Just charged - advice please

[lemuel]

Have just been charged with rape after 6 months on police bail. This follows an entirely false allegation and 6 stressful months on police bail. I have no savings or assetts but earn £28000 per year. How do I get a lawyer and pay? Is legal aid available to me. Will I get costs back if found not guilty. It seems impossible to me that I could be convicted but clearly the cps believe differently; this follows an occasion of consensual sex at my house after a night out. Any recommendations re lawyers? I'm ok to share more detail if this helps.

[Casehardened]

Hi and welcome to the forum though sorry about the circumstances that brought you here!

Other members have posted of their recommendations regarding lawyers in this thread; so you may be able to find someone suitable and local to yourself.

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

Legal aid is a bit of a minefield as most advice on the web relates to civil cases. You will get legal aid for criminal proceedings but may be required to pay a proportion of this up front on a monthly basis out of income.

Not all solicitors will take legally aided cases on but nowadays if paying privately you cannot reclaim these costs if acquitted. Your selected solicitor will apply for legal aid on your behalf.

Presumably you have now got court dates; use the time till then to help the solicitor to help you by writing down timelines and every bit of evidence in your favour, any witnesses to events before and after the alleged event, character witnesses such as previous girlfriends etc. Those members who are familiar with social media recommend screenshoting any posts by the complainant that show she is not traumatised and carrying on with normal life.

PS do not post any identifying details as this is an open forum

[is there justice?]

Hi lemuel

Sorry to hear you have been charged. As CH says, now is the time to do your homework.

I think everyone is surprised that the plod/ CPS thinks their FA will go anywhere but this is flavour of the decade and they care only about convictions not truth or justice.

Get the best legal team you can, preferably one that has been recommended on here. It will be a bit of a rough ride so make sure you have support hopefully from friends and family but we are all here too.

When you read through the threads you will come across many positive outcomes so that will give you strength.

[lemuel]

Thanks

Hi and welcome to the forum though sorry about the circumstances that brought you here!

Other members have posted of their recommendations regarding lawyers in this thread; so you may be able to find someone suitable and local to yourself.

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

Legal aid is a bit of a minefield as most advice on the web relates to civil cases. You will get legal aid for criminal proceedings but may be required to pay a proportion of this up front on a monthly basis out of income.

Not all solicitors will take legally aided cases on but nowadays if paying privately you cannot reclaim these costs if acquitted. Your selected solicitor will apply for legal aid on your behalf.

Presumably you have now got court dates; use the time till then to help the solicitor to help you by writing down timelines and every bit of evidence in your favour, any witnesses to events before and after the alleged event, character witnesses such as previous girlfriends etc. Those members who are familiar with social media recommend screenshoting any posts by the complainant that show she is not traumatised and carrying on with normal life.

PS do not post any identifying details as this is an open forum

Hi lemuel

Sorry to hear you have been charged. As CH says, now is the time to do your homework.

I think everyone is surprised that the plod/ CPS thinks their FA will go anywhere but this is flavour of the decade and they care only about convictions not truth or justice.

Get the best legal team you can, preferably one that has been recommended on here. It will be a bit of a rough ride so make sure you have support hopefully from friends and family but we are all here too.

When you read through the threads you will come across many positive outcomes so that will give you strength.

Thanks so much. Advice and support is helpful at such a difficult time.

[thisisinsane]

legal aid

Here are some links that might be helpful to you

https://www.gov.uk/legal-aid
Legal aid overview

http://www.adviceguide.org.uk/wales/..._legal_aid.htm
Citizens advice guide for help with legal costs

[lemuel]

Here are some links that might be helpful to you

https://www.gov.uk/legal-aid
Legal aid overview

http://www.adviceguide.org.uk/wales/..._legal_aid.htm
Citizens advice guide for help with legal costs

Thanks. It seems like my best bet is to pay privately for a specialist with no hope of reimbursement. This is worth it for an acquittal or ng verdict but, as someone innocent of any crime, seems beyond belief!

[thisisinsane]

I have sent you an e-mail as You are a new member and I cant PM you.

I was told that there shouldnt be much difference between solicitors who work on legal aid and those who are funded privately. I think it is worth trying to go on legal aid as this could become very expensive. If you want to know if youre entitled you should contact your solicitor, if you dont have a specialist one yet you could try asking your current one / the one who represented you at the police station.
its always worth asking!

Edit:
There are also solicitors who are specialists and do take cases that are funded by legal aid, Gerry McDonald from EBR Attridge and Rustem Guardian solicitors from London for example. If you take a look at the section of solicitors recommended you will see that members of this forum had positive experience with both of them, and many more.

[lawlessone2009]

One little thing...

Even if you are NOT entitled to legal aid, APPLY FOR IT.

If you are not entitled but have applied for it then there is the possibility of reclaiming costs on acquittal. If you have not applied for it at all then you cannot reclaim costs.

I stand to be corrected on this one but that is my understanding. Query it with any prospective solicitors for verification.

[lemuel]

One little thing...

Even if you are NOT entitled to legal aid, APPLY FOR IT.

If you are not entitled but have applied for it then there is the possibility of reclaiming costs on acquittal. If you have not applied for it at all then you cannot reclaim costs.

I stand to be corrected on this one but that is my understanding. Query it with any prospective solicitors for verification.

Thanks, I'll enquire.