Solicitors instructed whilst under investigation, not charged yet

[Incredulous]

Thr member of my family that has been FA is about to instruct a solicitor who will carry out investigations whilst he is on bail. They will ask for the the taped interview and details from his mobile phone and laptop. They will take statements from people who will speak for him and attend his next interview with him. They will take over from the DS and obtain all his notes and inform the Police they are acting for him. They hope to present what they find to the CPS prior to a possible and unjustified charge. It is a fixed fee without disbursementts which at this point they feel would be minimal. Plus travel expenses. He is feeling peace of mind at having someone working for him already.

It seems to all of us this is a sensible way forward.

Can anyone tell me if this is a suitable and normal way forward. It seems to be a very logical step, but I don't see it happening on here anywhere.

Ps it's not SC

[Rights Fighter]

If you can afford to pay that is a good way to go. Hopefully you have chosen somebody who will do what they have said they will do. Please do keep us updated how things pan out.

[Incredulous]

Thank you for that RF .. We have no choices but find the monies from sonewhere.

Ps he did ring Chris but he was on holiday last week and no reply this week. We are in Sussex.

[tiger mum]

Hi Incredulous - we instructed a solicitor as soon as we knew it was likely my son was to be arrested. He attended interview and did all the progress chasing with the police on our behalf. As my son got an NFA and wasn't arrested or charged, the solicitor didn't do much actual work on the investigation, but I collated lots of information off social media sites and asked a lot of questions about what was going on in the teenage community around the time of the allegation was made and sent them through to him. He told me what to look out for and told me what we wouldn't be able to use.

As we were funding the defense privately he said he would simply store up the information to use if needed - therefore not incurring costs which weren't necessary. The police weren't moving very fast and I was concerned that the window to collect this evidence was being missed - I felt less stressed knowing I was doing something!

I also contacted the barrister who had successfully defended Micheal DeVell (Kevin Webster) and asked his advice on what we could do at the stage we were at (other than sit back and wait for the police to do their investigations). He said the solicitor could send through a summary of what evidence they had to influence the decision of the CPS (as your solicitor has) - but the solicitor we had engaged (Tim Walker) wasn't keen on this option. I think as the investigation progressed we all realised the FA's story didn't add up, there was no DNA evidence and the FA was telling others at school she did not want my son to be charged. He said he felt the police were being very open and fair with us (though I didn't) and an appeal to the CPS may appear critical of the OIC and we shouldn't wind her up.

I think having expert advice from the start of the process really helped us, I didn't find this forum until 6 weeks after my son was interviewed. I know some people think stretching yourself to pay privately for advice is the wrong thing (even my son's dad did and wouldn't contribute even though he's loaded!) but for the sake of our peace of mind it was invaluable.

Having been through it I can't imagine how we would have coped without a solicitor on board, he took so much stress out of the situation. Good luck.

[Rights Fighter]

Thank you for that RF .. We have no choices but find the monies from sonewhere.

Ps he did ring Chris but he was on holiday last week and no reply this week. We are in Sussex.

He was in the office just now so ring him asap before he goes out

[Incredulous]

Thank you Tiger Mum

No his father won't contribute either!!! So it's up to him/ us to find the money. Your words are reassuring so thank you. This happens to other people doesn't it? It's incredible.

[Incredulous]

He was in the office just now so ring him asap before he goes out

I have called thank you. Spoke to Frances

[Rights Fighter]

Jolly good. Hopefully Chris will ring you back if you asked him to.

[tiger mum]

I know it can happen to anyone - I've got two really good kids who don't cause me any trouble at all, then bam! World upside down with no warning. It really pulls the rug out from under you, very scary.

I know others on here who are equally as innocent have had a much rougher ride than we did - but still both my son and I are a bit traumatized. He's got his life back on track after the NFA but he's not the same lad - I don't think he'll be bothering with girls until he's at least 30! He still has to face his FA at school every day knowing what she said about him.

I hope you feel better soon, you might do if you feel more in control and prepared for the worst x

[Incredulous]

Yes Tiger Mum, your world as ours is upside down.

[Rights Fighter]

I really am so sorry to read this Incredulous. I have sent you a PM

[Incredulous]

Hy There RF,

I have replied to your PM you kindly sent me but neither are appearing in my sent box, so I rather doubt you are getting them. Could let me know if you have them and I will tell you why We feel so disappointed. Many Thanks

[Rights Fighter]

I've added you as a contact now, although because I sent a PM to you, in theory I should have been able to receive a reply. I have before.

Maybe resend, please? Sorry for the inconvenience. I used to have my PMs open but people would message me rather than post on the forum and my time is limited when I have active cases on the go.

[Casehardened]

I have replied to your PM you kindly sent me but neither are appearing in my sent box, so I rather doubt you are getting them.

NB. It is necessary to tick a box to ensure that PM's are retained in the sent folder, wondered if you had done this?

[Rights Fighter]

Thanks CS. We've now been in touch and we had a long chat this lunchtime on the phone. What a lovely lady!

I had ticked the box so initially replies must have got lost in the ether.