Is instructing Solicitor pre-charge a good idea?

[Bob1234]

Just a quick question. What can meeting a solicitor pre charge do? I'm
In a same situation but was under the impression it would be a waste of time as there was no charge

[Franticwithworry]

All a solicitor can do pre-charge is explain the process and many will do that for free when you call to ask about instructing them IF you're charged. You can get all the information you need re the process on here too.

I think it's a good idea to talk to the solicitor you would like to instruct if you're charged so that the day the charge comes IF it comes, you know who to call. Talking to several solicitors so you shop around and choose someone you feel comfortable with is a good idea too.

Getting charged is traumatic enough without being in a panic about whom to call, but again, there's nothing a solicitor can do before charge as its only then that there's any evidence disclosed that s/he can work with.

[Bob1234]

Thank you for your reply and your help in other threads to. It really really means a lot. I haven't thought about asking solicitors etc because in my mind I know I am innocent. However I may have to take that step... just in case

[Franticwithworry]

Talk to a solicitor who is experienced in false accusations - you need someone with that experience and there's a sticky on here with recommendations. In any event, a solicitor won't assume that you're guilty just because you're talking to them. Even the innocent need legal advice when they are accused - actually ESPECIALLY the innocent. It's not as if you're familiar with the system because you've been in and out of court, is it?

PS what I'm saying is that it's a mistake to think that because you are innocent, talking to a solicitor is a bad thing. It's not and it will likely go a long way to putting your mind at rest on a number of things. When my man talked to Chris Saltrese he found it very helpful indeed. Over a year on, we are still waiting for a decision, but we've learned a lot of patience. :-)

[wakingnightmare]

Thank you for your reply and your help in other threads to. It really really means a lot. I haven't thought about asking solicitors etc because in my mind I know I am innocent. However I may have to take that step... just in case

Hoping for the best but planning for the worst is the way I've coped.

Innocent people need representation too remember, talking to a Solicitor isn't an admission of guilt. A good solicitor will reassure you that there is nothing you can do at this stage and you can then try to put this to the back of your mind.

The reality is it doesn't quite work like that but you must try as far as possible to not allow these allegations to rob you of your present. It could be a very long road and you will find there are great periods of time where nothing happens then there will be a flurry of activity like bail date then nothing again.

[Peter1975]

WN and FWW are spot on as usual.

There isn't much a sol can do pre charge and there is no legal aid for advice at this stage but most sols should be happy to have a chat. Better to be prepared. IF you are charged you will only have 2-4 weeks before your first court appearance.

[Bob1234]

I have emailed Chris saltreese in from rights fighters signature and one of his colleagues came back to me very promptly saying not much can be done pre charge but to keep everything noted. If and when a charge does happen they can act. I also
Spoke with Mary monson solicitors and they said the same thing but could work for me
Up until my bail date for a fee.

Is this what you guys meant by speaking to a solicitor... or are we looking to build a defence case even though there is no charge?

I would have to do some pre work on/ with them. If they are happy to potentially take me on and explain what happened?

Also it was mentioned in the post above after a potential charge I could be In court 2-4 weeks after. What would this be for .. the trial??

Many thanks
Bob

[Franticwithworry]

That's exactly what I meant. :-) All you can do in regards to building a defence at the moment are things that you don't need a solicitor for -

make your own notes about what happened with the person accusing you. Add to them as you remember them and keep them in a safe place. Make sure you hang on to any written communication you have (text messages, voicemail, social media stuff), screenshot everything you can and keep it safe. Keep a very discreet eye on social media and screenshot anything that's helpful (messages to you, about you, references to the incident or anything showing that she's living normally, partying and such as she did before). Again, screenshot everything and keep it safe but respond to absolutely nothing.

The thing is, you don't know what's in her statement unless and until you are charged. If, for instance, she claims that she is so badly traumatised that she's confined to the house and can't go out, but is still going to the clubs you went to together (just a daft example off the top of my head) and plastering her fun all over Facebook, you'll want to be able to prove that if it goes to court.

It's a very big IF and yes, after you get a charge there's a court date quite quickly at the magistrates court. That date is basically a formality for you to enter your plea and for the magistrates to push the case up to the crown court because they don't deal with this kind of thing. That lasts a matter of minutes, (you'll need to have instructed a solicitor for that), and it's then a while before the trial in the crown court, usually a few months. THAT'S when you get to see her statement and can start building a defence and why you don't need a solicitor until you're charged.

Up until charge you can only collect generalised information. IF you get charged you need a solicitor to help you through the maze of the court proceedings and to help you prepare the defence information you have, apply it to the version of events from the complainant and identify what else you need. A barrister puts your case in court for you. You have to give them the information to work with, but as said, you can't tell exactly what's needed yet.

For now, apart from the above, the best thing to do is keep busy and draw on your reserves of patience big time. Come here often for support and confide in someone close in the real world if you can.

Then wait the waiting game with us. I hope that helps for now.

PS if you want to do pre-work and pay for it, as per Mary Manson solicitors, that's a personal choice. Hopefully they told you exactly what kind of thing they were meaning. However, it's likely to be money unnecessarily spent bearing in mind that there is a good chance this will all come to nothing. Knowing whether or not you have a 'good' case right now is not helpful when you don't actually know exactly what you're defending yourself against because there might be things in her statement that the police haven't told you about.

[Peter1975]

I'll just endorse everything FWW states above.

It's not necessary to work with a solicitor at this stage but it is helpful to know who you will call in the event that there is a charge. Remember that 80% of cases are eventually NFA'd.

Remember also that some solicitors are happy to take your money just to give you an opinion. The highly recommended Chris Saltrese has given the right advice in this regard.

If charged you will be given a date to appear at the magistrates. This is known as a "mode of trial" hearing and as FWW says, is a formality. You could even use the courts duty solicitor for this but it is far better to have a good legal team in place. Depending on the seriousness of the charges you may not be allowed to enter a plea at the magistrates and you would literally just have to confirm your name.

You will then be given another date, 2-3 weeks later, to appear at the crown court for a plea and trial preparation hearing where you will need a barrister to represent you. Again this is a formality for the defendant and you will just need to confirm your name and plead to the charges. A date will then be set for trial and this could be roughly 5-9 months after that. Plenty of time to prepare yourself.

Either before the first hearing or before the second you will receive a copy of the prosecution papers which is when you can go to work building your defence. You will need to provide a defence statement to the court via your solicitor in the early stages that will be used to trigger disclosure of evidence so the more prepared you are with your own information the less you will panic if the worst happens.

Write down what you remember, stalk her social media and take screenshots but try to get on with your life, it can be a long wait for a decision. Hopefully yours will be one of the many that go no further.

[Rights Fighter]

Just a quick question. What can meeting a solicitor pre charge do? I'm
In a same situation but was under the impression it would be a waste of time as there was no charge

Please do not be tempted to pay anybody until at least AFTER charge, if there is one. We have had many NFAs in this group after they just used a legally aided duty solicitor.

A few have paid solicitors, but there is no evidence to suggest that those that paid would not have been NFAd

[Rights Fighter]

I have emailed Chris saltreese in from rights fighters signature and one of his colleagues came back to me very promptly saying not much can be done pre charge but to keep everything noted. If and when a charge does happen they can act. I also
Spoke with Mary monson solicitors and they said the same thing but could work for me
Up until my bail date for a fee.

Is this what you guys meant by speaking to a solicitor... or are we looking to build a defence case even though there is no charge?

I would have to do some pre work on/ with them. If they are happy to potentially take me on and explain what happened?

Also it was mentioned in the post above after a potential charge I could be In court 2-4 weeks after. What would this be for .. the trial??

Many thanks


Bob

Unfortunately, Mary Monson sols do not have such a great reputation within the support groups I assist in. That doesn't mean there is no decent solicitor in the practice of course. I just don't know about them.

As has been suggested, gather evidence via social media if you possibly can and speak with supporters who know the complainant, to find out if there is anything in her background, such as making previous false complaints about anything, benefit fraud etc.

[Bob1234]

Thank you so much for your help all. I cannot put a value on it! I will wait until I know if there is a charge or not and then we can go from there!

The one problem I have with my case is I do not know the accuser. Only met that night. And not met or spoke since. So any history on her social media etc is very hard.

Sorry I've just noticed I've hijacked someone's thread and asked a lot of questions!

[Casehardened]

Sorry I've just noticed I've hijacked someone's thread and asked a lot of questions!

We're all friends here and I'm sure the OP didn't mind, but as you've mentioned it I've moved your post & the replies to a separate thread; apart from anything else the subject is worthy of this.