poor Nelson found himself before the Court charged with assault by beating.

The exercise was treated like a real Magistrates’ Court hearing and so took place in one of Nottingham Law School’s impressive mock courtrooms. Although the outcome of the sentence was not announced, Elliott clearly mitigated well on behalf of his client.

The argument that he  presented was clear, reasoned and sensible. The judges were impressed enough to advance him to the final.

Final to be decided on 13 April 2017

The final takes place at Nottingham Law School on 13^th April. Elliott will be tasked with preparing a full mock trial as he faces his fellow finalists. The competition will be strong but we have every faith in him to bring the trophy home!

Good luck Elliott!

More information about the competition can be found here.

Category Archives: News

Ilkeston criminal defence solicitor Sarah Green recently dealt with a client before Derby Magistrates Court.  He faced an allegation of commercial burglary of a shop in Ilkeston.

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.