Before or after ?

[Sub]

Hi all, after reading on this forum for a while now, I came to the decision that until you are actually charged,there isn't any point in getting a solicitor .
But after reading incredulous post that maybe I'm wrong in thinking this.
Can anyone tell me if you can get a solicitor on legal aid before you have been charged? I'm on bail at the moment awaiting cps decision.
Thanks

[Rights Fighter]

It really depends on the case. Some people just do not have the money to pay privately prior to charge (if there is a charge). You will hopefully have noticed that many people on here were NFA’d without the input of a solicitor.

Some were NFA’d after input from a solicitor – some privately paid and others not, but are working for the good of the client pro bono. Not all solicitors will or can work pro bono. Usually it depends on whether they have a “gap” in their work. They cannot work for free if they are in the middle of another case, for instance. Also it depends on the attitude of the client.

It also depends on the evidence that might or might not bring about an NFA. If it is “a matter for the jury” then they won’t NFA it.

One case I am currently involved with: complainant said she was 11 when “it” started and she remembered she was 11 as she had just started senior school. He could prove beyond all shadow of a doubt that he didn’t meet her mother until nearly three years later, when she was nearly 14, and the house “it” was supposed to have happened in, they didn’t move into until she was nearly 16.

Unfortunately this information was given to the police before trial, and ignored. When it got to trial those charges were dropped. The others continued. If they had ambushed the prosecution with that in front of the jury, it is possible that the jury would have deliberated along the lines: “well she cannot have been mistaken about being 11, so that must have been a lie. What else is she lying about?”

Tactics are really important.

At the end of the day the choice is yours. You can pay privately prior to charge (there is no legal aid before then, apart from police interviews) and hope it will be NFA’d. We also have had people on here who have paid, literally £K’s and been charged, and then convicted.

Unfortunately it's swings and roundabouts. And it ultimately the client's choice as to what they want to do, and what they are able to do, within their financial means.

Paying privately doesn't mean the case with be NFA'd and neither does it mean it will result in not guilty verdicts.

[Sub]

Thanks RF, that does make it clearer and the example you gave is a good one ,as I have witnesses that refused the police asking questions on the complainants behalf, but are willing to go to court in my defence to say that they were with me on the dates given ,or they were with her on other dates given and I was not there.

[Rights Fighter]

You may well be asked (if it gets to trial) "why did you not mention these witnesses to the police during your interview?"

Your answer of course, truthfully will be: "by the time I got to interview my head was mashed and I didn't know which way was up. I had been presented with the most vile allegations against me which I knew were not true and I couldn't think straight".

That tends to be the experience of most people who are faced with [false] allegations of sexual abuse.

[Sub]

The police approached some of these before I was arrested and I was unaware of anything going on.
They we're not told what it was about just that would they be willing to be a witness for her. They all said no.

After my arrest I was trying to peace the dates together trying to remember 25 years back and rang some of these people ,some I have not spoken to for years and they then said they we're contacted but not told what the allegations were.

Now they know what the allegations are,they are disgusted and are willing to be my witness, but the police and cps do not know this.

[Incredulous]

The police approached some of these before I was arrested and I was unaware of anything going on.
They we're not told what it was about just that would they be willing to be a witness for her. They all said no.

After my arrest I was trying to peace the dates together trying to remember 25 years back and rang some of these people ,some I have not spoken to for years and they then said they we're contacted but not told what the allegations were.

Now they know what the allegations are,they are disgusted and are willing to be my witness, but the police and cps do not know this.

Hy, because you are, as we all are ignorant of the Law as we have never been in this position before, legal representation right now from the right source could give you a completely perspective on all this knowledge you have. Hilary made no promises that this would not go to Court only if it did my son would have a very good case. To have her levelling approach and complete legal expertise on your case and your case alone with no scarey stories in the mix, I wouldn't hesitate. We would have been floundering around grasping at possibilities, googling everything you can find, or going by what people had heard, or what others had experienced and absolutely none of it relates to you and your case. It was the best money we ever spent. I'm not sure how my son would have survived this without her level headed and her qualified knowledge and experience. If you can find the money I would say all day long, do it. Find out where you stand and try and get this stopped before Charge if at all possible. And I hope it will be the best money you have spent too. But shop around and get the person that relates to you best. Someone who is very human but a consummate professional too. Good luck

[Sub]

Thanks for your advice incredulous.
I hope you don't mind me asking, but how much did it cost ?

[Incredulous]

Thanks for your advice incredulous.
I hope you don't mind me asking, but how much did it cost ?

Don't think I should quote charges on here Sub. But we had the choice of an hourly rate or a one off payment which would cover everything bar travel costs. We chose the one off payment thank heavens as it went on so long. Not sure where you are in the country but best to call make an appointment with those you feel could help you and discuss costs then. Beware expensive suits and 'all the talk' and an expensive prices when you are feeling at your most vulnerable. That's why I said go to two or three or more until you feel you have found the person for you in your particular circumstances. Someone yo can have a mutual respect and trust with. I would recommend Hilary of course I would, in London if you in the south. But someone you can trust is imperative.