Foolishfool123
New Member
Hi. Another idiot here repenting my sins...
So, spent a night in the cells last week after blowing 80. I have court on the 31st. I complied fully and until yesterday (when I spoke to a solicitor on the phone offering free advice) my first inclination was to plead guilty and accept my inevitable fate. I have written my plea of mitigation (I work in mental health helping adolescents and live remotely, will have to relocate to the city for my job and want to get back to my work helping the community asap. Never been in trouble of any kind before.) I was hoping for the best but preparing for the worst and was going to put my hands up and cross my fingers that the magistrates might be lenient and only give me 17 months plus the rehab course.
However, on speaking to this solicitor he said it "sounded as though I might have a defence" as I couldn't say with certainty whether the MGDDA had been filled out in its entirety in the correct way. (It was an anxiety ridden blur.)
He said to me that I could plead not guilty in the *hope* that the police would not present the necessary evidence in time for the re-trial (in 3-6 months). He said that this would at the very least buy me more time before being banned. He said that it was actually highly likely that they would either a) not have the evidence needed (CCTV etc) or b) not present it in time (28 days) or c) the police would not turn up in court. He said in these scenarios the CPS would have to throw the case out.
He backed up these claims with some stats, saying that out of 5 cases his company dealt with in the last week which had this scenario, 4 were thrown out on this basis. I understand he would be trying to sell me a service, however there is no way I could afford his particular fees (995 for the first court appearance and 1500 for the second, inc VAT.)
I would like a second opinion on this. Is there actually a good chance of this happening? I feel immoral doing this as my plan had been to plead guilty, if the prosecution *do* produce the evidence in time and i change my plea to guilty, would my punishment be harsher? I understand ethics don't come into legal matters and only the facts will be considered, but does a change of plea affect that?
Would I certainly have to pay for a solicitor if I were to take this route, or could I rely on a duty solicitor?
I just don't know if delaying the whole procedure in the hope the police don't follow due process or threw away their CCTV is worth the anxiety of dragging out what could potentially be a closed book as as of next week.
Also. The night I was detained there was a lot of training going on in the police station. I don't know if this increases or decreases the chances of things being done properly....
Really need advice!!
So, spent a night in the cells last week after blowing 80. I have court on the 31st. I complied fully and until yesterday (when I spoke to a solicitor on the phone offering free advice) my first inclination was to plead guilty and accept my inevitable fate. I have written my plea of mitigation (I work in mental health helping adolescents and live remotely, will have to relocate to the city for my job and want to get back to my work helping the community asap. Never been in trouble of any kind before.) I was hoping for the best but preparing for the worst and was going to put my hands up and cross my fingers that the magistrates might be lenient and only give me 17 months plus the rehab course.
However, on speaking to this solicitor he said it "sounded as though I might have a defence" as I couldn't say with certainty whether the MGDDA had been filled out in its entirety in the correct way. (It was an anxiety ridden blur.)
He said to me that I could plead not guilty in the *hope* that the police would not present the necessary evidence in time for the re-trial (in 3-6 months). He said that this would at the very least buy me more time before being banned. He said that it was actually highly likely that they would either a) not have the evidence needed (CCTV etc) or b) not present it in time (28 days) or c) the police would not turn up in court. He said in these scenarios the CPS would have to throw the case out.
He backed up these claims with some stats, saying that out of 5 cases his company dealt with in the last week which had this scenario, 4 were thrown out on this basis. I understand he would be trying to sell me a service, however there is no way I could afford his particular fees (995 for the first court appearance and 1500 for the second, inc VAT.)
I would like a second opinion on this. Is there actually a good chance of this happening? I feel immoral doing this as my plan had been to plead guilty, if the prosecution *do* produce the evidence in time and i change my plea to guilty, would my punishment be harsher? I understand ethics don't come into legal matters and only the facts will be considered, but does a change of plea affect that?
Would I certainly have to pay for a solicitor if I were to take this route, or could I rely on a duty solicitor?
I just don't know if delaying the whole procedure in the hope the police don't follow due process or threw away their CCTV is worth the anxiety of dragging out what could potentially be a closed book as as of next week.
Also. The night I was detained there was a lot of training going on in the police station. I don't know if this increases or decreases the chances of things being done properly....
Really need advice!!
