Chesterfield Criminal Solicitor – No Case to Answer
Chesterfield criminal Solicitor David Gittins recently used all of his court experience to successfully argue at trial that there was no case for his client to answer. This would mean that all charges would be dismissed. As a result his client would be not guilty of the offences. Previous criminal behaviour need not mean that a person is inevitably guilty of new offences.
The Allegation
David’s client had been arrested and charged with an allegation of criminal damage. The background was one of anti-social behaviour directed towards a neighbour. A restraining order had been put in place as a result.
The complainant, as well as having the protection of a court order, had also put up CCTV . This was specifically to cover a passageway between the two properties.
The allegation was that David’s client had damaged this camera. Although the damage was not caught on the camera, and there were no eye-witnesses, the prosecution had chosen to bring the case to court. The case was brought on the basis of our client’s poor behaviour in the past and because he was in the area at the time the camera was damaged.
Although David’s client had denied the offence in police interview, he appeared to accept causing damage by catching himself on some low hanging wires in the dark. He himself had called the police the following day to give that account.
The Trial
David had seen his client to take instructions and provide advice on on several occasions before the trial date. David had also taken the time to visit the property. He took photographs to allow the Magistrates to fully understand the scene.
These instructions allowed David to develop a case plan ensuring that he knew what evidence was required from the witness to secure an acquittal for his client.
At trial the owner of the CCTV attended and gave evidence about the its location and how and when it was fixed to the wall. During his evidence the witness accepted “it was possible” that some of the wires may have dropped. David knew this answer was key. Previously in discussions with the prosecution, it was claimed that there were no such wires.
The witness gave evidence for the prosecution for over 30 mins. David then questioned the witness himself, although he chose to only a small number of questions. This questioning only lasted three minutes.
After the prosecution case had finished, David made an application that the case ought to be dismissed. This was because there was simply no evidence upon which his client could be convicted. The prosecution witness had confirmed what his client had said about loose wires. There was no eye witness testimony to the incident. As a result there was no evidence to challenge his account.
The Magistrates retired and returned a short while later accepting David’s argument and dismissing the case.
His client was delighted as he was subject to a Suspended Sentence Order so any conviction would have almost certainly resulted in a prison sentence.
Criminal legal aid in the Magistrates’ Court
Legal aid is available for advice and representation before the Magistrates’ Court. It is dependent upon our clients satisfying the legal aid agency of the merits of their cases and that they qualify on their means.
In this case, David’s client had the benefit of legal aid which means that his representation was free of charge to our client.
Instruct a Chesterfield criminal solicitor
Whether you find yourself under investigation by the police, or facing proceedings before the Magistrates’ or Crown Court, you will want to instruct a specialist Chesterfield criminal solicitor to present and argue your case. We will give you a clear idea of what needs to be achieved and how it can be will benefit you.
There are many reasons to take advantage of our free and independent legal advice in police interview. You can read about those here.
If you wish to instruct Chesterfield criminal solicitor David then please telephone him on 01246 387999 or contact him using the form below. Details of your nearest office can be found here.
