Tag Archives: mitigation

News

Prison avoided for football related disorder

football related disorder
Chesterfield football law solicitor David Gittins

Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis.  On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control.  This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.

Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s.  On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.

Football related disorder

Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”.   This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans.  This included a serious incident in a pub close to the Proact Stadium.

The pub was designated for “home supporters only”.  However, a number of Wrexham fans gained entry.  This resulted in what the police describe as a ‘hostile environment’.  During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans.  Thankfully nobody was caused injury.

Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.

football related disorder

The police investigation

After the match Derbyshire Police trawled CCTV relating to the incident.  A number of arrests were made.   Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour.  This postal requisition gave him the date that he was required to attend court.

It was only at this point that David was instructed to assist.  Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.

Once legal aid was granted, David spent several hours watching the CCTV in the case.  He analysed the evidence in full before advising his client on the strength of the evidence against him.

Early guilty plea to football related disorder

David attended Court with his client who entered a guilty plea.  This would secure him maximum credit on sentence. A probation report was prepared.  Our client was a risk of a sentence of imprisonment.  The starting point for offending in these circumstances is 12 weeks in prison.

After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom.  He received a suspended prison sentence of 3 weeks.

Inevitable Football Banning Order

The police in this case applied for a football banning order.  Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days.  This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.

David was able to persuade the Magistrates’ that such additional conditions were unnecessary.

Contact one of our football law solicitors

If you are arrested or know that the police wish to speak to you about football related disorder then 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 and will happily travel across the country to provide representation for all football related offences.

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News

Can I get a suspended sentence?

A suspended sentence is a term of imprisonment that is suspended so that you do not go into custody immediately.  Further, you will not go into custody if you comply with the conditions attached to the order.

Who can get a suspended sentence?

suspended sentenceIn the Magistrates’ Court, any sentence of 6 months’ imprisonment (12 months for two or more either-way offences) or less can be suspended.  In the Crown Court, any sentence of 24 months or less can be suspended.

The minimum length of imprisonment for a suspended sentence is 14 days.

It follows, therefore, that if your offending is deserving of a sentence above the maximum level, or you are sentenced as a dangerous offender, you will not be able to receive a suspended sentence.

A suspended sentence is also not available for youths.

When can a sentence be suspended?

suspended sentenceThe sentencing court will first consider whether or not a custodial sentence should be imposed.  In legal terms the court decides whether the “custody threshold” has been passed.

If custody of one of the lengths discussed above is imposed, the Court can then move on to decide whether it can be suspended or not.

In considering whether the sentence can be suspended the Court will look at the particular circumstances of the offence and offender and consider a sentencing guideline that applies to this scenario.

Factors to consider would be:

  • whether there is a realistic prospect of rehabilitation
  • strong personal mitigation
  • the impact of immediate custody on others.

Mitigating against a suspension would be that

  • the offender is a risk or danger to the public
  • the most appropriate punishment is immediate custody
  • a poor history of compliance with court orders.

How long can it be suspended for?

The sentence of imprisonment can be suspended for a period from six months up to two years.  This is called the ‘operational period’.

What conditions may be imposed?

A sentence is suspended on condition that you do not commit any further offences during the operational period. In some circumstances an order may have that single condition.

Additionally, you can have a suspended sentence order that is subject to further requirements similar to this in a community order. This can include

  • unpaid work
  • a curfew
  • supervision with the Probation Service.

If you are subject to such an order, it is also suspended on condition that you comply with the requirements imposed.

What happens if I breach the order?

You can breach an order by either committing an offence within the operational period or failing to comply with any requirements that are imposed.

The starting point that will be adopted by the court if you are in breach of an order is to activate the period of imprisonment. The length of imprisonment may be reduced to reflect the level of compliance with the order and any of the requirements.

If it is unjust in the circumstances to activate the sentence then the court has other options.   You may be

  • fined for the breach,
  • made subject to further or more onerous requirements
  • the operational period may be extended.

 How can we help?

As well as advising you whether you might be able to receive a suspended sentence, we will also be able to help you put yourself in the best position for the court to treat you leniently.

This process can start as early as advice prior to a police interview under caution.  As a result, if you are arrested or know that the police wish to speak to you about any offence then make sure you insist on your right to free and independent legal advice and ask for VHS Fletchers.

The advantages of such early 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.

Some examples of cases where we have helped secure a suspended sentence for our clients can be found here:

Drug Offences

Motoring Offences

Conveying Articles into Prison

GBH

 You can find your nearest office here.

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News

Motoring law solicitor secures suspended sentence.

chesterfield motoring law solicitor
Chesterfield crime and motoring law solicitor Kevin Tomlinson

Chesterfield Crime Solicitor Kevin Tomlinson has a wealth of experience defending motoring law offences.  He is known for his calm and unflappable approach which places clients at ease in what is often an alien environment for them.  These qualities are demonstrated by this particular case.

 

Kevin was instructed by a client who was accused of drink driving.  She had provided a specimen of breath showing that she was nearly three times the legal drink drive limit.

Investigation of a procedural irregularity

chesterfield motoring law solicitorOur client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive.  Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.

While there was no doubt that Kevin’s client had drunk alcohol before driving, the level has to be above the legal limit to drive. in order to convict her of the offence, therefore, the prosecution had to show that the evidence of the breath specimen was reliable.

If you are investigated for drink driving and provide a sample of breath at the police station you will be given a print out of the reading provided by the machine.

In this case, the printout provided to our client showed that there had been an error. The layout of the paperwork appeared to be wrong.  Kevin could not be sure that the breath test had been performed correctly.

At court Kevin spoke with the prosecutor to see if they had the same documentation as his client.   The prosecutor did not.  Their copy of the printout was correct.  It appeared, for whatever reason, that our client’s version had been incorrectly printed.

chesterfield motoring law solicitorKevin then took the time to speak with his client again.  It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout.  Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.

Would she choose to try and take advantage of a potential loop hole and risk loss of mitigation and prison if she was found guilty?

Suspended sentence followed a guilty plea

Having taken further instructions, it was clear that our client wanted to plead guilty and not try to challenge the reliability of the machine.

Following her plea, Kevin was able to advance substantial personal mitigation on her behalf which is always more compelling if it follows a guilty plea.  Kevin’s calm and measured approach persuaded the Magistrates that any sentence of imprisonment could be suspended.  In addition to the suspended sentence she also receive the inevitable driving ban.

She was extremely relieved and pleased with the outcome.

You can read more about the importance of an early guilty plea and and an expression of remorse here.

Contact an expert motoring law solicitor

Kevin Tomlinson is based at our Chesterfield office, but is able to provide nationwide advice and representation.  If you wish to instruct Kevin then his contact details can be found here.

We will always advise you as to your entitlement to criminal legal aid to ensure your free representation in the Magistrates’ Court.

You can read more about that here.

Alternatively, if one of our other offices is more convenient then you can find these contact details here.

chesterfield motoring law solicitor

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Distressing case before Chesterfield Magistrates’ Court

activation of a suspended sentence
Chesterfield crime solicitor Denney Lau

A recent case involving activation of a suspended sentence nearly brought Chesterfield crime solicitor Denney Lau to tears.  Despite having been qualified for 11 years and having represented any number of clients with many different circumstances before the court, this case was still able to cause distress.

Denney’ s client was appearing before the court in relation to breach of a suspended sentence order.  The starting point for breaching such an order is that the suspended sentence term must be activated.  It is possible to avoid this if the court can be satisfied that it would be unjust to do so in all of the circumstances.  As a result, Denney’s client was very much at risk of a custodial sentence.

The breach information set out that although our client’s initial compliance had been good, after several months he had simply stopped attending the appointments.  No explanation had been given.  On the face of it, our client was guilty of a complete disregard of a court order and there was unlikely to be any argument to avoid a prison sentence.

However, upon further investigation, this view of the case could not be further from the truth.

Compelling personal circumstances to avoid activation of a suspended sentence

During private consultation Denney was able to learn the full circumstances of his client’s failure to keep to the terms of the order.  His client had lost touch with the probation service following difficulties in his partner’s pregnancy.

During a routine scan, no heart beat had been detected.  Attempts were made to induce the birth.  Further complications arose and his partner had to undergo emergency surgery.

Although the baby was born, within two months our client was attending the funeral of his child.  He struggled to cope with these life changing events and had made several attempts to take his own life.

He had sought medical help and mistakenly believed that all of the professionals involved with his family would have liaised with each other so that compliance under the probation order had been suspended.  Unfortunately, the order does not work like that and it had continued.

Denney had to advise his client that despite his personal circumstances he was in breach of the suspended sentence order,  Had he spoken with the probation service they may have been understanding of his circumstances, but he had not.

It appeared, however, that the information from the client provided compelling reasons for the court to permit the order to continue.  The court agreed, having heard the mitigation, that it would be unjust to activate the suspended sentence.

The importance of instructing a criminal solicitor

This case illustrates the importance of instructing an expert criminal defence solicitor, whether you face activation of a suspended sentence or any other criminal offence.

Denney and his colleagues are used to hearing about people’s lives in great detail, whether that is by way of a police allegation or as part of a defence or mitigation.  As a result, we are experts at gathering relevant information and will have heard very similar cases many times over the years.  The horrific ordeal suffered by our client in this case still has the power to shock.

We were able to represent this client under the legal aid scheme.  This means that our representation before the Magistrates’ Court was free of charge to him.  This means that he was spared the ordeal of explaining deeply personal information to both the probation service and Magistrates.

You can read more about legal aid here.

You can contact your nearest office for an appointment to discuss your case.  Our contact details can be found here.

activation of a suspended sentence
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Driving ban avoided following successful exceptional hardship argument

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided.

What is an Exceptional hardship argument?

exceptional hardship argument chesterfield solicitorAll drivers will know that when they reach 12 penalty points they are liable for a minimum six month driving ban under the totting up procedure.

A driver can, however, avoid this disqualification if it can be shown that exceptional hardship would result from a disqualification.  If successful, a driver will be able to keep their license even though they have reached 12 penalty points.

The concept of “exceptional hardship” is not exhaustively defined by the law. It does, however, have to be more than an inconvenience caused as a natural result of a driving ban.

Issues that could amount to exceptional hardship may include:

  • Loss of a job resulting in loss of accommodation
  • An inability to get to any work due to geographical and public transport restrictions
  • Loss of employment of third parties due to a businesses having to close

A driver will usually have to give evidence to the court on oath to support the exceptional hardship argument.

Travel to Norwich Magistrates’ Court

exceptional hardship argument chesterfield solicitor
Norwich Magistrates’ Court

Our client faced three separate sets of proceedings before three different courts.   It was important that Kevin ensure that all three cases were before a single court as his client wished to make an exceptional hardship argument to avoid disqualification.

This is because a successful argument cannot be put more than once in a three year period.  As a result, had the exceptional hardship argument succeeded in one set of proceedings, it could not have been argued in the other cases.

In any event, this client’s case was particularly complicated.  Kevin had to apply to set aside certain convictions and overturn a driving disqualification imposed in absence before all cases were finally listed before Norwich Magistrates’ Court.

Our client chose to instruct Kevin to travel to Norwich as he knew that he would put forward skillful legal argument on his behalf.

Our client left with 19 penalty points

exceptional hardship argument totting banDue to the nature of our client’s employment which took him all over the Country, he would have an argument to say that to disqualify him him cause exceptional hardship over and above that which will normally follow a driving ban.

Kevin advanced the exceptional hardship argument on behalf of his client.  Even though by now his client had 19 penalty points on his licence, this was the only way he could avoid a disqualification from driving.

Evidence on oath to support exceptional hardship argument

 

exceptional hardship argument evidence on oath

His client gave evidence to the court about the difficulties he would face if he lost his licence.  Perhaps significantly, he was also able to give evidence of the impact of losing his job on his partner and the risk of them losing their accommodation.

Fortunately for his client, Kevin made a successful exceptional hardship argument on his behalf.   The court then chose to exercise its discretion not to impose a driving disqualification. This meant that our client could continue driving.  There were, however, financial penalties and costs to pay as a result of these offences.

Kevin’s experience meant that he was unable to unpick the tangle of convictions to ensure that his client had an opportunity to avoid a driving ban.  His persuasive advocacy skills were then able to secure the result his client needed.

Representation by way of an affordable fixed fee

It is unlikely that legal aid will be available for a case like this.  Here, Kevin agreed a fixed fee with his client that included the expense of travel to Norwich.

In the event, this fee was a small price to pay in order that our client kept his driving license.

Contact a Chesterfield Motoring Law Solicitor

If you face a driving ban then you will require affordable advice and representation from an expert road traffic law solicitor.   Chesterfield road traffic law solicitor Kevin Tomlinson can be contacted at our Chesterfield office on 01246 283000.

Alternatively, there may be one of our other offices that is more convenient to you.  You can find the details of these offices here.

You can also use the contact form below.

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Chesterfield solicitor mitigates in drink drive case

With Christmas fast approaching the yearly anti-drink driving campaigns will soon be splashed across TV, Radio and Social Media.  You can find more information about that here, but we simply repeat the advice relating to drink drive:

  • the easiest way to avoid problems is not to take any alcohol before you drive
  • be very careful the next morning and consider public transport if you have been drinking the night before.

drink drive legal aid solicitor ChesterfieldWe know, despite people being aware of the advice.  people still make mistakes.  In most cases this involves a momentary lapse in judgement from a person who has never been in trouble with the police before.  A conviction for drink driving can have a serious impact on an individual and have a very real effect on their life.

We will  try our best to minimise this impact where possible.  This might be by fighting the allegation at trial or putting forward effective mitigation on sentence.

Chesterfield Criminal Solicitor David Gittins is regularly before Chesterfield Magistrates Court representing his clients in such cases.  He  was recently instructed by a client who had been involved in an accident whilst drink driving.  As a result he faced a custodial sentence. Due to David’s assistance his client was able to avoid a prison sentence.

The Allegation

legal aid drink drive solicitor chesterfieldDavid’s client had been charged with drink driving following a road traffic incident.  She had driven into the rear of a vehicle before driving off.  She was followed home by a member of the public who had realised she was drunk.  As a result the police were called.

David’s client had very little recollection of the incident.  In police interview she accepted the evidence and because of this made admissions in interview.

She was found to have been just below three times the legal limit to drive.  Being aware of the position she had placed herself in, she chose to instruct David before here first court appearance.  As a result, David was able to give early advice and prepare the case in time for the hearing.  Part of that advice was to remind his client that there would be credit for an early guilty plea.  This is a reduction in the final sentence imposed.

Our client was a mother holding down two jobs to provide for her family.  As a result, she was understandably upset about the risk of a prison sentence.

The Sentence

drink drive solicitor Chesterfield legal aidFollowing his client’s guilty plea to drink driving, David mitigated on her behalf.  He was able to focus on the positive elements of his client’s character and future.  Although an immediate prison sentence was a possibility, David argued that these positive aspects of mitigation meant that she could retain her liberty.

David’s client was received a Suspended Sentence Order for this drink drive offence because of this mitigation.  This meant that provided she adhered to a curfew and undertook unpaid work in the community she would not be sent to prison.  She also received the mandatory disqualification from driving.

Free legal aid in the Magistrates’ Court for this drink drive case

legal aid solicitor for drink drive caseDue to the serious nature of this case and the real risk of prison and therefore loss of livelihood, free Magistrates’ Court legal aid was available.   for the Defendant meaning all of David’s representation was free of charge.

Instruct a Chesterfield Motoring Law expert

Whether you face a police investigation for a road traffic offence or have court proceedings pending you will wish to instruct an expert motoring law solicitor.  Please contact David at our Chesterfield office on 01246 283000.

legal aid solicitor for drink drive case

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Lengthy driving disqualification avoided for Chesterfield road traffic client

In recent months the penalties for speeding in a motor vehicle have increased dramatically since April 2017.  This includes a reduction in the threshold at which a defendant faces a driving disqualification.  You can read more about this here.

driving disqualification chesterfieldAs a result the risk of being disqualified following a speeding conviction is much higher than previously.  Chesterfield motoring law solicitor David Gittins was recently instructed by a client who faced disqualification for speeding.

In this case, although there was no mitigation to be put forward to prevent a driving disqualification, David was able to advance powerful mitigation to secure a very short disqualification,  The ban would have little impact on our client’s ability to continue with his employment.

The Allegation

David’s client, who was only nineteen years old, had been seen by police driving his car at twice the legal limit.  Unfortunately he was driving at more than twice the legal limit.

On being pulled over by the police he gave his details and then had to await the inevitable speeding summons and court date.

Client appearance at Chesterfield Magistrates’ Court

David had been instructed to represent our client prior to the court date.  Although entering a guilty plea will be easy for an unrepresented defendant facing a speeding charge, choosing what extra information will favourably influence the outcome of their case.

driving disqualification reduced Chesterfield road traffic solicitorThis may conclude telling the Magistrates’ what happened and why.  A defendant’s demeanour or lack of appreciation of the gravity of his case might mean that they approach the case in a manner guaranteed to aggravate the situation.

The starting point for Magistrates will always be that speeding can have very serious consequences and they will be looking to see an appropriate level of regret and remorse.  More can be read about that here.

With this in mind David took instructions to see what personal mitigation would be available to his client.  As he worked in the motor trade he needed a driving licence.  His job would remain open to him if there could be a successful argument for a short disqualification.  He lived in a rural area with an almost non-existent public transport system.

Successful mitigation of driving disqualification

David had already considered the sentencing guidelines so directed his mitigation at the relevant aspects of the guideline.  By focussing on the positive elements of his client’s character, including his employment, David was able to secure a favourable sentencing outcome.

Chesterfield magistrates court driving disqualification legal representationOur client was eventually fined and disqualified from driving.  The disqualification was only for 21 days however. This was at the very lower end of the sentencing range.  David’s client was particularly happy as he was due to go on a foreign holiday for fourteen days of the disqualification when he wouldn’t be driving in any event.  This meant that he would only have to miss one week of work.

His job was secured and our client was extremely satisfied with the result.  He appreciated that had be represented himself it was likely that his approach was likely to be less focussed and it may well have been that he didn’t secure the same outcome.

Since this case, David has already referred a further referral from his client who has instructed him in a similar matter.

Affordable fixed fees

Legal aid is not normally available for cases of this nature.  As a result our client instructed us on a private basis.  For most motoring offences fixed fees can be agreed and this was the case here.

Instruct a Chesterfield Road Traffic solicitor

Chesterfield road traffic and crime solicitor David Gittins

If you wish to instruct David for any road traffic or criminal matter please contact him at our Chesterfield office on 01246 283000 or alternatively use the contact form below.  While we can make no promises about the outcome of any case, we are best placed to argue against a driving disqualification or to reduce the length of a driving ban.

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Remorse, regret and credit for your guilty plea

In matters being investigated by the police or before the criminal courts it is sometimes the case that a simple act of contrition, genuinely felt and communicated, can alter a case outcome significantly.

For example, a timely admission and expression of sorrow can make the difference between a formal resolution, such as caution or charge or persuade the police to consider an out of court community resolution.

Credit for your guilty plea will attract the automatic discount on sentence, but it is a demonstration of genuine regret and remorse that may make all the difference.

Remorse might open the door to restorative justice

regret remorse credit for your guilty pleaRestorative justice is now a popular out of court disposal.  Such a resolution is preferable to almost all other outcomes when guilt is not in doubt. Research shows that the process can benefit both the victim and the offender.

Other out of court disposals such as driver awareness courses can also have an impact on an offender.  This will particularly be the case where a defendant is willing to address their behaviour.  Few participants will leave the course undisturbed by the graphic images of a child hit by a speeding vehicle.

In court, it can sway a bench in some cases to impose a more lenient punishment, so because of this we always work with clients to ensure mitigation is advanced adequately at all stages.

Of course, sorry in itself might not mean much, what are you sorry for?  Is it for being caught?  Or is it because you find yourself before a court?  Could it be more than that and therefore does it amount to genuine remorse?

Genuine remorse and sentencing guidelines

credit for your guilty pleaThis is an important question in sentencing terms because ‘genuine remorse’ is a mitigating factor in almost all sentencing guidelines and can make a substantial difference to the outcome.

The Oxford English Dictionary defines remorse as being:

‘A feeling of compunction, or of deep regret and repentance for a sin or wrong committed.’

A court will, however, be looking only for genuine remorse, and it is far from being a scientific exercise.

What does the Sentencing Council have to say?

The Sentencing Council commented on this as follows:

“This factor appears in all Sentencing Council guidelines and is one that sentencers are adept at assessing. Sentencers sitting in court on a daily basis are alive to the ease with which ‘sorry’ can be said but not meant. Evidence obtained during the course of interviews with judges (during the consultation process) confirmed the way in which judges carry out this assessment; often the judges used phrases in conversation with us such as ‘genuinely remorseful’, ‘genuine remorse’ and ‘true remorse’. This confirms the Council’s view that the consideration of remorse is nuanced, and that all the circumstances of the case will be considered by the sentencing in deciding whether any expressed remorse is in fact genuine.”

Not just credit for your guilty plea

In a recent lecture, a High Court Judge offered up these examples to illustrate genuine remorse:

• Deliberate withdrawal from an on-going criminal enterprise.

• Removing oneself from criminal associates or the sources of temptation.

• Behaviour immediately after the offence such as obtaining medical aid.

• Voluntary surrender and confession to the police.

• Efforts to reform by way of, e.g. drug-rehabilitation or alcohol withdrawal programmes.

• Return to education.

• Assistance to the authorities in combating crime.

• Voluntary restitution, payment of compensation without order from the court or restoring damaged property.

Less objective examples (but commonly seen) include:

• Expressions of remorse in police interviews after arrest.

• The impression of genuine remorse given to a probation officer, psychiatrist or psychologist when being interviewed for the purpose of preparing a report for the court before sentencing.

• Letters of apology written by offenders to victims or the court

How can we assist? Contact a criminal defence lawyer now.

It is our job when representing clients to ensure that the best case is put forward.  You will want this to go beyond the usual mitigation offered by the credit for your guilty plea.  This should involve other aspects of your character that might shine a light on your true self.

People make mistakes, sometimes serious ones, but rarely does that alone define the real person.  We believe that carefully presented mitigation makes a real difference to the outcome of criminal cases.

We are experienced in approaching family, friends, employers and other community figures for reference letters on your behalf.  The information that we request will make sure we build on the credit for your guilty plea because of this experience.

credit for your guilty plea
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Derby Youth Court mitigation results in Rehabilitation Order

derby youth court sentencing nick wright solicitor
Derby crime solicitor Nick Wright

Experienced Derby criminal solicitor Nick Wright recently dealt with a difficult sentencing hearing at Derby Youth Court.

His client was due for sentence for two robberies, four burglaries and going equipped to steal.  This catalogue of offences would have been so serious alone that the court would have been considering a custodial sentence.

The position was further aggravated.  The latter offences were committed while the youth was on bail for the robberies.  They had also been committed whilst in breach of bail conditions.  He was also subject to a community order for another robbery.

Sentence of detention inevitable?

Although the likelihood was that his client would receive a sentence of detention, Nick had spent some time with his client and knew that he was vulnerable himself.  Nick identified that this was a case where his client would benefit from a report from a psychologist.  Nick spent a great deal of time with the his client’s parents and social worker.  He had ongoing contact with the Youth Offending Team.

Derby Youth Court imposes rehabilitation order

The sentencing hearing took two and a half hours to conclude.  In the end, Nick’s powerful and persuasive mitigation meant that the Magistrates decided not to impose detention.  Instead a Youth Rehabilitation Order was made.  This is intended to be a far more constructive sentence to assist a young man to try and put offending behind him.

Some clients intend to admit an allegation.  Custody may seem inevitable.  These clients will still benefit from instructing an experienced solicitor.  The solicitor will be able to identify the steps that can usefully be taken to try and secure the best outcome possible on the facts of a client’s case.

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.