Magistrates’ Court representation secures discontinuance
Derby crime solicitor Stacey Mighty provided advice and representation to a client charged with an allegation of criminal damage. She had already provided free and independent legal advice to her client in police interview. Stacey then gave her client the continuity of representation that he wanted by going on to provide Magistrates’ Court representation.
Denied allegation of criminal damage
Our client faced allegations that he had had damaged his girlfriend’s property. You can read more about the law on criminal damage here. He was denying the allegation. Further, our client believed that his girlfriend was no longer interested in cooperating with the prosecution.
In this case, the complainant in the case had told the police that she did not want to pursue the allegation. As a result the prosecutor at court already knew that was the case. Despite this a decision had been made that the prosecution should continue.
Prosecution in the public interest?
Stacey had made representations prior to the case being heard that the prosecution should simply drop the case. It was a minor allegation and it could not be in the public interest to proceed when the witness was no longer interested.
Other factors suggested that the prosecution was not necessary:
- there was no history of domestic incidents
- a defence had been put forward in interview
- our client’s limited convictions
- there would be a need to force the witness to attend court
Magistrates’ Court representation by solicitor will make a difference
Stacey’s client pleaded not guilty due to the position adopted by the prosecution. He was ready to contest the case at trial. The case was, however, listed before a District Judge in the Magistrates’ Court.
Stacey took the opportunity to raise the same issues again but with the Judge. He shared Stacey’s concerns as to whether the case should proceed.
Instead of listing the case for trial the District Judge gave the prosecution two weeks to fully review the decision to proceed. As a result of Stacey’s representation at court the prosecution decided to discontinue the charge. This decision ultimately meant that the resources of the prosecution and the court could be diverted to other cases.
Stacey’s client avoid the risk of being convicted after trial before Magistrates.
Contact Derby crime solicitor Stacey Mighty
The benefit of instructing specialist crime solicitors VHS Fletchers solicitors is that we will aim to provide you with continuity of representation at the police station and Magistrates’ Court.
This means that the solicitor with knowledge of your case will deal with you throughout proceedings where possible. This case demonstrates the benefits of such an approach.
Our independent legal advice in the police station is always free of charge to you. You can read some of the benefits of our advice in the police station here.
Magistrates court representation will often be available under the criminal legal aid scheme. You can read more about that here.
Whether you need free legal advice in the police station or Magistrates’ Court representation please call Stacey to discuss your case. She can be contacted on 01332 546818. Alternatively you can use the contact form below.
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