advice please

[blowngasket]

i have been charged with an offence i did not commit but due to the accusers family blackening my character and putting somesubstance to her claims there is a good possibilty i could be sentenced althou there is no dna or visual evidence only her word i was not worried at first but due to there will be no facts only a chance of probability it may not go my way as it should. iam so scared of prison iam only a small guy not in the best of health ive heard there is a lot of bullying and stealing and i will need to stand up for myself iam not a fighter and would walk away from trouble how can you walk away or avoid such people i havebeen told never to tell a po if anything happens as you will be nown as a grass and things will get worse for you when your cell is open for association can you stay in andlock your own door i have not asked my soliceter if it goes the wrong way what sort of sentence i may get has i dont want them to think iam guilty the alleged offences took place over 20yrs ago i have never had any sort of conviction before then or since then for anything other than speeding offences i hold a shotgun licence and have good character will the judge take this into account if the jury finds me guilty i would liketo thank all the peope on herefor helping each other

[Saffron]

Hi Blowngasket
I have moved your post to a new thread so that more members can see it and respond.

Word-against-word cases are fraught with injustices on both sides. I am assuming that you have been falsely accused of a sexual crime, which is why you are here?

In order to try to alleviate your fears re: prison.....if you are convicted of a sex crime you will almost certainly be put on "The Rule" ie: in a Vulnerable Prisoners Unit (VPU). Bullying is much less likely in a VPU than on The Main wings.

Have you actually been charged, or arrested and questioned? If you can post a few more details (nothing identifying please) we will be in a better position to help.

[blowngasket]

yes it is a sex crime i have been falsly accused of over 20yrs ago the allegations apeared on face book from the accuser then the police contacted me to do a voluntary interveiw they gave me 2 weeks to respond i went the next day i then heard nothing for9 months i was then asked to go into be charged my interveiw was 30 mins long my solicetor archived my details becuase we had not heard anything but three family members are now blackening my name in statements although none of them seen anything has it did not happen i have always had good character and really worried i will not be beleived iam worried for my wife she has stated she will stand be but she is not in good health and all this worry is making her ill thanks for your reply

[Explorer1982]

Hi, blowngasket. Firstly, for your own sake, you need to take a deep breath and try to calm down. Easy for me to say, you might think? No, I've got something very similar hanging over my head right at this second. Reading and posting on here has taught me one thing: You need to be at your strongest and best to fight this allegation. Getting yourself wound up about the "what ifs" is SO easy to do, I know. Like many have said to me, it's not in your best interests. Do you have someone close you can talk to about this other than your wife?

I'm sure people a lot more sensible than I will chime in shortly, but just hang in there. Yes, it's a nightmare when this happens, and the obvious response is to fly into a blind panic. Take it slowly, one step at a time, and try to fight your panic about prison, it may not even come to that. Take care of yourself first and foremost, and try to let the panic subside a little. Trust me, it can happen, and the first time you feel the panic leave you even if only for a minute, grab that feeling and don't let it go. Remember that it is possible to get through this, however much terror you feel at this minute.

The support here is amazing.

[blowngasket]

thanks explorer1982
i have one freind i can chat to for obvious reasons only close family know about this. i went to the mag court just to enter a plea i knew i was coming home but i was scared stiff and my mind went blank iam scared if it goes to cc i will be wreck and could ruin my case before i get started i will take on board what you say and iam hoping chatting on here will help me prepare for cc if it gets there iam on unconditinal bail at the moment

[Casehardened]

Hi,

Sorry to hear that you have been charged after such a long wait in limbo.

You must now concentrate of working out a defence along the lines of, why should she make such an accusation, and why now after all this time.

Your solicitor will help to sort out what can be put forward and what can't, but really you must be the lead, after all you have more knowledge of the situation than him.

Also, are you happy he has sufficient experience of defending false accusations, if not this is the time to change; it will be more difficult later down the line.

[blowngasket]

in breif form she did not get on with her mum and clamed beatings etc from mum which i know not to be true i beleive the reasons for the allegations was to get her mum to feel sorry for her and get attention but her mum who i have not seen for over 10yrs i have heard she has stated that her daughter only brings this up when she cant get her own way with her even after all these years that is the short version of the story but its worrying has she is a good little actress and thrives on attention

[Casehardened]

ithat is the short version of the story but its worrying has she is a good little actress and thrives on attention

That's the stuff; you're out of the corner now with fists up!

Jot things down on paper as you think of them; basically you've got to think of questions your barrister can ask the girl which will show her up as a liar and attention seeker who manipulates people for her own purposes.

[blowngasket]

thanks casehardend for the first time in 9 months your comment has given me hope and i feel a little stronger many thanks

[Explorer1982]

thanks casehardend for the first time in 9 months your comment has given me hope and i feel a little stronger many thanks

There is always hope, my friend. Stay strong.

[blowngasket]

i have just been told that i have to apear at mag for a commital to crown court can anybody tell me what this involves and how long is it normaly then before you go to crown court i have spoke to solicetor who is not saying much has they are still looking at if i can have legal aid iam lucky i have good boss who is keeping me in work can someone advise on the court issues thanks in advance

[Saffron]

Hi
The appearance at Maj is usually quite short - a matter of half an hour or so. However it is hard to say how long you will be kept waiting around before your case is heard.
Good luck

[blowngasket]

many thanks saffron what is the reason for going whats actaly done there if they have said i will be tried at crown court its all so scary when you have never been in a court before and your innocent

[Saffron]

I think it's just following process. Maj court is used for less serious offences (such as speeding/drunk & disorderly etc) as there is a cap to the sentence they can hand down. Crown is used to try more serious cases where the sentences are likely to be more severe; also where the Magistrates themselves believe that trial by jury is more appropriate, especially if your plea is Not Guilty.

I am not an expert in these matters so hopefully someone with more experience will be along to advise you soon.

[blowngasket]

thanks saffron i received a phone call around 5pm from my solicetor with some questions re legal aid she said it could be 2 months before crown court we received a copy of the statements from the accuser and 3 statements from witnesses who state they did not see anything but have done a character assasination on me i asked the solicetor what she thought of them the reply i got that she would wait until she got the prosecution bundle has the statements she has at the moment is very scant and then she would give me her veiws its just a case of my word against hers i have only met her once and did not like to ask what the prosecters bundle is can someone explain please also she said she may not have it untill the hearing how can she defend me if she does not have the bundle until we get there please help this is a night mare thanks