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Appeal- Where to start ??

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  • Appeal- Where to start ??

    Hi Everyone,
    Went to visit him today.The dust has settled and its his 10th day in there.I mentioned that maybe he should think about appealing before its too late.(it awkward atm with our recent bereavement).
    Can anyone help as to how to go about this from the inside. We would want to change solicitors.How could he find someone to even talk to him about it in there.
    Even the prison warders seem shocked and came and suggested appealing against the sentence. However, he seems to believe he was told before if he fails on this his sentence would increase and would have no chance of ever getting out.
    I just need to know how to start the ball rolling.
    Does he only have a month from being sentenced to put in an appeal?
    Does he have to go through the original solicitor?
    Any help would be most welcome .
    letty

  • #2
    Hello

    Hope all went well. i'm sure RF will be able to help u with this x

    Comment


    • #3
      Originally posted by xxlettyxx View Post
      Hi Everyone,
      I mentioned that maybe he should think about appealing before its too late.(it awkward atm with our recent bereavement).
      Can anyone help as to how to go about this from the inside. We would want to change solicitors.How could he find someone to even talk to him about it in there.
      Even the prison warders seem shocked and came and suggested appealing against the sentence. However, he seems to believe he was told before if he fails on this his sentence would increase and would have no chance of ever getting out.
      I just need to know how to start the ball rolling.
      Does he only have a month from being sentenced to put in an appeal?
      Does he have to go through the original solicitor?
      Any help would be most welcome .
      letty

      As I recall he pleaded guilty - it is almost impossible to appeal a guilty plea especially when the plea was made after legal advice.

      He should take advice on appealing the sentence though. Attempting to appeal the sentence does not necessarily mean that the sentence would be increased - that is more of a rarity in fact. If he takes advice from a solicitor experienced in these matters then he will be given the facts rather than mere speculation.

      This first step is to consult a solicitor in relation to appealing the sentence. He could take advice on appealing the conviction but I fear the answer may well be in the negative - but anything is worth a go.
      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

      Comment


      • #4
        Thanks R.F,
        Didnt hold any hope against the appeal against the plea, to be honest I don't think I have the strength to go through it all again.
        We had accepted he was pleading guilty(rightly or wrongly) and a reduction in the 16yrs was our only chance.
        I feel totally cut off from him a.t.m with no phonecalls or letters supposedly because my(15yr old ) is in the house and its not allowed.I dont know whether he is getting my letters as he was due to be transfered.
        I fear he will have lost all fight and desire to push on with this and at a loss who to turn to.
        letty

        Comment


        • #5
          The prison chaplain can be a very good friend to an inmate. They will often pass messages (ie to say whether he has been transferred or not - they won't pass on messages like a messenger boy!)

          You could come to some agreement with the Governor that he could arrange to ring you when the 15 year old is not in the house - difficult when he is not sure what time he can use the phone but in some prisons inmates can usually say to within the hour. You would have to have a written agreement - not all prison governors will agree to this but it is worth a try.

          Could he not arrange to ring, say, when the 15 year old is at school?
          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

          Comment


          • #6
            this is all so sad to hear

            i feel bad for anyone that has to go go thru this trouble

            Comment


            • #7
              Thanks both,

              I've only had one call.He's finding it difficult queuing to use the phone and getting around due to his age, health probs(hes on crutches due to an amputation).I's a case of making a call when the opportunity arises- needless to say he rang when I wasn't home.I presume they must listen into calls and discovered it was my daughter who had answered.
              I feel as if I've been put on another planet.18mnth of hell and then nothing.We are just erased from society like lepers.
              Apparently a council worker is going to see him to terminate his tenancy and I will have 4weeks to leave our house.(We didnt follow the correct procedure)
              Cheers for all your support on here but due to a shortage of magic wands and miracles in my life I can honestly say Im beaten.
              lettyx

              Comment


              • #8
                Originally posted by xxlettyxx View Post
                I've only had one call.He's finding it difficult queuing to use the phone and getting around due to his age, health probs(hes on crutches due to an amputation).I's a case of making a call when the opportunity arises- needless to say he rang when I wasn't home.I presume they must listen into calls and discovered it was my daughter who had answered.
                I feel as if I've been put on another planet.18mnth of hell and then nothing.We are just erased from society like lepers.
                Apparently a council worker is going to see him to terminate his tenancy and I will have 4weeks to leave our house.(We didnt follow the correct procedure)
                Cheers for all your support on here but due to a shortage of magic wands and miracles in my life I can honestly say Im beaten.
                lettyx
                Will they re house you though Letty? Your daughter is only 15? x

                Comment


                • #9
                  hi, bigsis,
                  They dont have to as I Still have my share of a property with my ex.(mortgaged)
                  Lets just say everything was going fine until they found out about my partner "the paedophile" and then no one would speak to us. I've tried so hard to stay here but they are determined to use every excuse they can so we cant.
                  Hope everythings going ok.
                  lettyx

                  Comment


                  • #10
                    Letty dont you give up

                    Letty i to have a 15yld daughter, the council have to rehouse you, you are not voluntary homeless.Get a solicitor to contact the council urgently! I had hassle claiming rent and council tax for the home me and Kermit own, at the moment i have had to rent that home out move home and can move back in after 6mths.Stupid red tape! But please dont give up, you have rights!

                    My Kermit calls home every day and when our daughter answers she just says "hello dad i love u dont give up dad, i will get mum for you" then passes the phone to me. Kermit gets scared talking as there is a sign by the phone on his wing, No one under 18 is allowed to be called direct and punishment will be given if you break the rules! When i checked with the prison as im disabled and cant get to the phone quickly, i was told it is up to the prison who can speak to who and also letters or emails from anyone under 18 are checked and the prison decide if it goes through! Kermit has received all letters of our daughter but some prisons may not allow this, check with prison direct!

                    Kermit has his appeal being looked at now in London but he has always and will always maintain his innocence! Me and my daughter were with Kermit at home when he was supposed to have raped a girl at our home.
                    Kermit will never admit guilt so i dont no how appeals court works if you have admitted guilt! Get advice through another solicitor that is a specialists. Im sure Rf or someone else can give you advice on that.

                    Please dont give up, He needs you more than anything! My Kermit has been on suicide watch since Jan and is only just starting to try and fight and focus on appeal with help from prison officers , everyone on here and his family and friends.
                    Take care of yourself and your daughter and if you want private chat feel free ok x

                    Comment


                    • #11
                      Originally posted by Kermit View Post
                      Kermit has his appeal being looked at now in London but he has always and will always maintain his innocence! Me and my daughter were with Kermit at home when he was supposed to have raped a girl at our home.
                      Kermit will never admit guilt so i dont no how appeals court works if you have admitted guilt! Get advice through another solicitor that is a specialists. Im sure Rf or someone else can give you advice on that.

                      Good luck with the appeal Kermit.

                      Re Letty's man, hopefully he may be able to appeal the sentence as it does seem rather harsh.
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                      Comment

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