Solicitors and legal help

[not guilty101]

Hi everyone,

This Is my first post as i've recently been falsely accussed of historic rape of an ex girlfriend who i was with for three years and the accusations date back to two or more Years ago. This allegation came after i have started a new relationship so I assume the motive is sour grapes. I have explicit consensual texts from the person whom is accussing me of rape from just four months ago.

Obviously since this Is false there will be no évidence for thé accusations. However I'm still paranoid and worried, does anyone know what the cps would need to take this to court? I was arrested and interviewed with a duty solicitor to which I denied all accusations and have been granted unconditional bail, which I take as a good sign. I'm not sure how much I can trust the duty solicitor as I've heard they can be rubbish. He Did claim the police were not at all aggressive and that the interview went well. However the main reason for this post, is to ask if anyone can reccomend some decent solicitors who have expertise in this area and advise me on my next steps etc.

Thanks

[evian1976]

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

[evian1976]

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

welcome and sorry to find us in the manor you had too.


take a look at the link

[Casehardened]

Hi & welcome to the forum,

Unless you are charged a solicitor will not be able to claim legal aid on your behalf except for sitting in on interviews. Therefore unless you are prepared to pay privately for advice you will probably not get very far just now; having said that there is no harm in researching possible firms and Evian has suggested a good link for this.

Another which will help you understand the general process is:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Specifically in your case, the texts which you mention are powerful evidence for your defence should this prove necessary though I suspect from what you have told us that it won't be.

Did you mention these texts in your interview and did the police take your phone for forensic analysis? If not it would be a worthwhile precaution to save these independently away from the phone (though my technical ability doesn't extend to suggesting how this can be done!) in case they are accidentally deleted.

[myhome]

Hi and welcome though sorry you had to find us...sadly your story is all too common.

the shock is horrific and the feelings and emotions you will probably experience will be intense - you may want ot seek help and support from your GP - many of us have found them to be very supportive and helpful

Things to think about - firstly - the police are not your friends and are not interested in who is telling the truth or who is innocent. They and the CPS have convictions targets to meet; bearing this in mind, do not give them any information in any form which you think will help to prove your innocence. They will "lose" it; deny they ever had it, or tell the exgf so she can change her story to fit what you said - she is allowed to do this as often as she wants - unbelievably!!!
Go on her FB page and see what posts she is making now and back when she claimed this happened. Take screenshots of them and store them and anything else you find, electronically, somewhere where the police won't get it should they take your laptop/mobile/tablet etc. These can be very important. A trial was recently thrown out part way through the second day on FB evidence painstakingly researched by RF.

Unfortunately "evidence" these days is what someone says. In order for it to proceed to court the CPS has to be 51% certain of a conviction. however, just because a case goes to court, it don't automatically mean it will result in a conviction - have a look at this link - just one of many successes on here.....

http://www.daftmoo.org.uk/mooforum/s...t=billykickass this page especially to the end. This case was "She said he did" "he said he didn't" that's all the "evidence" there was...he won!!!!!

keep strong - keep posting and we'll keep helping

[not guilty101]

Evidence

Thanks for the help everyone. I still have my phone with the evidence on it and I have backed it up. They did cease my computers etc. I'm planning on keeping most of my evidence and not informing the police as if I am extremely unlucky and it reachs court I dont want the FA to be able to perfect her story. Thanks for that advice.

There are many many holes I can pick in her story and accusations which I haven't yet revealed to the police but I believe are strong. I've been feeling okay until I get catastrophic and think about a false 5 year jail sentence. However I'm trying to keep positive and just hoping for NFA.


Also is there any other types of evidence you suggest I collect which could strongly aid this case? Also the police gave my solicitor a copy of her statement and told me every witnesses name which she gave them. Am I right when I say this is strange?

Thanks again

[can it get worse]

Hi - so sorry you have to join us on here.
It seems you have ben doing the right thing and backing your phone up etc.

Please take the advice which has already been provided.

Maybe someone can advice me on this - even though it is too late for us now ...............

I understand completely why not to offer information to OIC, but in order to avoid getting charged - it seems common sense to give as much information as possible. But then this can back fire as it can allow FA to change his/her story.

So the dilemma is - is it better to offer more info in order to avoid a charge decision????

[myhome]

Maybe someone can advice me on this - even though it is too late for us now ...............

I understand completely why not to offer information to OIC, but in order to avoid getting charged - it seems common sense to give as much information as possible. But then this can back fire as it can allow FA to change his/her story.

So the dilemma is - is it better to offer more info in order to avoid a charge decision????

Hi cigw - generally it is thought that if you give the police things which they have not asked about which is helpful to you, they can "lose" it, deny they ever had it, give it to the liar so she can change her story to render that information useless.
In the other hand, if you have a decent OIC (apparently there are some - wouldn't know whether mine is or not as he refuses to speak to me!!!) they could use the info appropriately and use it to decide whether to proceed to charge or not.
I have read that most people including solicitors, say to answer the questions you are asked and not volunteer extra info (although there is always the bit where they say, "If you do not mention xyz now that you later rely on in court......" etc etc etc....

Don't know if that helps or not???? xx

[myhome]

Also is there any other types of evidence you suggest I collect which could strongly aid this case? Also the police gave my solicitor a copy of her statement and told me every witnesses name which she gave them. Am I right when I say this is strange?

any social media sites; letters, emails, texts, photos, gifts, cctv footage; statements from friends who have seen you together at parties out socially etc; family statements - in short anything and everything electronic or otherwise which shows you and her together, with friends/family, apart.....

[can it get worse]

Thanks MY - yes I understand .

[lawlessone2009]

'Duty Solicitors' are a mixed bag. Sometimes you are lucky and find a true professional that will defend your case with the utmost care and attention whereas at other times you will receive someone who is simply collecting the cash on their rota system and has little care of actually defending anyone in a court of law.

There are many truly great solicitors out there and sometimes it is simply a game of 'chance' whereby you discover the 'one' for you. My mum found mine whilst I was being questioned after having refused a duty solicitor...

I never had the luxury that you have at present. You will be able to seek out a legal eagle with the potential help of others. You will be able to research their backgrounds and ask them a few questions/get a feel for them before signing on the dotted line. I had to visually check mine out, analyse his voice and ways in which he acted and then simply go with my gut feelings. Luckily my mum is blooming good at sussing people out and my gut feelings are good at agreeing with her choice! I did however still check em out...

As for your 'evidence'. It is difficult to advise on this. If the texts are seeking sexual relations with you then these could swing either way in front of a jury. They could be made to swing the wrong way if your accuser has previous knowledge of them for an extended period and is able to construct a way to turn them into something that they are not. I would keep them to yourself and await your finding a solicitor.

It is not set in stone that you will be charged. There is a great pressure on the prosecution to pursue cases of a sexual nature but I am also finding, to my delight, that there is an ever increasing backlash from those that find themselves wrongly accused and needlessly prosecuted/attempted to be prosecuted (I'm one of them). I would advise that you check out who your duty solicitor works for, where their expertise lie and whether they will be present in future 'meetings' with the Police. If you are simply passed on to another duty solicitor then I would definite seek out your own representation but if your original duty solicitor goes out of their way to treat your case as if it was their own then I would give them a second glance and check em out.

Do not feel compelled to stick with them.

Check out solicitors just now and ask questions. Generally most solicitors have a 'profile' that gives an impression of what they do and who they are.

[not guilty101]

No further action.

Hi Everybody,

I would like to Thank you all for your support and help with this matter. Sorry for not replying as i had no access to the internet as my phone was also ceased alongside my computer etc etc. This hell went on and dragged for 7 months, forcing me to not only drop out of college but caused excessive strain onto my family and current girlfriend whom was no doubt extremely supportive throughout.

At 18 years of age, i never expected me to be in this current predicament as i was on road to completing my a levels and going onto uni. However at least now i can begin to reconstruct my life and hopefully get back on track. Although the accusation which will apparently stay on my CRB indefinitely, may affect the line of work I'm aiming for. I won't let that get in my way. My condolences go out to all those whom are also stuck in this horrible predicament and to remember that although that at times there seems like there's no way out, just keep pushing.

-C

P.s

p.s.s

[Southwestaccused]

Brilliant news! Best of luck for the future

[is there justice?]

Fabulous news!

[Casehardened]

This is such great news and thanks for coming back and updating us...this is helpful for those members who are still going through the process.