A couple of questions

[johndoe]

Hello

1. The general consensues is that someone FA should seek instruct a specialist solicitor as soon as possible. Given that there is no much a solicitor can work with until next bail attendence or after being charged what can a solicitor do in the mean time?

2. For a case of FA made by wife that has taken the child, is it it worth making application for contact with child or should one wait till after the case which can take months. Is this kind of stuff available on Legal aid?

Thanks

[Franticwithworry]

Hi there. In answer to your questions:

1 True, a solicitor cannot do much before charge, but being charged is another traumatic experience that can leave you in shock again for a while. Far better, I suggest, after the shock of the initial accusation has passed, to get a solicitor in place who you can give the outline too, discuss things with a little and feel comfortable with enough to instruct if a charge eventually comes. It can take a bit of a search to find a solicitor you find comfortable with and one who works on legal aid if necessary. It's a good idea to shop around and talk to several before a choice is made if possible. There is a lot the falsely accused person can do though, in terms of collating information that will contribute to a defence. It's a great help if a solicitor can be instructed with some of the work already done so s/he can hit the ground running so to speak. It's a big job to provide a solicitor with all the information needed for a defence, so the sooner that task starts the better.

2 Family law issues need the advice of a family law lawyer who can also advise regarding legal aid. If there are bail conditions banning a person from contact with children under the age of 16 or specifically Falsely Accused's children, there is an issue that may not be overcome. There are people on this forum with direct experience of this and hopefully they will come in at some point soon and share their experiences with you. In the meantime, continue browsing the site and you will find posts relevant to this point, I'm sure.

Hope this helps.

[Rights Fighter]

As ever FWW comes in with the 101% correct advice.

A specialist sol will know how to conduct a police interview and will stop any harassment and duplicate questions

[johndoe]

Hi there. In answer to your questions:

1 True, a solicitor cannot do much before charge, but being charged is another traumatic experience that can leave you in shock again for a while. Far better, I suggest, after the shock of the initial accusation has passed, to get a solicitor in place who you can give the outline too, discuss things with a little and feel comfortable with enough to instruct if a charge eventually comes. It can take a bit of a search to find a solicitor you find comfortable with and one who works on legal aid if necessary. It's a good idea to shop around and talk to several before a choice is made if possible. There is a lot the falsely accused person can do though, in terms of collating information that will contribute to a defence. It's a great help if a solicitor can be instructed with some of the work already done so s/he can hit the ground running so to speak. It's a big job to provide a solicitor with all the information needed for a defence, so the sooner that task starts the better.

2 Family law issues need the advice of a family law lawyer who can also advise regarding legal aid. If there are bail conditions banning a person from contact with children under the age of 16 or specifically Falsely Accused's children, there is an issue that may not be overcome. There are people on this forum with direct experience of this and hopefully they will come in at some point soon and share their experiences with you. In the meantime, continue browsing the site and you will find posts relevant to this point, I'm sure.

Hope this helps.

Thank you for your detailed reply. There is no mention of child on bail conditions. It simply says that the accused should not make direct or indirect contact with the complainant. Will application fir contact with family lawyer be eligible for legal aid. If not how much will it be to go private. The Falsely accused is on monomial wage job with very litttle disposable income

[Franticwithworry]

Thank you for your detailed reply. There is no mention of child on bail conditions. It simply says that the accused should not make direct or indirect contact with the complainant. Will application fir contact with family lawyer be eligible for legal aid. If not how much will it be to go private. The Falsely accused is on monomial wage job with very litttle disposable income

As there's nothing on the bail conditions restricting contact with the child, the issue of contact is between Mum and Dad. That said, as Mum made the allegation, who knows how obstructive she may be when it comes to contact? It's a minefield and the last thing Dad will want is for Mum to make false allegations regarding the child. There are lots of potential ways to keep in touch depending on the child's age, but again, the advice of a solicitor is paramount.

Lots of solicitors offer an initial consultation for no cost, and questions regarding legal aid can be asked then too.

It's impossible to say what it would cost privately because so many factors are involved, not least of which is the hourly rate of the chosen solicitor. There's quite a lot of variation, but it won't be cheap, unfortunately. It's perfectly reasonable to speak to several solicitors to compare costs and everything else before a final choice is made.

[Rights Fighter]

In a criminal case if the disposable income is low then he should get legal aid for trial or may have to pay contributions towards it, depending on income. A partner's income would be taken into account too.

There are some excellent criminal defence LA solicitors - it is finding the right one that is key. You will need to take advice on LA as regards family law.

[Franticwithworry]

Thank you for the kind words RightsFighter.