Nottingham criminal legal aid solicitor secures conditional discharge for assault
Derby criminal legal aid solicitor Stacey Mighty recently represented a client charged with an assault in a domestic setting.
It is sometimes the case that a person will make a complaint but then think better of it and not make a formal statement to the police. In these circumstances it is perhaps more important that free legal advice is sought from a solicitor on the police station.
Witness changes mind about complaint
In this case the police had received a 999 call from our client’s girlfriend stating that she had been assaulted. He had grabbed at her and scratched her face.
It appears that she simply wanted Stacey’s client taking away from the scene as once he had been arrested and taken to the police station she declined to make a statement. The scratches had, however, been witnessed by the police.
No solicitor in interview
Our client was spoken to without a solicitor present in the police interview. As a result he did not have the benefit of the free independent advice and assistance that a criminal legal aid solicitor could have provided.
He made admissions to the offence which meant that the prosecution did not need a statement from his partner in order to proceed with the case. His position was aggravated by the fact that he had previous convictions for violence.
Early guilty plea
Stacey advised him to enter an early guilty plea to the charge. She was able to persuade the Magistrates that the assault was minor in nature and did not lead to serious injury. As a result, the court felt able to impose a conditional discharge in the circumstances of this case.
Our client was no doubt fortunate that when the matter came to court he chose to take advantage of the advice and representation that is available under the Magistrates’ Court legal aid scheme. Stacey presented the case in a way that allowed the Magistrates’ to take a lenient view.
Instruct a criminal legal aid solicitor
Under our criminal legal aid contract our advice and representation at the police station will always be free of charge to you.
If you are financially eligible the Legal Help scheme will allow us to undertake early preparation during the investigation stage, such as seeing witnesses or securing other evidence on your behalf.
The Magistrates’ Court legal aid scheme is means and merits tested. If you are granted legal aid then our services will be free.
Legal aid will always be granted for Crown Court cases subject to means. Dependent upon your circumstances, there may be a contribution from your income or capital. If you are found not guilty of the charges then the money will be returned to you and your representation will have been free.
Please call Stacey at our Derby office on 01332 546818. Alternatively use the contact form below if you wish to discuss your case.