Trial date set

[is there justice?]

What next??

With just three weeks to go, I feel in absolute panic.

Hub has tried on several occasions recently to get hold of sol but he is always away. We have paid all our monies to him for Court/Defence/Barrister which we had to do because at plea hearing the Magistrates wanted to be sure everything was in place to proceed. Not only have we not even met with the Barrister, apparently the Sol couldn't get the one he wanted so we don't even know who it will be or if he has even found another.
We sent the sol hundreds of emails, screen shots etc weeks and weeks ago but we don't know if he has read them.
When we were paying sol per letter, phone call he was constantly available and phoned us regularly. Now it's all paid, it's silence.
I don't want to panic hub as he felt comfy with this sol but I feel very uneasy.

I'm finally going to the Doc's today as I just feel hammered

Am I over-reacting?

[whatsgoingon?]

Good morning ISJ - I'm sorry you're in a bit of a state buy hey IT'S PERFECTLY NORMAL! You're not over-reacting either. Your sol may be on holiday, or he may have more pressing things to deal with. Our sol didn't reply to everything we sent, but I suspected he was reading them, which he was - he just wasn't getting back to us every time. As far as the barrister goes, he should have certain people he's used to working with. It does seem to vary from case to case, but we didn't meet the barrister till 3 weeks before the trial and it seems some only meet theirs a day or two before. If you're really concerned that he's not doing what he should be, phone his secretary and see what the situation is.
3 weeks away is harder than the last week in some ways, a bit of time out would probably do you the world of good.

Seeing your doc is a great idea, he can give you something just to tide you over and make sure you get enough sleep.

Take care

[Casehardened]

Just an anecdote which may or may not help

....the day after my interview (sans solicitor!) I went to the firm that was handling my house sale and asked to see the criminal defence team;" what is it to do with?"...well no way could I confide the female receptioist so I just said it is very serious and could I see a male solicitor.

I was collected by the senior partner and ushered into a private room. When I told him what I had been accused of, he visibly relaxed and his body language said 'is that it?'.

Ironically this was the second of many glimmers of hope in my darkness; incidentally I never saw him again & was passed on to underlings for future contact

I suppose what I'm trying to say is that this is all run of the mill stuff for the professionals and probably your firm is dealing with potentially far more serious cases(but that is still no excuse for not returning your calls)

[frightened spouse]

Hi ITJ

With only a few weeks to go it must be perfectly natural to be panicky. Having read other threads certain things stick in my mind, one being a quote form Billykickass when he stated that going through the process was worse than " a tour of afghanistan" which really puts into perspective the fear factor endured by the falsely accused and their families.

Going to the doctors sounds like an excellent idea to get additional support to get you through the next month or so, from the sound of your posts you are doing your utmost to protect and shield your husband from your anxieties a feeling I know only too well. It is so important that you have an outlet for your own feelings to help you stay strong.

Fingers, toes and everything else crossed that within the month, justice will be served and you can start the healing process.

Best wishes

Frightened Spouse

[is there justice?]

Thanks for the 'normality' check WGO, CH and FS - sometimes it just grows too big to handle!

We heard from the Sol's office yesterday afternoon. Sol is on hol this week but has a Barrister in place which we will discuss next week as she is still a pupil Barrister. This is a bit concerning but taking into account CH's comment and the general view this is comparatively minor with plenty of contradictory evidence it may be that she is appropriate. Everyone has to start somewhere I suppose.

My GP was marvellous and just listened while it all poured out, bless him. I have some ADs that I'm reluctant to start on given the timescale but I also have some pills to help me drift off at night if needed. I was asleep within 20 mins last night but didn't take a pill. Either I was just worn out or just knowing I had a pill for a back up took the pressure off.

I think Hub is now considering a GP visit because the GP was not shocked and very empathetic.

Oh the Sol's assistant confirmed they had received all our stuff too.

thanks guys for your support on a 'crisis' day!

[whatsgoingon?]

That all sounds much more positive
A pupil barrister is quite likely to do her utmost... after all, her future career is at stake ( I'm not sure how this ties in with the fees you've paid, though). As time with the barrister is at a premium, it's a good idea to write down things you want to ask her (leaving spaces for the reply) Things you want to inform her of or stress, should be presented in an orderly fashion (with appropriate reference to statements or other evidence if relevant).

I find that so long as I can sleep during difficult times, I can cope. I've also been a bit reluctanct to take AD's in the past but half or even a quarter of a sleeping pill for a few days to get a proper sleep routine back can do wonders.

Keep the positive attitude up - you're doing great!

P. S. It's comparitively minor, but make sure that in his defence, there's no shadow of a doubt of his innocence.

[myhome]

Hi ITJ - I'm glad you found your GP to be so sympathetic and I hope your hubby goes along too. You now have someone you can talk to face to face who can also monitor your mental and emotional health. Hope fully your ordeal will soon be over and you can start to rebuild your lives....MH

[is there justice?]

Thanks WGO and MH

[Rights Fighter]

Are you paying privately or contributing to legal aid? There is a difference.

Have you met with the barrister yet? If not - which area are you in? Just say north west/ Midlands / South east - wherever you are. I might know of one who would do the job properly in your area.

If the sol still has not got back to you, ask to speak to or write to a senior partner in the firm, outlining your concerns that the sol doesn't seem to be interested in using the material you have gathered. if it is not admissible the sol could at least tell you and explain why, rather than leave you wondering what's going on....

[is there justice?]

Are you paying privately or contributing to legal aid? There is a difference.

Have you met with the barrister yet? If not - which area are you in? Just say north west/ Midlands / South east - wherever you are. I might know of one who would do the job properly in your area.

If the sol still has not got back to you, ask to speak to or write to a senior partner in the firm, outlining your concerns that the sol doesn't seem to be interested in using the material you have gathered. if it is not admissible the sol could at least tell you and explain why, rather than leave you wondering what's going on....

Hi RF

We are paying privately with no legal aid. The Sol is back on Monday/Tuesday so will be speaking to him re meeting the Barrister. His assistant says they have all the stuff but we aren't sure what they can use/not use. We are in the southwest but not as far as Devon.
I'm probably getting my knickers in a twist but I'm concerned that no-one has been formally asked to attend court yet.

[Rights Fighter]

If you are a private client then they should be liaising with you and not ignoring your messages - that's partly what you are paying for. Contact the sol and tell him/her that you will make a formal complaint to the Senior partner of the firm if they don't tell you what is going on.

I would have suggested Nunn Rickard sols but I suppose it's too late now to change. Or the sol I work for - he works nationally.

[is there justice?]

We are seeing the Barrister on Monday. Hub doesn't want to make any changes and now feels confident of a NG verdict. Of course he may have emails etc that I'm not aware of, and would rather I didn't see. Sol thinks worst case would be having to appeal (automatic right) where he feels confident it would be overturned.
I hope this confidence is well-founded. I'm not going to probe as there's been enough hurt and we need to keep moving forward. I'm feeling calmer mainly because I have no choice.

[babygurl8492]

I wish u both the best of luck!!

[Rights Fighter]

We are seeing the Barrister on Monday. Hub doesn't want to make any changes and now feels confident of a NG verdict. Of course he may have emails etc that I'm not aware of, and would rather I didn't see. Sol thinks worst case would be having to appeal (automatic right) where he feels confident it would be overturned.
I hope this confidence is well-founded. I'm not going to probe as there's been enough hurt and we need to keep moving forward. I'm feeling calmer mainly because I have no choice.

I wasn't going to answer this first as I didn't want to burst your bubble. However members on here need to know that there is NO 'automatic right' to appeal convictions (or sentence) - not from Crown Court anyway. There has to be a ground or grounds of appeal that are arguable first. I've been working on appeals against conviction for a decade and I've reviewed paperwork where it is clear that something is clearly amiss and I've seen evidence the jury did not see where it has been agreed not to put it. Although it's obvious that the complainant was lying through their teeth - more often than not there are no grounds simply because the jury heard the evidence and still convicted.

I have one guy I have tried to help - his liar claimed vaginal rape and buggery over the course of ten years from age 6 years, several times a week. About two days after the last alleged assault she was medically examined and found to be a virgin and she had no injuries whatsoever. One would think she would have needed surgery when it allegedly first started.

In another case the liar said that semen went on the floor, cushions and his trousers. The police seized the cushions but did not have these items tested. They didn't bother testing the floor or his trousers. Further a family member said the police officer told me 'our S was covered in semen'. They seized her clothes and didn't bother to test them. A witness who took the clothes and bagged them up 'due to what the complainant told me' was not used by Crown or defence - she should have been. No grounds of appeal apparently. That one is now with the Innocence Project.

There is little common sense in most of these cases. But there is no automatic right to appeal from Crown Court to CA. You have to have arguable grounds, which could be either fresh evidence that the jury did not see before, that was not available at the time of trial and there is a good reason why it was not available, or grounds can be related to 'Abuse of Process' that was not picked up at trial, or was, but ignored. Grounds can also include a missed direction, a misdirection or glaring fault in the Judges Summing Up (JSU).

Nobody can know whether there are arguable grounds of appeal until the conclusion of the trial. Anything can happen during the course of the trial that can amount to grounds. But there is no automatic right to appeal from Crown Court to CA. You must have arguable grounds first.

I wish you the best of luck at trial and hope that you have a fair and impartial jury. Often the jury are swayed by how forcefully counsel puts his or her arguments in their closing speech. Hopefully you have a good barrister who will do this.


Edited:
I've just read more of your posts and see this might be one in Magistrates court - is that correct? That might be different then. Appeals to Crown from Magistrates court can actually rehear evidence that was put at Magistrates court but (potentially) ignored and used as grounds if relevant.

That cannot happen/be grounds for appeal at CA from Crown court. Just to clarify.

[can it get worse]

Hi ITJ,

I feel so useless in posting to you as I feel so helpless in offering any advice. But I assure you that you are both in my thoughts. It is unbearable all this and even though it is normal to feel like this, it does not make it any easier.

I'm feeling horrid today but trying so hard to be normal. My heart is beating so fast and feel I could collapse with fright. All normal stuff - I suppose but so, so hard. Not strong enough to go into further details yet but feel worse than ever.

Please try to stay strong - sounds like things are moving for you which must feel a bit better in that you are able to do/control something. Your intelligence and reasoning in your previous posts are a great strength to yourself and to others. We so much need to get thru this and together, maybe we can. what choice is there???

You have received sound information to assist your continuing uphill battle. Please dig your heels in and get to the summit. Success has got to be waiting for you.