need help and advice please

[needhelp]

yo all again soz for the late reply's and such but been bizzy taking all your advise i been going out with the wife and kids more to parks and centre's witch has been a great boost in life

been on my daily info search's as always and came across some thing i,am alittle un-sure about so thought i'd see if any one on here would know the anwser to.

the so called victom in my case has just placed on her FB that she is preggy...and after alittle reseach i found out her new boyfriend (8th one btw) is 19.

as this so called Victom is still only 15 will her new boyfriend be arrestered for you know with a minor?

any way i goto shoot off as i,am going out for lunch with the kids today and then to the park for a good kick around

P.S nice new forums btw

[mouse]

False allegations. Immediately contact FASO (False Allegation Support Organisation) by phone 0870 241 66 50 or e-mail them.

hi i,ve been reading though the forum's and the advice i,ve seen given to other is great but i could not find any thing thats close to the problem i have.
i need to point out my spelling is not the greatset in the world and i'll say sorry for that now in case some people dont under stand some thing i type.

ok i was accussed of rape on the 6th of jan this year (2010) been bailed untill the 17th of jan, i was accussed of haven raped a young girl of 14 years of age on 31th of dec (2009) and was arested on the 6th.

i spent 36 hours in a cell and had 3 interviews with the police with my leagel guy with me, though out the interviews i was asked questions that made sence I.E were was i on this date and time and such and what was i wearing witch i could anwser no problem and other question that shocked me so much that i found it hard to even speak never mind anwers but after alittle time i was able to.
i under stand the police have to do there jobs but some of the things they said almost made me want to just die :-(

i have a wife and 4 childeren and love them with all my heart and becasue of this girl that is only 14 accussing me i,am not aloud to be near my family or home becasue this girl live's next door to my house..when i got bailed i was told i had to leave the area i live so that i would not see any of the witness's and maken them change there minds ( sorry i could not spell the right wording i needed) as such i have had to go to family in another city 80 miles away from my home and it's dragging me down day by day becasue i,am not able to see my kids and wife.
one of the reasons they were happy to bail me to such a far off place was becasue the memeber of family i,am staying at is a police offericer.
i asked his advice on afew things i was unsure about and he has been great in given me as much as he could but i still have thing's i cant get my head around and to tell the truth i,am finding it harder and harder when talking to people about it as it's hurting to much.
the main things are the thing's that were said by the police when i being interviewed...i under stand the police needing to say thing's to get some one to talk but using a persons family i thought was not right.
one of the things the officer said was "we have had a word with your wife and she says she does not want any thing more to do with you and she wants you to stay away from her and your kids" witch at that point in the interview i broke down and was un-able to speak, later once i was bailed my wife and mother came to pick me up and my wife ran to me and hunged me as if we had never seen each other for years...witch made me break down again, i asked my wife about what the police officer had said and she said she had never even spoke to any offericer's let alone said what the officer said she said.
i had to leave the area asap and go the 80 miles to my familys home and i,am so happy my wife came with me as we had time to talk about what had gone on and such and about how much my kids were missing there dad. she has told the kids i,am away working so might not be home for some time..we both agreed not to tell the kids about whats happened as my children are 10-8-6-1and half.

one of the things that my family member is haven a hard time under standing is about the time i was held in the cells...i was held for 36 hours and 14 min's and he says becasue they never went to a court to get more time to hold me that they have broken the law them selfs by holding me the 14 min's and that i should have eva been charged-bailed-nfa at the 36 hour point. when i rang my soliter about it he start shouting as if some one had lit a match under him and he was looking in to it. i still dont know what that means about the 36 hour thing , i i under stand is they made a mistake and might get a slap on the hand for not doing it right.

another thing is when i was ment to have done the thing i,am accussed of i was very drunk (as it was new years eve ) and i have blind spots that i cant remeber they are not a great big blind spot just silly little one's witch i pointed out to the police ..things like i cant remeber what drink i was drinking or how many times i went to the loo (witch they asked alot) they also asked if i remeber haven sex that night or the next day at all and witch i anwsered no to becasue i could not remeber, i remeber going to the loo at around 2am and being sick and haven a blind spot then becasue the next thing i knew i was in my bed next to my wife and her waken me up to say i was maken some funny nosie's like i was going to be sick again..she sent me to the loo again and i was sick once again ...i remeber returnign back to bed and wishing my wife a happy new year and sorry about being sick (as i felt silly about being a grown man and being sick like a teenager that cant handle his drink ) but the thing is i dont drink that much and only drink on spicle time's like birthdays -x-mas new year and so on so it dont take much for me to get drunk.

like i said i could not tell the police if i had sex or not becasue i could not rember but when i was talking to my wife on the way down to the palce i,am bailed at she said that we had sex in morning when she had came to bed, witch i feel bad about for my wife as i have never been in that state of drunkenness not to rember maken love to her.

sorry that many of the things i have said might make no sence to many people as i,am still trying to get my head around things my self. i,am going to have a chat with my member of family some more and get him to give me a had to fill in any thing that i might have missed or said wrong in this post.

thanks for your time in reading all this and sorry once again about my spelling.

Contact FASO on 0870 241 66 50 only available evenings or e-mail them or you can e-mail me on tonylowery@hotmail.co.uk, I'm am an advisor to FASO and can pass on your details. FASO can supply you with information you need such as help orgs, solicitors, advice on proceedure, backed up with leaflets. If you used a duty solicitor find yourself another who deals with these cases and has the experience and prefferably out of the area. Hope this helps and we will do all we can to help you.

[mouse]

Further to my earlier response.

thanks for the replys and sorry i have not got back sooner to reply.
i know that saying "i was drunk" is a bad reason for not rembering but the sad truth is i dont drink and only do it on those time's,,,it probable does not help that i was mixing drink's though out that night "whiske--vodka--absynth "
and i cant rember if i said in my other post i had told the police i was more than happy to give any sample's they needed from me the second i walked in the police station and also to take any of the cloth's i had on that night should have still been in the dirty wash hamper in my home..i also told the police about every one taken pic's of the night so if they wished they could look at them and make sure i was telling the truth to what cloth's i had on.

but the police did not even take any of my gear.




another thing i,am still not sure about is my wife has rang me alot and told me about the girl i was ment to have raped keeps coming over to our home and keep trying to be best m8's with my wife and is acting as if there is nothing wrong or happened.

my wife and the polcie have told her to stay away yet she come's over again and again as my home is only over the road from her's.
my wife also says when she has told her the reasons to stay away " your not ment to be here becasue of whats happened " she keeps saying to my wife " i wish i never opened my mouth" to witch my wife has said what you have done is done but go away as we have to try and pull our live's back from this " and to witch she has said " it's ok once this is all over we can get back to the way we where " and my wife replyed " BACK TO THE WAY THEY WHERE? " from there my wife had to ring the police to come and remove her from the front of the house.

The less you tell police the better, tell your solicitor & let him decide whats relevant to tell them. Used against you if not careful, often taken out of context. Advice to anyone is 'Never ever talk to police, unless you have a solicitor with you' Ignore threates of night in cell etc., 1 night now is better than hundreds more later. Police are under pressure from Gov. & orgs to get convictions & there are many police officers who are not too fussy how they get those prosecutions.

[mouse]

Your Barrister

well i have been to see my barrister yesterday and i was shocked at the way he started the meeting.....he started off by stating if this goes the wrong way i,am looking at 15 years and then started badgering me with questions over and over again and not given me a secound to reply and i felt soooo small i almost broke down then he stopped and said " this is the way the cps barrister will go at you, this is to show you what you have to come" i see the method in why he did this but Dam it was a big shock...i found out he is a defence barrister as well as a cps barrister....i never knew they were aloud to do both.

near the end of the meeting he said some thing that gave me some hope in a since, he said " if i thought you had done this i would tell you to go away have a good think about things have a good talk with your wife and family then come back and tell me the truth, yet what i will say is go home now with your wife and stop looking at the papers have a break and do some thing to take your mind off it for a few days atleast"

what i did come out with was the thought of i DONT want to be one of these people that go to jail for some thing i,ve not done then years later the truth comes out and i,am cleared..... i have got faith in him and like i said i just got abit of a shock when he started the meeting.

my deff papers are going in soon then my ple not long after...then the dreaded start date.

Sounds Like you have a good one. Yes barristers work both sides of the fence & it has always amazed me that our justice system rely's solely onthird hand information in Court, you have to impart everything to a solicittor, who in turn picks out what he thinks is relevant & passes this to the barrister to put to the jury. Ever heard of 'chinese whispers' Don't forget you are the Client and can sack them at any time.

[mouse]

Bad character...the more they can confuse a jury with the better,

I think that your solicitor might be right - they are trying to bring in "bad character". However, as this does not relate to sexual offences then I cannot see it being admitted into the evidence by the judge, unless the current allegations include physical assault - although there again, getting into a fight is rather different than physically assaulting somebody, depending on the circumstances. Previous offences (bad character) should be relevant to the case.

You will need to explain what the fight was about, who started it, whether it was self-defence etc (the records will be available).

Sounds like you got one of the original bent cops who will do anything to get a conviction, & it's these Bd's who get promoted & pass on their corrupt ways to the younger coppers. The IPCC are a Gov. tool to cover up police abuse & we have no power against what is now a police state. I have just left Court after proving in black and white on a Bank statement that a copper fraudulently used his credit card and claimed the money back amongst many other lies and breaches of PACE and then falsley accused someone else of fraud on his card and the Judge ignored it and dismissed my case..........our police and judicial system is as corrupt as they come and only hope is for the public to start realising it and using the new Governments open policy to force the message home that we need changes and safeguards......ps. Don't want to put more worries your way but even if you are acquited at a Court case, S/S and police will still consider you guilty and you will be harassed and your name will still be on CRB checks so any work you do or want to do will probably be a no no, with again your family suffering......I'm here anytime if you want to discuss anything or need advice.... tonylowery@hotmail.co.uk

[mouse]

.I'm new on here so I joined this thread which FASO deal with on a daily basis a bit late.

I'm 'mouse', (tonylowery@hotmail.co.uk) and been through similar and now use my time to help others....I'm new on here and my responses are not always in the right places but hope they help, and that I can help anyone else who finds themselves in similar circumstances.
My advice to everyone is right from the start 'do not talk to the police without a solicitor present' do not fall for their many tricks, will arrest on a Friday eve/night so you believe them when they say they may not be able to get solicitor til next morn or even after weekend so you will have to stay in cell. They will try and get you to use duty solicitor, better than nought but most don't want to be there and its better if you have a good solicitor to call on. Get a list from FASO or other orgs.so that you and your family have it handy. In sex cases it is of utmost importance to get a solicitor who has experience in these cases. It is also important in my experience that you get a solicitor from outside your area. (Think about it...all duty solicitors are drawn from your local group, these solicitors, local Court officials and local plod all feed at the same trough, in my opinion better to get someone who is totally independent of them.) I will get on here as often as I can but time is often short.... to everyone

[RFLH]

Thanks for joining in Mouse - we can never have too much advice.

[mouse]

Thanks it's a subject I feel strongly about

Knowledge is power, someone said, 5 years in prison on a false allegation and 10 years fighting police corruption and the Courts and other authorities have taught me a great deal about 'the system'. Once you have that S.O. tag then no matter how right you are or how badly you are treated no one will look beyond that tag, so you are fighting discrimination rather than to get the truth accepted. That tag also enables all sorts of lies and distortions to be added to your records 'willy nilly' and the police have the power to deny you access to them whilst at the same time using them against you to harass and interfer with your life.
I will keep on and if my experience can help just one person it will have been worth while.
I repeat the most important advice to everyone ...DO NOT TALK TO POLICE UNDER ANY CIRCUMSTANCES UNLESS YOU HAVE A SOLICITOR PRESENT...what you say in what police call a friendly chat can decide your life.
I'm here to help if needed...mouse

[Rights Fighter]

Hi Tony

You suggested that the OP can sack their barrister at any time. This is actually no longer the case as it is getting more difficult to get a judge to agree to a transfer of funding. I've known people who have insisted on doing that then ending up with nobody to defend them, judge has refused to allow this so they've had to have a duty barrister who doesn't know the case.

If the OP has no confidence in their barrister then they need to talk to the solicitor. If they have no confidence in the solicitor then it might help if they find a solicitor who they DO trust then that new sol can put together a good argument for a transfer of funding.

The other option of course is to pay privately. That is going to cost!!

LSC do not care about the people involved in these cases. They are only bothered about saving money. In some areas a scheme is being rolled out whereby defendnats "with means" must pay towards the costs (if they are being funded) with no guarantee they will be fully reimbursed if found not guilty.

[mouse]

Agree,

Hi Tony

You suggested that the OP can sack their barrister at any time. This is actually no longer the case as it is getting more difficult to get a judge to agree to a transfer of funding. I've known people who have insisted on doing that then ending up with nobody to defend them, judge has refused to allow this so they've had to have a duty barrister who doesn't know the case.

If the OP has no confidence in their barrister then they need to talk to the solicitor. If they have no confidence in the solicitor then it might help if they find a solicitor who they DO trust then that new sol can put together a good argument for a transfer of funding.

The other option of course is to pay privately. That is going to cost!!

LSC do not care about the people involved in these cases. They are only bothered about saving money. In some areas a scheme is being rolled out whereby defendnats "with means" must pay towards the costs (if they are being funded) with no guarantee they will be fully reimbursed if found not guilty.

I agree fully with what you say, however if Barrister or solicitor are not doing a good job then you are the client and you have that option. If Judge disagrees then you will certainly have damn good grounds for appeal if case goes wrong. Better off defending yourself than have some half wit who's going to get paid regardless making your case worse because they don't know the facts. Wish I had known this at the time but I was totally clueless as to how our legal system 'worked'.

[Rights Fighter]

I don't know many judges these days who would allow the def to cross-examine his alleged victim.

I have however seen where a decent solicitor has been approached and an argument has been prepared by a helpful barrister instructed by the sol and the transfer has been allowed - although over the space of a couple of days the judge has ummed and aahed about it.

I believe I've seen this happen half a dozen times in the last three or four years.

[LS]

I believe it is not allowed for a defendant to cross-examine his "victim" any longer, especially in sexual cases, as the result of an Old Bailey case in which the victim was put through 6 days of interrogation by Ralston Edwards in 1996.

She likened it to being raped twice, once by him, and then by the legal process.

The law was changed in 1999, and is fully explained here:
http://www.telegraph.co.uk/news/ukne...anonymity.html

[Rights Fighter]

Thanks for that clarification LS. I had thought something like that had occurred but had no idea when the law changed.

[LS]

Thanks RF, I remember the case well when it was in the papers. The bye-line was that the defendant gleaned sexual gratification from his cross-examinations, and that that was the main reason for changing the law to prevent repetitions.

[mouse]

Quite possibly

I don't know many judges these days who would allow the def to cross-examine his alleged victim.

I have however seen where a decent solicitor has been approached and an argument has been prepared by a helpful barrister instructed by the sol and the transfer has been allowed - although over the space of a couple of days the judge has ummed and aahed about it.

I believe I've seen this happen half a dozen times in the last three or four years.

One of the most important weapons the defendent has is the requirenment for the Court to ensure they recieve 'EQUALITY OF ARMS' with the prosecution, anything that denies the defendent that is in breach of Human Rights.