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Topic History of: 11 Days to trial?
Max. showing the last 5 posts - (Last post first)
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BR |
This is completely normal.
I spent some time sitting in courts - they regularly mess things up.
If you were "Paying" for a Solicitor this case would be thrown out.
Disclosure is the most important part of any case.
When the Prosecution does not disclose it normally means they have no evidence which will withstand any scrutiny or it does not even exist.
The whole process is to intimidate you.
Therefore SMILE because without disclosure they cant have a case.
I have advised many people in this position ( not legal advice ) and I have always told them NOT TO GO TO COURT until disclosure has been made. Refuse.
The law states very clearly for a fair trial that disclosure must happen. Your solicitor should be ringing on the hour to get it. Then when it is finally faxed through ( usually on the moring of the trial ) your solicitor needs to go to court immediately and "kick off"
I have to say I do not trust the legal profession at all - they are money orientated - all of them. Hence your current problems.
There is no way you should have a trial on 20 July if you have not had the evidence against you yet !! This just shows the awful way in which people are treated because it may be another 3 - 5 months before you get a court date......and each month is another month of big stress.
Take care. |
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Innocent Accused |
Turns out a lot of this was the mess caused by my previous solicitors.
Warwick court wrote them 27th May with the July 20th date,they never informed my new solicitors.
In effect I've wasted this chance to be prepared,could have had it out of the way and done,now according to my solicitors we won't be ready till September.
I rang the court,my brief has to appear next week to explain the situation to the resident judge,then he will change dates if appropriate.
What a mess:angry: |
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Innocent Accused |
I'm getting a letter from my solicitor tomorrow,so will know more then,all a bit of a shock at the moment.
Changed my solicitor recently,and he's pretty good,hopefully.
We're doing a new defence statement,but won't be ready for a while yet,as I've not even finished going through the evidence with him yet.Also we have to go before a judge for disclosures.
Be interesting to see what happens when I ring them tomorrow,I'll let you know what happens.
Thanks for the support. |
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JC |
A few years ago, someone I know waited 14 months with the defence team being denied permission to view evidence or interview possible witnesses. They were finally given this 3 days before the trial date, and the first of those days was New Years Day, so effectively there was only two days to prepare.
Other barristers since have expressed surprise that the defence in that case did not officially object, and especially surprised at how the defence barrister refused to support an appeal against the conviction. It was all very shabby. There's not doubt that the legal representation was inadequate, which I'm told is also grounds for appeal. When an attempt was made to get a new barrister it was found that legal aid did not cover it.
So .. make sure you have a good legal team from the start. If you're not happy with them, ask for another before the trial begins. The system isn't geared towards supporting your rights so you're going to have to fight your ground with all odds against you. This isn't pessimism, it's reality. Nobody is going to show you any favours. There is no presumption of innocence at any stage of proceedings, and no burden of proof on the prosecution. You have to take control and make sure you have all bases covered.
Good luck. |
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veritas |
If your solicitor isn't prepared he will get the date deferred but you will have to appear.
Let's hope though he has a go at getting it dismissed if the other side haven't disclosed. Perhaps you will get a friendly judge. From memory it's been quite long enough for the opposites to disclose.
Prolongs the agony of course...good luck ! |
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