Help please

[Sub]

Hi, I never new this world existed until recently, as I have just been arrested for historic rape I did not commit. I'm scared to go into any detail on here as I fear the person who has accused me may have got the idea from Google/forums, seeing how much it can devastate people's lives. I have read some of the posts people have written and this seems the best place for me to turn to.
So I have been arrested and was advised by the duty solicitor to no comment the whole interview, which I did, I'm now on bail for a couple of months while they try to get more evidence, the officer asked if I can find any evidence to help clear this up I should call him, as he said "I'm not on anyone's side".should I do this? I don't even know what evidence they have, but this whole thing is malicious. I don't know what to do now? Do I just wait? I feel my life is about to be over after reading so many horror stories. I obviously need a good solicitor or some legal advice from someone here. I don't think I will get legal aid I'm on about 25k. East Hampshire thank you.

[Rights Fighter]

............the officer asked if I can find any evidence to help clear this up I should call him, as he said "I'm not on anyone's side".

Please do not do that.

A friend of mine was falsely accused by his daughter in 1999. He was convicted in 2000. He was released on appeal in 2001.

The OIC said the same thing to him. He obligingly handed over 53 pieces of evidence (hand written notes) and the officer then claimed that he had never given her anything at all.

He was convicted.

When it came to the appeal the CPS asked the police for this evidence. They said that they had "mislaid it". How on earth can you mislay something that you have never had?

Never give the police anything that can exonerate you, unless under the advice of a solicitor who knows what they are doing.

Often after an interview, a defendant can remember things that would put him elsewhere at the time alleged. They tell the police this, thinking it will help the defence case.

The police go to the accuser who then "remembers" that they got it wrong and this is due to the "trauma" of the initial report to the police.

Please do be very careful.

[Sub]

Thanks RF glad I found this place, I was in the process of gathering statements and was advised to hand them over asap to stop this going to court.
I've been asking around if people know a good solicitor and have been given Gardner Leader Solicitors and told to ask for Stephen Bennet. Has anyone used or herd of them?
Thanks for your reply

[Rights Fighter]

I've never heard of them. That doesn't mean they are no good of course. They could be fab!

Roughly which area will a trial be held? Usually closer to the complainant. Rather unfair but that's how it is....

[WhyUs]

Hi Sub, and welcome to the forum

As RF has said do not hand anything over to the police without advice from a solicitor. They are only interested in there targets and will use this information against you. Instead keep any information that discredits the allegation and use it to discredit her statement in the best way.

With regard to solicitors, I personally have not heard of Stephen Bennett, however there is a section on solicitors here: http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

One very highly rated solicitor is Gerry MacDonald from EBR Attridge. He covers your area, although depends where the trial will be heard and I can speak from personal experience as well that he is excellent and uses some of the best barristers. He also take son legal aid cases.

I do not see any reason as to why you would not be entitled to Legal Aid. You need to have a disposable income of less than 37,500, but you will probably need to make a contribution towards the costs. Any application needs to be made via a solicitor and there is no harm in trying.

[Sub]

Thank you both for your replies.
RF I'm not sure if I can pm you or not as I am a knew member and I am probably just being paranoid that she could be looking through forums to see if I'm in them, so don't want to give the area she is in and where I got arrested. I will try and pm you now.

[Sub]

Ok I can't pm or email just yet, but will be able after 10 days so 7days time.

[Rights Fighter]

Members can only PM me if I add them as contacts. That's because I used to get inundated and many people would PM me instead of using the forum. They weren't giving me identifying info so were bypassing the forum and taking up my time when it wasn't necessary.

Members can usually help with their own experiences, so I do not have many contacts, as most queries can be answered on here by others, as well as me.

If the accuser is watching these forums (unlikely but not impossible) she is not going to recognise you from your username or your story , so far. I've looked at where the sols are and they are Berkshire. I am sure Gerry McDonald serves that area too.

[Sub]

She lives a long way from me now, so if it does go to trial in her area I will have to look for a sol there. Is it better to wait and see what happens when my bail is up? At least then I will know what court/area.
Thanks

[Rights Fighter]

Where the alleged incident occurred I meant - so sorry.

[Sub]

Well she has picked dates when we were on holiday together so I really won't have a clue where then.
Holidays in the UK.

[Sub]

I should mention it's 5 rape charges different years and areas
We lived together for years but apparently this only happened on holiday.

[Rights Fighter]

Oh ok. So any potential trial I think would or could be near the family home as it was - or the accusers now. Not always the case of course, but the accusers's feelings always come before those of the accused.

[Sub]

I've also been told that she will only have to do a video link.
Is this the norm in theses cases? If this is true it may be held in a court near me.
Thanks again for your time

[Rights Fighter]

She will be asked if she would prefer to give evidence using “Special Measures”.

This could be via a video link from a separate room in the same court house. Or she could give evidence from behind a screen or curtain so that she and the def cannot see each other.

I know of one complainant (aged 17 or 18) who did the latter as (I believe) she didn’t want her father (who she had falsely accused) see her tell blatant outright lies about him.

In video link evidence, the complainant only can see the judge and the two barristers, not the defendant. The def can see the complainant though on the video.