hi new here and a question that baffling me

[Indigo]

It's all in the details now Drake.
As much info as possible an base it on facts not just hearsay or maybe's.

They probably charged you and bailed you in your absence, no idea it sounds a mess to be honest.
Your solicitor should be helping you at this point but also go and see your doctor.

Explain the situation they should be sympathetic and help you in anyway they can.
All is all just a waiting game for you now and I wouldn't expect the November date to be set in stone
they may change it they may not just be ready for it.

Times like these you need nerves of steel, you wont have ever experienced anything like this in your life.
Just stay focused and remain calm. It's all you can do in the end.

[Drake]

Thanks Indigo

this is going be tuff just so glad of this community and the people in it

[Casehardened]

Hi Drake,

What a shock for you.....and what happens now?

Obviously court cases can take place in absentia as someone in my county was tried & convicted after he disappeared abroad but I'm puzzled about you not having been charged.

All I can imagine is that the CPS don't think it very serious and have dealt with it by means of a straightforward summons (which you didn't get!)

As you were also given the choice of trial in Mags or Crown this also sounds if the allegation against you is not considered a serious one (otherwise the Mags would have just sent the case to Crown Court)

[is there justice?]

Hi Drake

Sounds like a total farce by the plod/CPS.

I don't know enough about the procedural side.

As CH said, the allegations must be at the lower end of the scale for you to be given the choice of magistrates or crown court.

Hub was persuaded to go to magistrates by his inept team. For him, it was the wrong choice by a long chalk. Magistrates will be heard by 3 magistrates or one district judge. You have an automatic right of appeal if found guilty and that appeal is heard by one judge and one magistrate so long as you are not pressurised into a plea bargain. The lower the charges, the more they seem to encourage a plea bargain. If you need a good barrister Mark Barlow is excellent and is prepared to fight all the way.

If you choose crown court, you will probably wait longer, it will be a jury, it costs more but could be the right road. You will not have an automatic right of appeal if found guilty, you would need grounds for appeal. Magistrates statistically convict more the juries.

In any event, do not, under any circumstances enter a plea bargain or admit guilt for anything you haven't done. I will be saying this on here until the cows come home because I know first hand how much pressure and coercion can be applied and we live with the consequences. It cannot be undone in 99.9999999 per cent of cases so stay strong!

See your GP if you need to, they hear a lot of this now. Your family will be like most of us used to be, no idea that these false allegations are made so often. The default is to believe a complainant.
Take heart that there are a good few success stories on this site.

Keep coming back here with questions or to rant or to discuss your fears. We will all help as much as possible.

[Drake]

hi Casehardened
Thank you for the reply
I know right, no arrest, no charge, no summons
go directly to Jail ok it was overnight it was like it was all done by
proxy i cant wait until i get a QC just to tell him what has happen to me there has to be points of law regarding the treatment of procedure
thanks again
Drake

[Drake]

hi is there justice
yup yup I so agree Farce is one way to say
this is what it feels like to me the Plod spoke to cps
no criminal record not in debt there has to be something
if he was to breach bail he would'nt be so squeaky clean

that what i think happen then the magistrate sent the summon to the wrong address i end up with a Failed to appear against my name and you can bet you bottom dollar the prosecution will tell the jury if he was so innocent why didnt he turn up in court

christ sorry venting

wow thank you for barrister Mark Barlow details i will pass this onto my brief i could use someone fighting in my corner

my doctor has been helping alot and it was real difficult for me to tell him what was going on at first but my advise to everyone is for god sake talk to your own doctor man it has helped me so much
thank you
Drake

[Drake]

well its 5am cant sleep all i hear is the slamming of the cell door
it made me jump and later when the hatch opened with a metal on metal sound the bed was a blue plastic thing that stank of disinfectant
all i could do now was wait

i will never forget my first night in that police cell the foot steps of unknown people the sound of door banging a few cells down but why was i here police error or case fixing or simple human error what ever the dam reason i was scared
6 charges or allegation against me from a person i loved and cared about i remember the good times to which makes this so difficult
I have heard how people hate those around them who shun them i have said it too but damm i wish there was someone hear right now just hold me close and say it will be ok do i hate my x no i hate what she is doing to me
just wanted to say to this mainly for me sorry

[Indigo]

Couldn't agree more with using Mark Barlow, he was my barrister and was just simply brilliant.

[is there justice?]

He is brilliant but unfortunately for us, we found him to late when hub was trying to vacate his plea bargain on the advice of the first district judge.
He put forward an excellent case plus two points of law but the second DJ who heard the petition had closed her ears before Mark opened his mouth.
Mark has stayed in touch and given us other advice on connected matters, he is a top guy.

[Drake]

Thank you so much

i just hope he has the date free to help me with my case but the weird thing is my solicitor now saying things like how good the barrister they have pick for me but omg he looks like a school boy
can i reject him is that allowed ?
please peeps i need advise

what if M.Barlow cant make the dates can i ask for a different date ?
help please

[Drake]

should i make a new thread

i dont know what to do

please help

please

[is there justice?]

Not sure on procedure, you don't have to take their barrister if paying privately though not sure if on legal aid but anyway Mark is not greedy by any means.

If he cannot make the date he will make sure you are well represented.

Any doubts about the barrister your sol proposes, say no unless he/ she has an excellent track record in such cases. Had my hub changed legal team at the right time we would have had a much better outcome.

Try not to panic and imagine the worst all the time. I know that's not easy but you need a clear head.

[Rights Fighter]

Thank you so much

i just hope he has the date free to help me with my case but the weird thing is my solicitor now saying things like how good the barrister they have pick for me but omg he looks like a school boy
can i reject him is that allowed ?
please peeps i need advise

what if M.Barlow cant make the dates can i ask for a different date ?
help please

Is Mark in your area? He tends to work in the North West.

You can tell your solicitor that (if you are in the NW) your preference would be Mark Barlow and to please contact him to ask if he is available and if not, please to ask for an adjournment/extension of time so he can be instructed. You must be firm on this.

[Rights Fighter]

I Have been charge with breach of the bench failing to appear warrant 6 historic accounts against me by the cps
my solicitor only comment was he would get me a silk as soon as possible legal aid approved

can anyone please tell me wtf just happen ?

it's very unusual for legal aid to pay for a Silk unless the case is super complicated. Mark is not a QC

[is there justice?]

Mark has moved very much northwards now so that may help.