Advice re probation service and sentencing.

[Alfa]

I'm needing some advice, I've been convicted of historic allegations that were made against me, I'm going to be sentenced soon after probation service reports, my family had to make the decision about legal representation and they chose a high street solicitors who in turn appointed a run of the mill barrister.
As a result despite loads of evidence in my favour the decision went against me, I've taken telephone advice from a couple of specialist companies since the decision and they have both told me it sounds like my poor legal team got me convicted.
I'm not in a financial position to appeal so I guess I've got to hope and pray for the best with the sentencing and ride out the storm.
What I want to know is do you still need to dress to impress the probation officer ie, suit, shirt and tie etc and also do they take personal circumstances into account when they are doing their reports?
I am a carer for elderly relatives who are very dependant on me, if so will the judge also take this into consideration at sentencing?
Thanks in advance for time taken reading and hopefully answering me.

[Casehardened]

Hello and welcome to the forum,

So sorry to read this, Rights Fighter has a great deal of knowledge about the appeal process and may be able to offer more advice when she sees your post but did your trial barrister offer any advice regarding a possible appeal after the verdict?

AFAIK if a judge then awards 'Leave To Appeal', then legal aid for the appeal is granted.

[Rights Fighter]

Your barrister should provide you with a written Advice on Appeal - positive or negative. If it is positive then you will have to go with that as legal aid will be provided.

I assisted a guy in your situation - story here http://www.daftmoo.org.uk/mooforum/s....php?4276-Help

His appeal succeeded and his retrial is next month using a different solicitor and barrister.

When is your sentence date?

[Lucky]

if you can afford it, go with Chris's team. Top quality for appeals.

[Shah]

when my son went to see his Probation official AH he didnt bother with his suit just went in his hoodie.. dont think it makes a difference. Good luck though RF is the best

My heart goes out to you

[Alfa]

Your barrister should provide you with a written Advice on Appeal - positive or negative. If it is positive then you will have to go with that as legal aid will be provided.

I assisted a guy in your situation - story here http://www.daftmoo.org.uk/mooforum/s....php?4276-Help

His appeal succeeded and his retrial is next month using a different solicitor and barrister.

When is your sentence date?

Sentence date is the end of February it was later than the usual four weeks due to the prosecution barrister going on holiday, could anyone advise re the latter part of my question regarding the probation service / judge taking into account my parents please?

[Alfa]

if you can afford it, go with Chris's team. Top quality for appeals.

Somebody from Chris's team were one of the two I have spoken with, I can get the initial money together to try and get an appeal no problem but should I get the retrial / appeal then there is no way I have enough money to follow it through with the kind of figures I've been quoted. 😔

[Alfa]

Another question, when I was convicted my barrister told me that I couldn't appeal, if I ask them for leave of appeal in writing is this not going to annoy them when I need her on my side to assist me on sentencing?
Sorry for so many questions my heads battered at the moment.

[Rights Fighter]

If you got a retrial as did Redscouse, then that would be on legal aid if you are eligible.

What you wear to see probation makes no difference at all. Wear casual clothes for sentencing and take trainers with you - in fact wear them otherwise you will stick out as a newbie wearing shoes and a prison issue tracksuit. Hopefully you have found the thread which contains instructions / suggestions as to what to put into the "nasty bag".

I am happy to look at the paperwork at no cost but I would need it to be sent or brought to where I am, in hard copy and if at all possible, emailed as editable / searchable Word or pdf files. if I find grounds and arguments and if you are eligible for legal aid I can then pass it to a legal aid solicitor or public access barrister. I would need contact with your family / supporters and also with you. I should be able to email you (Email a Prisoner) but you would have to write back in letters.

An Advice on Appeal is not "leave to appeal". All the Advice is - is counsel's opinion on why in his view there are no grounds. It should also give a basic outline of the case, which would assist in anyone taking the matter on. You are entitled to it. Just ask politely for it.

Probation don't need to see that and it won't make any difference to your pre sentence report.

You will I am assuming, tell the probation officer that these are false allegations and it's a wrongful conviction. They will then put you down as being "in denial". That's ok - that's the same as all guys who protest their innocence. Of course they are not "in denial" they are "denying their guilt" which is competently different.

They will try to persuade you to admit guilt, which means that if you do, you then become a self confessed sex offender. Stick to your guns but do it politely.

[AmandaF]

It is very difficult but not impossible to appeal. I'm not an expert but one reason is "Abuse of process", another is new evidence.
We had no grounds under the first one even though defence missed important points, I felt the sheriff was far in his summing up, possibly directing jury to acquit.
But juries hear "Sex abuse" and find guilty.
Our OH's accuser has now pleaded guilty to sexual offences so we are hoping there new evidence somewhere there.
Not sure whether they'll take your family circumstances into account

I feel for you, I really do

[Rights Fighter]

I've started a new website with regards to appealing convictions of a sexual nature

http://www.pacso.co.uk

You will find some information on that although it is still in the building stage.

[Alfa]

If you got a retrial as did Redscouse, then that would be on legal aid if you are eligible.

What you wear to see probation makes no difference at all. Wear casual clothes for sentencing and take trainers with you - in fact wear them otherwise you will stick out as a newbie wearing shoes and a prison issue tracksuit. Hopefully you have found the thread which contains instructions / suggestions as to what to put into the "nasty bag".

I am happy to look at the paperwork at no cost but I would need it to be sent or brought to where I am, in hard copy and if at all possible, emailed as editable / searchable Word or pdf files. if I find grounds and arguments and if you are eligible for legal aid I can then pass it to a legal aid solicitor or public access barrister. I would need contact with your family / supporters and also with you. I should be able to email you (Email a Prisoner) but you would have to write back in letters.

An Advice on Appeal is not "leave to appeal". All the Advice is - is counsel's opinion on why in his view there are no grounds. It should also give a basic outline of the case, which would assist in anyone taking the matter on. You are entitled to it. Just ask politely for it.

Probation don't need to see that and it won't make any difference to your pre sentence report.

You will I am assuming, tell the probation officer that these are false allegations and it's a wrongful conviction. They will then put you down as being "in denial". That's ok - that's the same as all guys who protest their innocence. Of course they are not "in denial" they are "denying their guilt" which is competently different.

They will try to persuade you to admit guilt, which means that if you do, you then become a self confessed sex offender. Stick to your guns but do it politely.

Thanks RF I'll start getting the stuff together tomorrow, I'm only about 20 minutes away from your office so once I have everything I can drop it all off with you.

[Rights Fighter]

I am not in Southport. If you are on FB you can send me a PM via https://www.facebook.com/ChrisSaltreseFalseAllegations/ as I run the page for Chris and we can message each other from there.

You don't know my name and we need to make sure that they send the paperwork to me asap.

I will need to contact the office to let them know you will be in to deliver the paperwork and that it has to come to me. For me to do that I need to know your name of course - and you cannot put it in this forum.