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Convicted - how do I get help?

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  • Convicted - how do I get help?

    Hi, I am new to this forum. My husband was convicted of sexual assault with penetration last week and has started a four year sentence. I haven't even been allowed to see him yet and I'm totally lost as to what to do. My husband is innocent and was convicted with no physical evidence, only on someone's say so. I have contacted Stephen Cooper of falsely accused and he tells me that an appeal will cost me at least £30,000 plus costs and that the trial transcript itself would cost around £6,000. My husband had legal aid for the trial but his barrister said there were no grounds for appeal (even though the judge was very biased) so his hope for any further legal aid has gone. I would appreciate any comments, especially about finding a firm of solicitors that I could actually trust. Thanks.

  • #2
    Hi

    It is entirely possible to win an appeal on legal aid - providing that there are grounds. Fresh solicitors can be instructed on Legal Aid.

    First things first:


    1: As counsel says there are no Grounds then hubby is entitled to a written document called an "Advice on Appeal" on his trial legal aid. Request that this is written and sent (and emailed to you) asap.

    2: If trial counsel says that there are no Grounds, that does not make it true.

    3: You might be told that you have to apply to appeal within 28 days of conviction/sentence. You can apply to appeal out of time too. Most of the cases I have assisted with were very much out of time, and some of them years out of time.

    4: The entire trial transcripts are not usually necessary in any event. The Judges Summing Up is the most important document and we can then go from there as to what other extracts from the transcripts are required.

    5: The JSU and other necessary transcripts can be obtained on Legal Aid.


    Whereabouts in the UK are you? Please don't tell us the town - just generally ie north, north west, north east, midlands, south, south west, south east.




    Last question - is this an historic case?
    Last edited by Rights Fighter; 23 March 2015, 04:03 PM.
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

    Comment


    • #3
      Convicted - how do I get help?

      Thanks so much for your reply. I think we've already had the advice on appeal document that you mentioned. The solicitor sent it by email - he set out the main points of the case and said there were no grounds for appeal. He agreed that the judge had been biased but said that he wasn't biased enough to cross the line. We live in South London.

      The case wasn't historic. My husband was doing a massage and was accused by a client. There was a second woman involved but probably shouldn't discuss it here as it's a bit complex and includes vindictiveness by staff. As I'm new I'm a bit unsure as to how much we're supposed to say about the actual case. Not sure if this is relevant but after the trial his barrister strongly suggested that he agree with the court's verdict as she said if he continued to maintain his innocence the judge would come down even harder on him. He tried to maintain the stance that he was sorry if there had been any misunderstanding but probation then said he was still in denial. He therefore felt he had no option but to admit it but couldn't come up with anything as to why he'd done it (as of course he hadn't) so he said he wasn't sure. Anyway, it seemed to make little difference at the sentencing anway.

      Thanks for listening.

      Comment


      • #4
        Oh dear. An admittance of guilt even after sentence usually means it is almost impossible to appeal the conviction, however a very, very few have succeeded in their own specific circumstances. I have to say that is very rare though.

        Please do not say too much on here as this is a forum that is publicly viewable even when not registered.

        One of the moderators will hopefully pass on a message to you from me, shortly.
        Last edited by Rights Fighter; 23 March 2015, 04:38 PM.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

        Comment


        • #5
          Convicted - how do I get help?

          That's so bad - he was so reluctant to listen to the barrister but was just so scared. Thanks so much - I look forward to hearing from you.

          Comment


          • #6
            If a mod can get yr email from yr a0plication. Is it ok if he passes it on to me? Apologies for typos as on phone now
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #7
              Good grief I've just noticed my "typing" on my phone! I didn't notice that before I posted it and no, I hadn't had any wine!

              ano if you go to your settings, you can allow for emails to be sent to you. Could you do that for me please, and once you've done that, post here to let me know.

              When I email you the email will come from my username address - so you will know it is from me.

              Cheers
              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

              Comment


              • #8
                Convicted - how do I get help?

                Hi, that would be great if you could email me. I've changed my settings so it should be OK now.

                Comment


                • #9
                  I've emailed you. Check your spam or junk folders in case it ends up there.

                  Also I would suggest your change the 'allow emails' option back to private, so you don't get unwanted emails from people you don't know. I think (I might be wrong) that although unregistered members cannot post on here, they might​ be able to email.
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    Convicted - how do I get help?

                    OK, thanks. I can't see the email yet but I'll check again when I get home from work.

                    Comment


                    • #11
                      Ano, I've not heard from you. Did you get my email? If not check your spam/junk folders.
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                      Comment


                      • #12
                        Convicted - how do get help?

                        Hi, I got it thanks Will reply shortly

                        Comment


                        • #13
                          Jolly dee!

                          I've been up north since Wednesday and only go back a couple of hours ago so no rush. Just wanted to make sure you got it.
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                          Comment


                          • #14
                            Convicted - how do I get help?

                            Hi, I just wanted to check that you got my email OK.

                            Comment


                            • #15
                              Nope - nothing from you at all
                              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                              Comment

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