Husband Convicted - Barrister said nothing to appeal what next

[Schnoodle]

I have been browsing this site for a while now and have taken comfort from it at times but sadly my world has come crashing down, as my husband has been falsely convicted of historic offences.

I feel very let down by his barrister. He said that he would not be appealing even before the jury had come back with a verdict. I have received consent from the Judge to get the trial transcripts myself and want advice on getting a second opinion. (Rights Fighter I believe you are in a similar area to me so local suggestions would be good!).

My husband is getting pressure inside to admit his guilt and attend a course and has been told he won't get out a day early if he doesn't . Does that mean not a day earlier that half way or the full term? He is not guilty and has told them that he will never admit to something he has not done.

The barrister did not use all information we gave him, witnesses were dropped part way through trial but I have been told that because it was available it would not be new evidence.

I just feel I have to do something.

[slowdown73]

It sounds like you have been badly let down by your barrister. A good defence team can make the difference between a wrongful conviction and not guilty verdict.

Your husband has done the right thing by not admitting to something he hasn't done. If he did admit to it just in order to be released early then there is still no guarantee this would happen and they could use it against him during any retrial. Whether he admits to it or not shouldn't effect him being released at the half way point of his sentence which means he will serve half inside and half on license in the community but it must be very hard for you to sit back and accept everything that has happened as you are very much a victim of the process too.

I am not sure who the best solicitor / barrister would be to challenge the verdict but people on here will be able to advise you. It's best to select a firm who are specialised in dealing with these types of allegations because it's a unique area. Chris Saltrese solicitors which is based in Southport Lancashire is supposed to be an excellent solicitor and has defended many cases on here and I'm sure he would be very sympathetic and understanding to your case but not sure whether he is local to you.

[AmandaF]

Sorry to read your story- yet another one

My OH was convicted and never admitted guilt- it made no difference to his release date- he was released after serving half his sentence and he didn't do any courses, however he is having problems with probation as he's on license and feels as though he is being brow beaten into admitting guilt.

There are courses for those maintaining innocence, depending on where he is but ANY admission of guilt removes any chance of appeal so he mustn't do that!!

How long is his sentence?

[Schnoodle]

Thanks for replying.

He has to serve 10 years. We have young children to make it worse and we are still waiting for the approval for him to have contact with them.

Something needs to be done. How is someone meant to defend themselves with allegations dating back 30 years. I never believed that someone could be convicted on words alone.

[AmandaF]

I gather SS are already involved?

My partner and I brought up my grandson from the age of 2 until this all happened when he was 10. He was allowed to visit OH in prison one a month- not pleasant but it was better than nothing, however SS have now decided that OH is high risk of reoffending as he maintains innocence and as I support him I also put my grandson at risk and now they won't allow contact at all , even considering putting him on the at risk register.

You have to be very very careful with them- there is a "mantra" to use when dealing with them- I'll see if I can find it.

[Schnoodle]

SS have been involved since allegations were made and children were put on child protection, hubby has been living at home with us though. SS have now signed us off and said that they will be back in touch when due for release. They did do a report to say that they supported contact to prison so maybe I have been lucky with them.

[Rights Fighter]

OK roughly where are you based?

Some prison officers / probation / "psychology" lie when it comes to admitting guilt.

First off - if he admits guilt when he is not guilty, he then becomes a self confessed sex offender. He has to undertake courses and lie in order to get through them.

Time won't be added on for not admitting guilt. Time won't be taken off for admitting guilt. Depending on how the judge sentenced, relates to admitting guilt or not. For instance, if the judge said he must be released half way through - then no amount of courses will get him out earlier.

If he is told he must serve half before he can be considered for release, this is where it can get sticky. for instance, if he does not "fulfil his sentence plan" (which includes undertaking offence related courses) then he could end up waiting until 2/3rds through his sentence before release. Even then, undertaking the courses doesn't guarantee early release at half time in any event.

The prison / probation cannot refuse him an early release date (half way through) just because he is denying the offences. They say he is "in denial" which is completely different of course from "denying the offences". They can refuse him for not undertaking the courses however - he can agree to be assess for the courses. Obviously if he is not guilty then he must maintain his innocence all the way through the "assessment". That doesn't mean he will get out half way through but it does show to the authorities that he has jumped through that hoop.

Sadly there is little legal aid for prisoners in this situation for prison law solicitors.

Just because counsel says there are no grounds for appeal does not make that true. Get him to ask for a written "Advice on Appeal" - he is entitled to one. Even if it is negative it should give a brief background of the case, what happened at trial, the evidence and why there are no grounds.

Just how much of the paperwork have you got so far? The JSU all the way down to the verdicts, and the legal arguments are important transcripts to get at this stage.

[Schnoodle]

I am based in Dorset.

I believe the sentence was half in and half on licence. He has not yet had his meeting with the sentence planner. He is meeting him on Monday but just an introduction that day.

I have obtained an estimate from the transcribing company for the transcripts of all proceedings and that has come out at just over £3,000 which was more than I was expecting so as yet I have not instructed them to start.

[Rights Fighter]

West or East Dorset?

You can buy the transcripts in parts. The bits I mentioned are the most important bits, but you also need as much of the trial file as possible too.

I've recently worked on one where the family paid for the whole of the transcripts which was great, because I found misdirections and missed directions by the judge while reading through the evidence during the course of the trial, as things happened (unusual things) such as people being ill, "special measures" etc.

First things first, you need all of the legal arguments, the JSU all the way down to verdicts, including any legal arguments within that.... questions from the jury etc etc

[Schnoodle]

East Dorset.

I am worried as the 28 day mark has passed now. Is it to late to submit an appeal or would a change of legal representation be sufficient to be late.

Who does he ask for the written advice on appeal from the barrister that was defending?

[Rights Fighter]

As long as there's a reasonable explanation for the application "out of time" you should be ok so try not to worry about that.

Maybe we could arrange to meet for a face to face meeting.

I've sent you an email via this site so check your spam / junk folders.

[Mrs Forgetful]

I do hope you will be able to get help soon. I know what it is like to go through the shock of a wrongful conviction