Category Archives: News

Notttingham crime solicitor Graham Heathcote recently represented two clients from the Nottingham Polish community who were charged with similar allegations of disorderly conduct, and one with two allegations of police assault.

Although both were convicted of the public order offence, there were not guilty verdicts for the police assault allegations.

Neither client had been in trouble with the police before.  They decided, along with others, to stage an impromptu, unlicensed, boxing match in the street in the Forest Fields area of Nottingham.  Unfortunately it all gets out of hand to the extent that a member of the public calls the police.

Three police cars attended the incident.  One of the group, represented by another firm of solicitors, was arrested.  The police wanted to arrest Graham’s client.  The decision to arrest was based on the description of one of those involved.  This was given by the eye-witness who called the police.

The police witnesses alleged that Graham’s client backed off and  gestured as if he wanted to fight the police.  It was then alleged that our client grabbed a female officer in a headlock, taking her to the ground.  On the way to the floor it was claimed that he kicked a second officer.

The third Polish male was arrested for the public order offence based on the witness account, and he was initially represented by Nick Walsh of VHS Fletchers.

Graham’s client pleaded not guilty to all of his charges.  Nick’s client pleaded not guilty to the public order offence.  Unfortunately, legal aid was refused for Nick’s client despite his good character and the challenge to police evidence.  This is because the charge did not carry a prison sentence.

Legal aid was also initially refused for Graham’s client on the basis of his financial means.  Graham pursued a hardship application with the Legal Aid Agency and legal aid was eventually granted to ensure his free representation before the court.

Pro Bono Representation

Unfortunately, the hardship application was not decided until two days before the trial.  As a result, little time was left for preparation.  Graham felt able, however, to represent the second client without legal aid on a pro-bono, or free, basis to ensure that he had a fair trial.  As a result, this client did not have to pay for his representation.

 Decisive evidence from cameras

CCTV footage was obtained from the street.  Unfortunately the incident was in the distance.  It was grainy and not helped by poor lighting.  It did not appear to show a great deal of the incident.

Graham took the time to slow the footage down and was able to blow up the footage.  If watched frame by frame the camera captured the police jumping on Graham’s client.  They then took him to the floor before the incident disappeared from view behind a police car.

This footage alone cast doubt on the truth of the police allegation that Graham’s client was the aggressor and put an officer in a headlock.  He would also have seemed to be too far away from other officers to kick any of them.

Graham’s second client had continued to film the incident on his mobile phone once it had gone out of view of the street CCTV.  Although the police denied it, one of them was seen on the CCTV taking our client’s phone off him and then returning it.  Our client maintained the officer deleted the footage.

Graphic footage retrieved from mobile phone

The footage was able to be retrieved from the phone despite the police attempts to delete it.  It showed the confiscating officer slamming our client’s head on the pavement.  The footage was so graphic that the court usher was heard to gasp when it was played.

Of course, in part the prosecution case was dependent upon the truthfulness of this officer.  This was the same officer who denied the confiscation of the phone and assaulting the client.  This evidence was proved to be untrue.

The only type of camera footage missing was police BodyCam footage.  Although six police officers in total attended and body cameras are now issued as standard to all front line officers apparently not a single officer was wearing one.

Not guilty of police assault

Although both clients were convicted of the disorderly conduct mater relating to their earlier behaviour, the client charged with police assault was found not guilty of both offences.

Contact a criminal solicitor in Nottingham

With the right representation (in this case free for one client) and preparation (even at short notice) police evidence can be successfully challenged.  Here, if convicted, one of our clients was likely to be receive a prison sentence.

Choosing the right criminal lawyer who will properly prepare and present your can make the difference between guilty or not guilty verdicts.

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.

Category Archives: News

Nottingham crime solicitor Graham Heathcote recently dealt with a trial arising out of a near accident involving a van for a client of good character.

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.

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.

Category Archives: News

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where the Defendant was at real risk of a driving ban.

Kevin’s client was caught driving at 80 mph in an 50 mph speed limit. Kevin’s advocacy skills and ability to use modern technology, enabled the client to keep his driving licence, leaving court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of instructing a local motoring solicitor.  Kevin has worked as a criminal defence solicitor in Chesterfield for many years and knows the roads around Chesterfield, including into High Peak, very well.

Benefits of a local Chesterfield Motoring Lawyer

Kevin’s client told him that he had been caught speeding whilst driving on the Snake Pass between Chesterfield and Manchester.  Kevin was immediately able to recognise the seriousness of the situation.

Snake Pass winds its way through the High Peak with very limited opportunities to overtake other road users.  Drivers are regularly driving at less than the stated 50 mph.  The road is regularly used by farm vehicles and haulage companies. This leads to drivers becoming increasingly frustrated during their journeys.   There are often accidents which leads the police to monitor the road closely.

Kevin’s client was running late and took an opportunity to overtake another vehicle.  In doing so he accelerated to 80 mph and was caught by a Police mobile camera. The client did not dispute the reading and indicated to Kevin his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this manouever.

Our client required his vehicle for work.  Kevin had to make his client aware that due to the level of speed the Court would consider imposing a driving ban of up to 56 days.

Use of Click Share Technology to Present Mitigation

As a Chesterfield motoring solicitor, Kevin knew that the local Magistrates would also know the road in question.  They would be concerned by the driving.  The road is extremely long, however, and where the offence took place was potentially important to the sentencing decision.

As a result Kevin located the area of the incident on his laptop.  He was show this to the sentencing Magistrates via the Click Share system.  He demonstrated that whilst the speed was excessive, it was along one of the straighter parts of the road rather than during the more twisty stretches of the road.

Penalty Points and no driving ban

As a result of his knowledge, Kevin was able to present his client’s case in an extremely effective way.  This, in combination with his expert presentation of personal mitigation, led to the Magistrates’ taking a lenient approach.  Kevin’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

If you require the advice and representation of an expert motoring solicitor then please contact Kevin at our Chesterfield office on 01246 283000 or email him here.  Details of our Chesterfield Office can be found here.

Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.

Category Archives: News

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

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.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

Tim Haines can be contacted on 01623 675816 or by using the form below.

Category Archives: News

Experienced Derby Crime solicitor Nick Wright recently represented a vulnerable 12 year old client charged with a serious sexual offence involving another child.  He appeared before Derby Youth Court.

As a senior solicitor, Nick had the knowledge and ability to be able to deal with such a serious case that would, in the case of an adult, be before the Crown Court.

Case Remained in Derby Youth Court

Nick was able to support an argument that his client’s case remain before the Youth Court.  This was likely to mean that the proceedings were less formal and would be less stressful for both his client and any young witnesses who had to attend court.

A case of this sensitivity involved numerous meetings between Nick, the client and his family.  It was identified at an early stage that Nick’s client would benefit from an assessment by a child psychologist.  The report prepared confirmed that if the matter proceeded to trial Nick’s client would need the benefit of a trained and registered intermediary so that our client would be able to follow proceedings properly and give evidence, if necessary, to the best of his ability.

Child Psychologist and Registered Intermediary Instructed

As the case progressed and the assessments were completed, Nick continued to meet with the family and his client.  As Nick was able to explain the evidence to his client, his client’s account began to change.  By the end of the process it was clear that he was admitting some but not all of the offending alleged against him.

Nick was able to use his judgement to decide that owing to his client’s vulnerabilities this did not seem like a case where anyone would expect to see his client in custody.  As a result, it seemed likely that the prosecution would be prepared to proceed on the basis of what the client accepted.

Agreed Basis of Plea leads to Referral Order

As a result Nick negotiated with the prosecution pleas to a single offence, and on a basis of plea that reflected what his client accepted doing.  This was accepted by the prosecution and the District Judge managing the case.

Taking into account the reports obtained during the case, and with input from the Youth Offending Team,  the District Judge sitting at Derby Youth Court imposed a Referral Order for the offence.  This is an order designed to intervene in a young person’s life to try and ensure that there is no further offending.

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 crime solicitor Nick Wright recently represented a client who had been subject to a ‘postal requisition’ bringing him before Derby Magistrates’ Court for an allegation of Disorderly Conduct.

The system of postal requisition has replaced the old summons in order to commence court proceedings.  Strict time limits apply to many cases.

Case commenced by postal requisition

The allegation was one that perhaps ought to have been given priority by the police.  It involved an allegation from a local Member of Parliament who maintained that a vehicle had been driven past her while she was attending to her bins.  The driver, as the vehicle went by, was said to have shouted ‘I hope you die’, swearing and using additional abusive language.

The complainant had the presence of mind to take the registration number of the vehicle as well as its description, and was able to describe the driver.

The police believed that the incident arose due to the MP’s political beliefs.

Admitted Presence

On arrest, Nick’s client admitted that he was the driver of the vehicle, accepted that he had been shouting, but denied that he was shouting at the MP.  He denied knowing she was on the road, and stated that the shouting was during an argument and the circumstances meant that he was not guilty of the offence.

Always read the small print

There was not an opportunity for the matter to be argued at trial.  As the charge could only be dealt with in the Magistrates’ Court it was subject to a 6 month time limit to start proceedings.  In fact, proceedings were authorised nearly a month after this time limit expired.  As a result, once Nick identified this as an issue and spoke with the prosecutor, the prosecution had no alternative but to withdraw the charge.

Contact a Derby Criminal Defence Solicitor

If you are being investigated by the police or face court proceedings then you will need a solicitor to take the time to examine all of the evidence, including whether a postal requisition has been properly issued in time.

Nick Wright can be contacted by telephone on 01332 546818 or by email here.  Details of our Derby Office can be found here.

Category Archives: News

Nottingham crime and regulatory solicitor Martin Hadley represented provided advice and representation to a client in police interview, then continued with his case before Nottingham Magistrates’ Court.  The decision relating to a ‘no comment’ interview made in the police station influenced the Crown Prosecution Service decision to drop the case before trial.

Arrest for Criminal Damage

Martin’s client was Initially arrested for a criminal damage.  Prior to police interview the interviewing office was unable to provide Martin with a great deal of evidence upon which to take instructions and advise his client as to whether he ought to answer questions in interview or not.

‘No Comment’ response to questions

Owing to this lack of evidence, Martin advised his client to respond ‘no comment’ to police questions in interview.  His client accepted that advice.  He was then placed on police bail to return to the police station.  On returning to the police station there was no further police interview.  Martin’s client was simply charged with the offence which investigations had revealed was now one of high damage.

Martin represented his client at the first court appearance.  He was presented with only a summary of the case.  There were no detailed police statements.  His client pleaded not guilty and the case was adjourned to trial.

Poor quality CCTV

Despite chasing the CPS, the evidence that the prosecution intended to rely upon, including CCTV  of the incident. The footage was of a poor quality, and the remaining evidence was contradictory.

On attending court for the trial, Martin was able to speak with the prosecutor to check that he shared Martin’s view about the state of the evidence.  The prosecutor was in agreement that he would be unable to prove the case and offered no evidence.  Martin’s client was found not guilty.

Advice led to not guilty verdict

Had Martin’s client not had the benefit of his advice at both the police station and court it was likely that he would have provided the police and prosecution with information or evidence that would have strengthened the case against him and may have left him with a conviction, a punishment from the court and compensation and costs to pay.

Circumstances in which a person might consider exercising their right to silence with a ‘no comment’ interview are discussed here.

Contact a Criminal Defence Lawyer

This case demonstrates that a specialist criminal defence solicitor from VHS Fletchers can make a difference to the outcome of your case.  This is particularly true when we are instructed at the beginning of your case when you have your first police interview.

You can read a number of reasons why you ought to seek our free and independent legal advice in police interview here.

We will always advise you about the availability of legal aid to fund your defence in the Magistrates’ Court.  You can read more about legal aid funding here.

You can contact Martin Hadley on 0115 9599550, or you can find a solicitor at your nearest office here.

Alternatively you can use the contact form below:

Category Archives: News

Nottingham criminal solicitor Jameel Malik recently represented a client who had attended Central Police station as a volunteer for police interview.  She had requested the duty solicitor and Jameel attended.

His client was due to be questioned in a police interview under caution as she was said to have used a Bluetooth earpiece to obtain answers from somebody outside the testing room while taking her theory test.

This behaviour, if true, would amount to the offence of attempted fraud as she had not actually passed the test.  When the offending had been detected she had potentially made matters worse by running away.

The matter could have been taken seriously by the police.  Such behaviour has the capability of undermining the integrity of the testing system.  Jameel was aware of a case that had recently been dealt with before Nottingham Crown Court where, in similar circumstances, that offender had received a sentence of 4 months immediate custody.  Details of that case can be found here.

Jameel’s client had not been in trouble with the police before.  She was accepting her responsibility for the offence.  She was in the unfortunate position where she had paid to sit this test seven times without success.

Following her admissions and expressions of remorse during police interview, Jameel was able to negotiate an out of court disposal for his client.  She was relieved to be offered Restorative Justice.

Contact Jameel about your police interview

A police interview under caution will always be free of charge to you under the legal aid scheme.  This is true whether you are under arrest or being interviewed as a volunteer.  It is also true whether the interview takes place at a police station and is recorded, or in your own home and is written down.

If you know that you are due to be interviewed then you will be able to make arrangements for Jameel to attend the interview with you so that there are no delays and he can look after your interests from the start.

Please contact Jameel on 0115 9599550 or email him here.

Category Archives: News

Nottingham criminal solicitor Martin Hadley recently represented a client who was jointly charged with allegations of production of cannabis and possessing it with intent to supply before Nottingham Magistrates’ Court.

Despite a relevant history of previous offences and very strong evidence, he was able to persuade the prosecution to accept a lesser charge.  As a result, committal to the Crown Court for sentence and a likely prison sentence was avoided.  Further, he represented her under an affordable fixed fee agreement.

Production of Cannabis

The police visited the address of her and her partner, the co-accused.  When the address is searched, the police discover significant amounts of cannabis in the kitchen cupboards.  There also cannabis growing in the loft.

In interview Martin’s client had accepted that she knew about the cannabis grow, but denied that she had been involved with the actual production of the cannabis.  In effect, she was accepting that she had permitted her premises to be used by her partner for cultivation of cannabis.

Although representations were made at an early stage that this would be an appropriate charge, the prosecution did not accept the plea that was offered.  This was perhaps unsurprising as Martin’s client had two previous convictions for production of cannabis, one of which had resulted in confiscation proceedings.  She had also failed to comply with a community order previously imposed.

As a result, Martin had advised her to plead not guilty to production of cannabis and the matter was adjourned for trial.

Plea to an alternative charge

Martin attended trial to represent his client. He renewed the representations to the prosecutor in court and this time they were received more favourably.  His client was able to plead guilty to the alternative charge.

Bearing in mind her record, Martin was unable to provide any guarantees that she would escape a prison sentence.  His experience and judgement, however, led him to believe that the lesser charge in combination with her personal mitigation would allow her to keep her liberty.

After hearing all about the case and listening to Martin’s expert mitigation aimed at avoiding custody, the Magistrates’ felt able to impose a Community Order.  The only elements were residence combined with an 8 week electronically monitored curfew.

Fixed Fee Funding

Martin’s client was not entitled to legal aid.  Her income was just outside the entitlement threshold.  As an experienced criminal defence lawyer, Martin was able to estimate how much preparation would be involved in the preparation and presentation of the case and agree affordable fixed fee representation.

Contact a Nottingham Criminal Defence Lawyer

If you are to be interviewed by the police or face court proceedings then please contact Martin Hadley on 0115 9599550 or email him here. He will advise you as to how best to fund your case, whether that be through legal aid, a fixed fee or hourly rate.

Category Archives: News

Chesterfield Crime solicitor David Gittins was recently instructed  by a client who faced an allegation of assault in a domestic setting.  The case was heard before Chesterfield Magistrates’ Court.

The case called for thorough and diligent preparation.  This included the development of a complex legal argument at a very late stage.  The argument resulted in the prosecution choosing not to pursue the case further.  David’s client had the benefit of a not guilty verdict.

We had represented our client during the investigation stage and David conducted the case before the Magistrates’ Court.

The Allegation

In November 2016 the David’s client was at his home address with his then partner.  An argument began which lasted several hours began. During the argument our client was said to have headbutted the complainant on 3 occasions and tried to bite her to the neck.

David’s client left the address and the police were called immediately by the complainant.  She had a visible injury to her head.

Full Account in Interview

When spoken to by the police, our client accepted that he had been present but had a different version of events.  He said that upon telling his partner during the argument that he was going to leave the property and see a friend the complainant attacked him.  She pushed her head into his, and our client had to push her away so he could leave.

He was again prevented from leaving by being pulled backwards.  Our client again pushed her away fearing a further attack. He said he acted in reasonable self defence and he was in fact the victim.

This account was given in police interview when he was represented by accredited police station representative Rob Lowe.

The Trial

There were no other witnesses to the incident, so David set out to locate information gathered during the police investigation that would strengthen his client’s case.

David obtained a copy of the photograph taken of his client on arrest.  This and the custody record showed that he had no markings to his face supporting the idea that he had headbutted his partner.

Bad Character Evidence

Additionally, David attempted to secure information relating to an earlier incident from August 2016 when his client had called the police alleging that he had been assaulted.  Secondly David wrote to the CPS asking for information about an incident from August 2016 when the Defendant had called the Police alleging that the complainant in this matter had assaulted him.  This might support his client’s account in this case.

This information arrived very late.  This meant that David had to immediately draft an application for his bad character evidence to go before the trial court.  Although the prosecution responded, the response was supplied late and did not contain all of the information that it should.  The hearing was adjourned to the morning of the trial.

The additional information served was previous court decisions.  In fact, they did not help the prosecution.  David addressed the court on the application and this case law.  The court ruled in his client’s favour.  As a result, David was able to ask the complainant about this earlier incident.

Perhaps knowing that David’s client was in the right, the complainant did not attend court for the trial at Chesterfield Magistrates’ Court.  Although the prosecution could have applied to adjourn the case, the work that David had done persuaded them not make the application.  No evidence was offered and he was found not guilty.

Client Feedback

David’s client was very pleased, with this outcome, and after the hearing took the time to send David an email thanking him “for everything and the support you’ve provided in the case.”

Funding

David’s client did not have the benefit of legal aid for his case before Chesterfield Magistrates’ Court.  This was because his income was too high.  He therefore instructed David on a private basis. David gave a realistic and affordable quote from the outset with the Client being kept informed throughout by email, phone and office appointments.

At the conclusion of the David was successful in securing a Defendant’s Costs Order meaning that David’s bill would be paid out of Central Funds by the government and cost the Defendant nothing.

Contact David Gittins for Chesterfield Magistrates’ Court

Should you wish to contact Chesterfield crime solicitor David Gittins, please telephone him at our Chesterfield office 01246 283000 or email her here.