A solicitors letter or not?

[Tdm]

I am on police bail and have spoke with, and paid for consultation with a few different solicitors. The thing they seem to differ on the most is whether to send a letter to police at this stage of the investigation or not.

Some sols have the opinion that it is good to write a letter to police highlighting your points and evidence in your favor to ensure that the police don't miss anything whilst handing it over to the CPS. (Apparently a letter from the solicitor has to be included with the package handed over to CPS from police)

On the contrary, some sols are of the opinion that the less information the police and CPS have, the better. This way if you are charged and it goes to court the witness may not be aware and can not prep for certain questions. Also, if the police make an error it can be used in your favor.

I'm of the opinion that it may help nip the case in the bud if you provide some solid evidence up front so it is more likely the CPS will shy away from prosecuting the case.

Does anyone have experience with this? Any opinions?

[Tdm]

I've received two emails that people commented on this but neither response is visible to me. What's happening?

[Casehardened]

I've received two emails that people commented on this but neither response is visible to me. What's happening?

The emails may relate to the other threads you have contributed to...

The question of whether to hand over evidence is a vexed one and frequently comes up for discussion.

The only way to answer it is to say that if any contradictory (to the allegation) evidence comes up the police are obliged to reinterview the complainant about it (otherwise they would not be doing their job) Therefore you must try to put yourself in her shoes and consider whether she will give up and admit it was all a fabrication or if she will come up with further stories to explain any discrepancies (and of course she will now be prepared for any cross-examination should it get to court)

I am aware this is not really answering your question

PS Thanks for your continuing support and advice to other members...this is much appreciated especially as you are still going through the mill

[Tdm]

The emails may relate to the other threads you have contributed to...

The question of whether to hand over evidence is a vexed one and frequently comes up for discussion.

The only way to answer it is to say that if any contradictory (to the allegation) evidence comes up the police are obliged to reinterview the complainant about it (otherwise they would not be doing their job) Therefore you must try to put yourself in her shoes and consider whether she will give up and admit it was all a fabrication or if she will come up with further stories to explain any discrepancies (and of course she will now be prepared for any cross-examination should it get to court)

I am aware this is not really answering your question

PS Thanks for your continuing support and advice to other members...this is much appreciated especially as you are still going through the mill

Yes I understand that but if they reinterview her, will that interview not be recorded and admissible in court? She can hardly change her story on cross examination if she's on record stating something else

[Rights Fighter]

The transcript of any potential 2nd interview of the complainant would or should be available to defence, should there be a charge.

You are slowly learning about the nonsense that goes on in these cases. Both interviews can be played to the jury or they complainant can be cross-examined on the one that is not played, if that is the decision of the judge, or agreed between both counsel.

[Boys don't cry]

Hello Tdm.

When I was accused of rape I went to visit the police and wrote three pages to them thinking that this would help me.
One week later I wrote another page that I was ready to handle but a solicitor told me not to give them anything more and he kept this last letter (dated and signed).

I was then charged and built a defence with material evidence that I only gave to my solicitor and barrister.

The three pages that I wrote to the police where extremely hard to get back (silly me not to make photocopies) and my barrister even asked if I did write them.
He finally managed to get them the first day of trial.

The letter that my solicitor kept for himself was used in court as I wrote it quite soon after being accused and arrested.

In my case I am happy I kept all evidence until the trial and as I read a few times in this website you must keep your cards close to your chest.

I am confident that if the police knew about it my fa would have invented more lies.When I was standing in the "box" I couldn't see but only listen to her.My barrister asked her pertinent questions ,she obviously was surprised and had to agree as it was too late for her to deceit again.

[Tdm]

I appreciate your first hand advice, that makes sense.

I think my head is currently stuck on trying to prevent a charge in the first place rather than thinking longer term at trial. Perhaps I need to think in overall terms instead of just the present.

The thought of a trial scares the **** out of me!

[Casehardened]

It all depends what you are proposing to submit; for instance my accuser had been previously diagnosed with ADD, but oddly enough neither her nor her mother had thought to mention this in interview, so I printed out some sheets from the internet detailing diagnosis and prognosis and handed these to the OIC as I couldn't think of any way this information could be used against me (diagnosis was made well before the allegation date)

[Tdm]

It all depends what you are proposing to submit; for instance my accuser had been previously diagnosed with ADD, but oddly enough neither her nor her mother had thought to mention this in interview, so I printed out some sheets from the internet detailing diagnosis and prognosis and handed these to the OIC as I couldn't think of any way this information could be used against me (diagnosis was made well before the allegation date)

I just wanted to submit a letter highlighting my evidence that the police already have access to and requesting that because of this irrefutable evidence, request that my case be deemed NFA on or before my nail date as it is causing me an incredible amount of undue stress and affecting my personal life, my professional life and my health. Probably a waste of ink eh?

[Casehardened]

I just wanted to submit a letter highlighting my evidence that the police already have access to and requesting that because of this irrefutable evidence, request that my case be deemed NFA on or before my nail date as it is causing me an incredible amount of undue stress and affecting my personal life, my professional life and my health. Probably a waste of ink eh?

If you are certain that you are not providing any fresh evidence then a well-structured and factual (i.e. no whinging!) letter will highlight the fact that you are likely to be a coherent and competent witness for the defence and this may well be taken into consideration when deciding whether or not to prosecute the case.

NB. despite the advice I have already given on here, like you I was desperate to avoid a trial and fed my OIC any information I could dig up to discredit my FA and refute the allegations; I also had a couple of technical inquiries regarding investigation procedures and bail (which she had to refer on to get answered)

Of course it is necessary to be careful not to wind the OIC up......