Two Questions

[imsam]

I have two questions for the more experienced contributors of the site.

1: I am not on bail anymore, and its been nearly 10 months since the event. Is it better to ask my solicitor to keep asking the police about how things are going? or leave things alone and just 'Hope' someone did say to me that the longer you are without a charge the better it is, as the 'victims' may change their minds or become less inclined to go to court , and witnesses can 'forget' exactly what happened as most of them haven't even been spoken to by the police yet, ( this alleged 'rape' happened at a party , when all the overnight guests had gone to bed, some in the next room) I wondered if we could say that the long time elapse before statements being taken made the trial unreliable, although none of the guests saw or heard anything .


2: I changed my first solicitor who was one I got at the police station, and I thought a criminal solicitor would have been better. This one seems Ok ( he hasn't actually done much though) but then I joined on here and realised that there are better solicitors recommended by this site, that specialise in these cases, so I would like to change to one of them. Is it OK to change solicitors twice? would it have any repercussions that the police could use against me? I had thought I would just wait to see what happens, but would you advise me to change my solicitor now, could a more experienced solicitor do more at this present time then the one I presently have is doing?

I thank you in advance for any advise you can give me on these two matters.
Waiting and not being able to DO anything is like a slow torture for me

Thanks Sam

[Casehardened]

[I was a bit worried about answering as this might imply that I think that I'm experienced]

With regard to changing solicitors, there is no issue about doing this at this stage in the proceedings as you have not been charged and therefore are not receiving legal aid, however as very little information can be obtained from the police or the CPS beyond what was disclosed at your interview there is not much any solicitor can do apart from reassure you.

Obviously there is no harm in researching solicitors both via the dedicated thread on this forum and on the web and perhaps following this up with an email outlining your circumstances and inquiring if they would be prepared to take on your case if you were to be charged. Do remember though that at this stage any time they spend with you will be at the expense of their existing clients!

As to the broader picture of whether you can get the case disposed of quicker by 'nudging' the police the opinions on the forum are probably 50/50, the only thing you can take comfort from is that an 'open and shut' case would have been dealt with by now!

[imsam]

Thanks so much CaseH I really appreciate your reply, especially so as it had that grain of hope in it, that if it was an open and shut case it may have moved forward by now . I did put a lot of faith at the time, because one of the police men said to me when I went for my bails, (I was on 3 months bail for the first 9 months which stopped once that new law came in ) He said something on the lines of, ' we like leave it a long time before we proceed as then sometimes the girls have a change of mind if they were not telling the truth)

But I have learned on here not to trust anything the police say now, which is quite sad really, as I have had many dealing with the police in my job, when I have helped the local police by letting them see our CCTV when they have local disturbances or crimes that are near our factory, and I have always got on really well them them

[Casehardened]

But I have learned on here not to trust anything the police say now, which is quite sad really, as I have had many dealing with the police in my job, when I have helped the local police by letting them see our CCTV when they have local disturbances or crimes that are near our factory, and I have always got on really well them them

I guess it all comes down to the individual OIC that one is dealing with, for instance the girl DC (or at least she seemed like a girl to me!) that dealt with my case was very sympathetic and friendly; she actually hinted that my accuser might not be telling the truth at the time of my arrest, something which helped immeasurably during the following months and gave me a card with her contact details on.

Contrary to the advice on the forum, I did in fact email her with anything that I thought would show my accuser in a bad light though I obviously don't know if this influenced the NFA decision in any way.

[imsam]

Yes I got that impression from the police that they thought her statement was 'flaky' I think they said. But I read after on here that they often say that to get you to think they are on your side, when perhaps all they want to do is get you to say something incriminating . Even the nurse that did my examination said ' Well you haven't got one scratch or mark on you' in an encouraging way as if that was very good news. ( Neither did she by the way)
The police also said we get about 5 of these cases in this station every weekend , but few go forward . One bad thing I think is that the OIC that has been appointed to my case is new to the job, and so may not want to make a decision himself, but will pass it on to the CPS to decide

I am so clutching at straws here aren't I ?

Thanks CaseH for your replies , they really heelp

[soulbug]

"The police also said we get about 5 of these cases in this station every weekend , but few go forward . One bad thing I think is that the OIC that has been appointed to my case is new to the job, and so may not want to make a decision himself, but will pass it on to the CPS to decide"

The CPS decide in all cases I believe , the police just put the case to the CPS.

[Peter1975]

The CPS decide in all cases I believe , the police just put the case to the CPS.

The lines are now somewhat blurred here as, according to the VAWG report, the cps advise at the beginning of investigations rather than just at the end but in all cases, the OIC will first pass the files on to a supervisor, known as an evidential review officer, who will decide either that further investigation is necessary, the file can be passed on to the CPS or NFA'd. It is at this stage that the majority of cases are NFA'd and are officially police decisions. The 2015-16 figures reveal less than 7,000 police referrals to the cps out of roughly 30,000 reported rapes*

Cases passed on to the cps for a decision can also be sent back for further investigation or NFA'd, decisions to charge are by no means certain just because the police have passed it on for a decision, In fact the CPS decide to charge less than 60% of police referrals.

*all figures off the top of my head!

[imsam]

This is what they told me too Peter, that it would go to a supervisor, and then on to another Police person, before they decide to send to the CPS.

I suppose that is why it takes so long

Peter what is your advice about hassling the police or just staying quiet and hoping for the best?

Also would you advise me to change solicitors again NOW or only if I get charged?
I am kind of leaning to not changing unless I get charged , but not sure if a more experienced in these cases Solicitor would be able to help be at this point better than the guy I have a the moment

[Peter1975]

Peter what is your advice about hassling the police or just staying quiet and hoping for the best?

Also would you advise me to change solicitors again NOW or only if I get charged?
I am kind of leaning to not changing unless I get charged , but not sure if a more experienced in these cases Solicitor would be able to help be at this point better than the guy I have a the moment

If you haven't heard anything for a while there is little harm in getting your solicitor to ask for an update or just phoning the oic and asking yourself. Not that they are obliged to tell you anything mind but if asked nicely they might give you an idea of when they are expecting a decision.

Unless you have some evidence the police don't already have that may help your case there is little any solicitor can do for you at the moment and there is no legal aid for advice at this stage. Again though, there is no harm in phoning some up and having a chat so that you know who to call should you be charged.

The recommended sols thread and the link to the google map is in the useful information section. As always, if RF can recommend someone then you won't go wrong.

[imsam]

Thanks Peter, I do so appreciate your replies , you always give such good advice and I value your opinions

Sam