How do I help my son?

[worried mom]

Before I start I would like to say Thank you for reading this,and although I know you cant solve my problem, I would be grateful for some understanding of what the worst case sinario is for my son.

My son has been accused of sexual assult? His cousin has said that he touched her and made her touch him (dont want to go into details)
This apparently happened from 2005-2012 . Making my son 11-18 and her 7-14 years old.
It was supposed to of taken place when my ex took him to see his family,so I was not there.

My son is now 23 and expecting his 1st child in July.

My son has severe dyslexia and word understanding issues( he dont understand big words( dont know if that is relivant))

He went to the police station for an interview,being told by the police he didnt need a solisitor (but could have one if he wanted ),as it would just make this longer to sort out.
Hes very trustworthy so took their word ,big mistake I know.

They told him it was his word against hers and would probably be dropped. Fast forward 6 weeks and the CPS have decided that he must go to court.

I have now sorted him a solisitor,so that part is covered.Apparently the only evidence they need is her statement.

As you can imagine this is devistating to all of us.He is so confused as he didnt do any of this....he didnt even have a girlfriend till he was 17,he wasnt interested in girls.

As a mother I am desperate to help him. He has anxiety and depression issues already,Im so worried for him.

He is convinced that even though he has not done anything(and the though sickens him) that because she was so young and being female,that he will be found guilty because of her statement. He has no clue how he can prove this all to be wrong.

Nobody is telling him anything at the moment....like will he be charged as an adult? what is the worst case sinario? How long could he get in prison? ( He wouldnt last 5 mins in prison)

He has to go to court april 10th and will see his solisiter the week before,once they have all the transcripts from his and her statements.

Please help me, im desprate for information on how to prepare for the worst.

Sorry for my bad spelling and thank you for reading x

[Davy]

Hi there

So sorry to hear whats happening.

Yes it's true, CPS and take you to court on just a statement/s. I have been in this boat too. Only just ended 2 days ago.

All you can do is ride it out.

I take it no discloser has been seen yet, when i say discloser I mean FULL disclouser?

Edit : sorry you already said that.

[worried mom]

All we have are the 3 charges hes been given,not information on what she said,we have been told by his solisitor that she is sending off for her statement and my sons statement.
I have spoke to my sons ex girlfriend and she is willing to write a statement saying that the last charge cannot be true as every time the visited the family she was with him and he was never alone with his cousin as they were inseperable at that time.

I have also spoke to my sons father,who has told me that when he used to take my son there(grandmothers house),that it was only for 30mins to 1 hour top,and that he was never alone with her because he would also be playing with 2 other boys(her brothers) at the same time.Also he said that they rarely saw the family due to time restriction for visiting other family and getting my son back to me.

He is also willing to write a statement.

Im not sure what happens at the 1st court date,but would it be good for them to write statements to give to my sons solicitor for that date?

[myheartisbroken]

The first court date is just to outline the case. The judge will set dates where things have to be in and disclosure. The trial date will also be set.

Your solicitor or barrister should explain all this to you. Our barrister came with us. If you are going to be a witness you will not be able to go in with him. You will not be there for very long but it's a chance for your son to see the court room.xx

[worried mom]

thank you for that information, I dont think I will be a witness as I was never there when he visited his family,my ex took him.
I will wait to see what the solicitor says as I have no clue.

[neo27]

hi

thank you for that information, I dont think I will be a witness as I was never there when he visited his family,my ex took him.
I will wait to see what the solicitor says as I have no clue.

if I were you I would be paying the barrister and forget solicitor,

I was tortured through trial and put in a psychiatric unit 2 months and half killed and after 2 years proven innocent.

solicitors did nothing to help me and there was zero evidence but 100s of false reports.

be careful as a lot of false reports come from nowhere

[Rights Fighter]

For trial he would need the solicitor. As so many members in this group know, most NG verdicts have happened when the client has used legal aid sols and barristers. Choice of defence team is paramount.

I've worked on may appeals where the client has paid privately for trial ..... paying does not guarantee success.

[worried mom]

rights fighter,thank you for that. My son works full time but only earns less than 12k per year....he has no choice but to use legal aid.
Im not really sure about a barrister,that has not been mentioned by the solicitor....will that be with them also?

neo im so sorry that you had to go through this too,its so sad,hope it gets better for you now.

[worried mom]

Just wanted to add that my sons solicitor specialises in criminal law,if that means anything.

[neo27]

hi

Just wanted to add that my sons solicitor specialises in criminal law,if that means anything.

I was lega aid , I just paid barrister a few extra hours work £600

it turned out that solicitor got everything wrong and barrister stopped me probably dying in prison.

wice solicitors did not even get to court and at trial forgot all my evidence

tip I emailed my evidence to court myself in sworn avit davit so held electronically

[Rights Fighter]

I was lega aid , I just paid barrister a few extra hours work £600

it turned out that solicitor got everything wrong and barrister stopped me probably dying in prison.

wice solicitors did not even get to court and at trial forgot all my evidence

tip I emailed my evidence to court myself in sworn avit davit so held electronically

You cannot mix private with public (legal aid) funding.

Emailing the court could have landed you in serious trouble - ie "abuse of process".

I know of an appeal that was dismissed in less than five minutes after the applicant had written to the presiding judge. He abused the process.

[Peter1975]

The job of the solicitor is to prepare the case for crown court where only a barrister, also known as an advocate, is qualified to speak on the defendant's behalf.. A solicitor is generally only qualified to act in a magistrates court but there are solicitor-advocates too that can do both.

Some solicitors do leave a lot to be desired and it's best to keep an eye on them and ask if they don't seem to be doing enough or not answering your questions satisfactorily. Legal aid is paid on a per case basis so there is a temptation for unscrupulous solicitors to do a minimum amount of work for their money. Some private solicitors will also take good money for poor work. There are some great legal aid and private solicitors recommended here on the forum.

Your son's solicitor will instruct a barrister, but may offer you a choice if they are available.

Anyway, your first court date will be at the magistrates, where depending on the seriousness of the charges, the judge will likely send the case on to a crown court or you may have the option of where to have the case heard. (known as "either way" offenses).You should get some time with the solicitor before going into the court room who will explain the process and the next steps. Take a list of questions and any facts you have. the first appearance usually takes all of 5 minutes but may involve a lot of waiting around - take some change for vending machines, maybe a newspaper or magazine and be aware that you will pass through metal detectors and have bags searched on your way in.

Have a good chat with the solicitor if you can. If you have witnesses of fact, such as your son's ex GF and his father, they will need to attend court in person but I am sure the solicitor will deal with all of that in due course after your meeting. The trial is likely to be toward the end of the year so there is plenty of time to prepare.


**** Thanks RF.... I was just going to ask HF about mixing funding!

[Rights Fighter]

As far as I know, all trials have a solicitor involved, be it private client or legally aided.

Peter is completely right, of course. There are some awful legal aid sols and barristers and likewise, there are some equally awful private client sols and barristers, plus of course "legal enquiry agents" who charge a fortune, promise the earth and walk away when it all goes horribly wrong.

There are also some brilliant legal aid sols and barristers. If this goes to trial then we can hopefully direct you to some GOOD legally aided sols and barristers. Choice is paramount.

[worried mom]

Thank you Peter,lots of information there.
I will definately make a list of questions.

My ex will definately be going to court,without a doubt.
My sons ex will write a statement but does not want to go to court because her current boyfriend doesnt want her to.

The solicitor has said she will see us all a week before the court to go though things,shes waiting for the statements so not sure if its to go through them,or just to prepare him for what will happen at court.

[worried mom]

can i name the solicitors firm that we are dealing with here? we are based in south wales