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News

Considering becoming a legal aid lawyer? Here is a typical week

legal aid lawyer
Chesterfield partner and crime solicitor David Gittins

Where possible, VHS Fletchers is a solicitors’ firm committed to encouraging those interested in joining the legal profession.  We welcome law students who are keen to find out what it is really like to be a criminal defence solicitor and legal aid lawyer.

Work placements can be hard to come by, but if you are local to one of our East Midlands offices then please contact us to see if we have space at one of them at a mutually convenient time.

VHS Fletchers are also keen to encourage those interested in joining the legal profession and welcome law students keen to find out what it is really like to be a Criminal Defence Solicitor. Work placements can be hard to come by so for those unable to secure a placement below is a description of Chesterfield partner and Crime Solicitor David Gittins typical week.

Monday

David was in the office early meeting Natalie the work placement student to show her the sort of work undertaken by a legal aid lawyer.  They then walked over to Chesterfield Magistrates’ Court to represent a client who in the end failed to attend.

As a result, there was a lengthy wait before a warrant was issued, but David was able to use the time preparing for a later appointment to take instructions in relation to an upcoming trial.

It appears that the tone had been set for the day, and that client failed to keep his appointment.

David also undertook some preparation for his second appointment of the day.  This again related to a forthcoming trial at Chesterfield Magistrates’ Court.

This was a particularly important appointment as the trial was listed before the court for a prosecution application to let the Magistrates’ know about his client’s previous convictions.  David had hoped to discuss the convictions in detail to help him know how best to argue against the application.

This final client of the day also failed to attend his appointment.

Tuesday (day)

David was at Chesterfield Magistrates Court again on Tuesday.  This time he was acting as court duty solicitor.  This means that he would act as a legal aid lawyer for those defendants who hadn’t instructed a specific solicitor to act for them.

When David attended court he would not know the type of cases that he would be dealing with.  In the end he represented two clients who had attended on bail and one in the cells.

He returned to court in the afternoon to complete all of the cases,  including the representation of one defendant who had pleaded guilty to drink driving.

In between cases, David was able to discuss a case for the following day that needed the input of a consultant psychiatrist due to his client having difficulties with his mental health.

At the end of the normal working day, David saw a new client at the office who had been recommended to him.  He was able to take instructions and submit a legal aid application online.

Tuesday (night)

That night David was on call as one of the lawyers staffing the firm’s out of hours police station rota to provide emergency advice and assistance to those being interviewed under caution by the police.

Although it would no doubt be preferable to interview suspects during normal working hours, the police often think it appropriate to interview at any hour of the night.

Although legal aid lawyer David only represented a single suspect during this period he travelled to Chesterfield police station at 8.45pm to represent his client who was accused of assault.

Free advice was provided and the client was released under investigation whilst the Police continued to investigate the offence.

David returned home shortly before 1 am but had to be back at his desk the following morning to complete that day’s work.

legal aid lawyer
Chesterfield police station

Wednesday (day)

David returned to Court on Wednesday morning to successfully resist the bad character application being made by the prosecution.

He also represented the client with mental health difficulties in their absence as they were not well enough to attend court.  The case was adjourned to a future date.

On returning to the office David also spoke to the client that he had represented in the police station the previous night.  Although we do not carry out family work he was able to signpost her to a family solicitor who could help with the issues arising following her arrest and release.

David returned to Chesterfield Magistrates’ Court for the afternoon session.  He represented a client who was to be sentenced for a theft allegation.  Unfortunately, due to the delays at court, this case was not called on until 4.30pm despite a bail time of 1.45pm.

Wednesday (night)

David was again involved with our out of hours rota.  He was the coordinator for the scheme, which meant that he took the emergency calls from the Duty Solicitor Call Centre, police and clients or their families resulting from arrests.

Whilst David can complete this task from home with the use of his mobile phone, calls continue throughout the night.  David deployed his colleagues to the police station at 9.30pm and a little after midnight.

A spare room is always helpful when coordinating the rota.

Thursday

David, suffering from a lack of sleep, was back at Chesterfield Magistrates’ Court at 9.30am to represent a client who had previously pleaded guilty to assaulting his partner.  David successfully argued for a community order.

The rest of the day was spent by David completing work arising from cases he had dealt with that week and preparing files for future court dates.

Friday

David was again court duty solicitor at Chesterfield Magistrates’ Court.  He dealt with a client who faced an allegation of unlawful possession of a firearm.

Saturday

Magistrates’ Courts across the country also sit on a Saturday morning to deal with defendants who have been refused bail by the police.  Again we provide representation at these courts as part of our out of hours emergency rota.

David was represented two clients before Nottingham Magistrates’ Court.  The first client faced a very serious allegation of possession with intent to supply cannabis as part of an organised crime gang.  This client was remanded into custody having insufficient community ties to ensure attendance at future court dates for such a serious offence.  David was assisted by a Lithuanian interpreter in this case.

The second case was at the other end of the spectrum in terms of seriousness, although it was serious to his client.  David’s other client was simply charged with shop theft.  However, what should have been a simple matter was delayed by the police as the client was not brought through to the cells until his methadone could be located, leading to a wait of several hours.

Considering becoming a legal aid lawyer?

We are currently advertising for the post of trainee solicitor at our Chesterfield office.

There are plenty of articles on our website that show you the kind of work that you will undertake both before and after qualification.

Read more in our news section.

A legal aid lawyer will only gain the experience necessary to provide expert advice in the field of criminal law by being part of a busy practise.  We can offer that experience.

We look forward to hearing from you with either your request for work experience or application to be a trainee solicitor.

News

New machines target drink drivers with roadside breath tests

The government has announced its intention to use new breathalysers to administer roadside breath tests.  This move could see a further 6,000 convictions per year for those who drink and drive.

Roadside breath tests followed by evidential tests

At the moment, breath test procedures are in two stages.  Those who test positive during roadside breath tests will be arrested and taken to a police station.   This is for a further test to be administered.  The second test is known as the ‘evidential test’.  It is the result of this test that forms the basis of any prosecution decision.

The gap in time between the first positive roadside breath tests and the ones administered at the police station may be significant enough to ensure that a person blows a negative reading.   This would be due to falling alcohol levels over time.  In some cases, however, the reverse can also happen.

Although the law permits ‘back calculations’ to be undertaken,  the evidence base is such that they are seldom used by the prosecution in this scenario.  As a result it has been argued that some drink drivers go free.

The legislation providing a procedure for definitive evidential roadside breath tests is already in place.  In June 2018 the government has announced a competition aimed at device manufacturers, with the aim of ensuring that suitable devices are approved and in use for roadside breath tests by 2020.

Around 460 000 breath tests are conducted each year.  Approximately 59 000 people providing a positive reading.

Approximately 6 000 people provide a positive reading at the roadside but are later found to be under the limit when tested at the police station.  This change will see those people prosecuted.

In many instances these will be people who have ‘gambled’ on a quick lunchtime drink or have not allowed quite enough time to sober up from the night before.

The changes will also reduce the scope for so-called ‘loophole defences’.  These have been made popular due to the complexities of the police station procedure. It is expected that decades of case law will become redundant once the new devices are being used.

Experience does, however, tell us that legal challenges will continue to be developed even when other avenues of law are closed to suspects and defendants.

The penalties for drink driving are severe.  There are minimum periods of disqualification.  These can be combined with high financial penalties and punishing insurance premiums for many years to come.  Prison sentences will be imposed in the most extreme cases.  As a result, many offenders face the loss of employment.

How can we assist?

Our motoring solicitors are experts in all aspects of drink and drug driving law. This is one of the most complex areas of criminal law.  Early advice should be sought to ensure that you achieve the best outcome in your case.

In some recent cases we have successfully argued a medical defence to failing to provide a specimen, argued special reasons to avoid a disqualification from driving   and conducted  a trial securing a not guilty verdict for our client facing drug driving charges.

In some case, such as this one, our clients accept that they are guilty but wish to mitigate the usual effect of a conviction, such as a disqualification.

We have expert road traffic lawyers at our six offices across the East Midlands.  Find your nearest office here.  Alternatively you can use the contact form below.

Contact

 

News

Chesterfield motoring solicitor keeps taxi driver’s licence

Chesterfield Motoring Solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban.  This would have meant the loss of his job as a taxi driver and a substantial impact on his 4 children.

David’s client had been caught driving at 76 mph in an 30 mph speed limit close to Chesterfield Town Centre. David’s strong advocacy  and diligent preparation enabled the client to keep his driving licence.  Instead he left the court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of choosing a local Chesterfield motoring solicitor carefully.  Surprisingly, David’s client had tried to instruct another local solicitor’s firm.  They had declined to take the instruction as they didn’t believe he could save the Defendant’s driving license.

Benefits of a local Chesterfield motoring solicitor

David’s client told him that he had been caught speeding whilst driving out of Chesterfield town centre along Derby Road at excessive speeds.  With local knowledge, David was immediately able to recognise the seriousness of the situation.

David’s client had been running late and had made a terrible error in trying to make up time by grossly exceeding the speed limit.  His client did not dispute the speed.  He indicated to David 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 piece of driving.

Our client required his driving licence to be able to work.  David had to make his client aware that due to the level of speed the Court would consider imposing an immediate driving disqualification  of up to 56 days.

As a Chesterfield motoring solicitor, David knew that the local Magistrates would also know the road in question.  Because of this he knew that the only way in which he could keep his client’s license was to prepare detailed mitigation to present to the Court.

David had two lengthy conferences with his client in advance of the Court hearing.  This was to take details of how a disqualification would impact upon him, his wife and their four children.  For example, he provided transport to a separate school for each child, as well as to a variety of after school activities. Bluntly put,  if the client lost his license it was almost impossible for the children to attend school on time due to their age and the travel involved.

David preparing a map to show the court the acute difficulties that his client’s children would face.  He also secured references on behalf of his client.  For example, his client was involved in the local community tackling drug addiction.

Penalty Points rather than a driving ban

As a result of this detailed preparation and strong advocacy, David was able to present his client’s mitigation in an extremely effective way.  Because of this, the Magistrates’ were persuaded to take a lenient approach.  David’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

chesterfield crime solicitor David Gittins
Partner and Chesterfield motoring law solicitor David Gittins

If you require the advice and representation of an expert motoring solicitor then please contact David at our Chesterfield office on 01246 283000 or use the contact form below.  Details of our Chesterfield office can be found here.

David  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.

chesterfield motoring solicitor

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News

Good Character on Trial – Not Guilty Verdict

good character trial nottingham crime solicitor
Nottingham criminal defence solicitor Graham Heatchcote

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.

good character trial criminal defence lawyer
Nottingham Magistrates’ Court

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.