Category Archives: News

Derby criminal solicitor advocate William Bennett recently acted for a client facing sentence for allegations of possessing Class A drugs with intent to supply.  William’s representations helped secure a deferred sentence.

The starting point for sentence for supply of a single Class A drug after a trial is often in the region of four and a half years.  As a result, William’s client was at real risk of a significant prison sentence.

Two types of Class A drug

The case was unusual.  William’s client, a drug addict, had seen a drug dealer hide drugs in a public place.  He was intending to recover them later. Instead, our client stole the drugs. The drugs were both heroin and crack cocaine.  While he admitted that he would have used some of the drugs  himself, he would have sold some to other drug users for profit.

As set out above, the relevant sentencing guidelines would suggest an appropriate starting point of four and a half years.  This would be after trial.  William’s client had entered his guilty plea only on the morning of the trial.  As a result he would be entitled to a very limited reduction in sentence for his guilty plea.

William’s client had, however, used the delays in proceedings to put his life in order.  He had made massive strides towards becoming drug free and turning his life around.  On this occasion his offending was due to him succumbing to temptation in an opportunistic fashion.

Successful argument for a deferred sentence

As a result, William was able to persuade the Learned Judge to take the truly exceptional step of deferring sentence.  The Judge set our client various conditions to keep to prior to a sentencing later this year.

If he keeps to the conditions of his deferred sentence then he can expect, in due course, to receive a sentence that will not involve immediate custody.

The case was a good example of a robust but compassionate Judge being able to take an unusual course having heard cogent and well thought out submissions from the defence advocate in the case of a defendant who had demonstrated through his actions a determination to change his life completely.

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 using the form below.

Category Archives: News

Derby criminal solicitor advocate William Bennett recently represented a client appearing before Sheffield Crown Court who had taken drugs into prison.

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.

Category Archives: News

Newark criminal solicitor Ian Carter recently represented a client at a special reasons hearing.  The hearing was successful.  His client avoided the usual driving disqualification owing to the shortness of distance driven.

There are very limited circumstances in which a driving disqualification can be avoided for an offence of drink driving.  You might be able to do so if you can show that ‘special reasons’ exist that allow the Magistrates’ to use their discretion not to impose a driving ban.

Factors for a successful Special Reasons argument

In deciding on such an argument, the court will look at the following factors that relate to the offence:

• How the vehicle was driven

• The manner I which it was driven

• The state of the vehicle

• Whether the driver intended to drive any further

• The prevailing road and traffic conditions at the time

• Whether there is any possibility of danger by coming into contact with other road users

• The reason for the vehicle being driven in the first place

You will see that these factors do not relate to the personal circumstances of the offender.

Shortness of Distance Driven

In this case, Ian argued on behalf of his client that a special reason existed owing to the shortness of distance driven.  His client had been seen moving a van that had been parked on The Wharf in Newark from a roadside parking bay across to a car park.

The distance involved was no more than 30 yards.

As Ian is based in Newark he was able to visit the scene without difficulty.  He was also able to speak with a local traffic warden and discuss how the parking in that area was policed.  This was information that was used at the final hearing.

Ian’s client gave evidence to the court that she had moved the vehicle in the early hours to avoid receiving a parking ticket.  Her intention was to collect the vehicle the next day.  Our client’s partner also gave evidence in support of this account.  The agreed police evidence showed the shortness of distance driven and that the journey was concluded.

Ian was able to use court room technology to show the Magistrates’ the area using Google Maps and Street View.  This allowed the court to properly understand that the risks involved in moving the van were low.

Special Reasons found, driving ban avoided

The Magistrates found that there were special reasons not to disqualify.  The evidence given was credible and established the shortness of distance driven.  There was no  bad driving.  Due to the time there were no pedestrians or other vehicles.  This meant there was little risk to others.  The Magistrates were sure that there was no intention to drive further until the following day.  Ian’s client would have been under the legal limit to drive when she collected the vehicle.

As a result, although she was fined, Ian’s client did not receive a driving ban.  If you are due before the court for an offence that could lead to a disqualification then it will help to instruct a solicitor.  You may be entitled to free legal aid for your representation or be able to take advantage of an affordable fixed fee.

Contact a Newark Criminal Solicitor for Newark cases

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

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

Newark crime solicitor Barbara McDonnell recently represented a client in a voluntary police interview.  It was a somewhat unusual case. She negotiated an outcome that all parties were happy with.   her client had the benefit of free advice and representation.

Barbara’s client worked as an escort.  It was alleged that she had stolen a lap top from a vulnerable man in a care home.

Voluntary Police Interview

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.

Barbara’s client requested that we be present in interview.  As this was an interview under caution the advice and representation would be free of charge due to criminal legal aid.  As a result, Barbara was able to give her advice and protect her interests during interview.

Our client received advice and answered all questions put to her.  She maintained that she was not guilty of theft as she had simply forgotten that she still had the laptop. At the point she had noticed she had it she would have returned it.  Unfortunately, she had dropped the lap top and it could no longer be used.

Police take no further action

Barbara’s client was worried about the case going to court.  She didn’t want anyone to know she had been working as an escort.  As a result she had been prepared to admit to a theft and receive a caution.  In the event, because of Barbara’s advice, she was able to offer to pay the victim the cost of a new laptop.   The police took no further action against her.

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 so we can provide free police station advice.

If you are due to be interviewed by the police or have a case before court then please contact Newark criminal defence solicitor Barbara McDonnell or email her 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.