Solicitors advice

[frightened spouse]

We are getting conflicting advice when visiting solicitors. Some are saying they can get a lot of investigations done before it reaches the possible charging stages and even avoid people being charged, then others say sit tight, nothing can be done until the cps decide to charge or not! Which advice do we believe? Please help us.

I'm sorry this may not be the right place to post this but I cannot enter a new thread as I have only just joined the site. But cannot post yet. Worried sick.

Hi Incredulous

I would be very suspicious of anyone who suggests they can influence pre charge the decision made by the CPS. In my experience the Police/ CPS only consider the evidence they want to look at rather than the whole picture regardless of what is offered to them. Are you sure this advice came from a solicitor and not a middle man type who claims to specialize in these cases ?

[Incredulous]

Oh please don't apologise, we are so confused anyway.

I don't understand the Legal Aid system, but as he hasn't any savings, and is earning his family are willing to use all their life savings to defend him, as he is an innocent man.
( not that they have huge amounts at all)
So any evidence that may be unearthed can be presented to the CPS and not the Police?

And yes, it is a minefield to pick the right solicitor who will be fair and true and just. Any recommendations appreciated. Or again will it be better to just wait it out. But we feel something can be done or doing now, not waste this tine doing nothing. Not knowing which way to jump is tortuous un top of an already tortuous situation.

And yes he was interviewed at being arrested after 15 minutes with a duty sol who is actually a really decent guy!

[myhome]

really sorry - Incredulous - but my thoughts and those of Casehardened are completely different. He has been here a lot longer than me.....so sorry I may have added to your confusion...

[myhome]

Sorry, thank you for replying and moving this, I will learn.

He doesn't qualify for Legal Aid, so this would be privately funded. Can the solicitors actually stop a charge being made by doing investigation work now to try and disprove her allegation. How can a solicitor do this? How far can they go to disprove this? Can they ask for the equipment the police are holding of his for instance? To do their own investigations ..at this pre charged stage. Can the solicitor present this to the police/Cps at the pre charging stage? Or should we just sit tight like others are suggesting.

No need to apologise - we have all been new!!!
I can understand your need for your questions but it's not simple to answer them. As a general rule, solicitors won't get involved unless there is a charge. Also, there is a 'danger' in doing this even if you could get a solicitor to agree.

First you must remember that the police are not your friends and they are not interested in innocence - only in meeting conviction targets. If you have a shed load of information which will help to prove your innocence and your solicitor gives it to the police, the police will go to your FA'er and tell her especially if it contradicts what she has said. She will then be allowed to change her story which will render your evidence useless at any further stage if you were then charged. Or, the police will 'lose' it or deny they ever had it, or produce it when it's far too late.

Also, this may never come to a charge anyway in which case you would have wasted your money.

So generally I think members on here would say sit tight and wait and see whether there is a charge or not. I know this is a really really hard thing to do, but it is the most sensible...
BTW - has he been interviewed yet?

[Casehardened]

He doesn't qualify for Legal Aid, so this would be privately funded. Can the solicitors actually stop a charge being made by doing investigation work now to try and disprove her allegation. How can a solicitor do this? How far can they go to disprove this? Can they ask for the equipment the police are holding of his for instance? To do their own investigations ..at this pre charged stage. Can the solicitor present this to the police/Cps at the pre charging stage? Or should we just sit tight like others are suggesting.

Note that this is my opinion only and it would be best to clarify this with the solicitor he selects but I suspect that if the solicitor undertakes pre-charge investigations and unearths a good defence against the allegation and lets the CPS know this informally and without disclosing the exact details then the CPS will take this into consideration when deciding whether or not to run with the prosecution.

At the very least they will be aware that there is going to be a robust and funded defence!

I feel that if he has the available funds then there is nothing to lose by starting the ball rolling now (but please choose the solicitor carefully or the money may be wasted.....peruse the specialists solicitors thread carefully for other members recommendations)

[Incredulous]

Sorry, thank you for replying and moving this, I will learn.

He doesn't qualify for Legal Aid, so this would be privately funded. Can the solicitors actually stop a charge being made by doing investigation work now to try and disprove her allegation. How can a solicitor do this? How far can they go to disprove this? Can they ask for the equipment the police are holding of his for instance? To do their own investigations ..at this pre charged stage. Can the solicitor present this to the police/Cps at the pre charging stage? Or should we just sit tight like others are suggesting.

[Casehardened]

Hi and welcome to the forum,

You should be able to start your own threads: select the most appropriate section of the forum; click on it & the index page should open with the button for starting a new thread at the top left of the page.

With regard to the solicitors, it is not possible for them to make a legal aid claim on a clients behalf until and unless a charge is brought.

It could be then that the ones who offer to carry out pre-charge work are expecting private instructions and will charge accordingly (these fees can no longer be reclaimed from legal aid funds)

[Incredulous]

We are getting conflicting advice when visiting solicitors. Some are saying they can get a lot of investigations done before it reaches the possible charging stages and even avoid people being charged, then others say sit tight, nothing can be done until the cps decide to charge or not! Which advice do we believe? Please help us.

I'm sorry this may not be the right place to post this but I cannot enter a new thread as I have only just joined the site. But cannot post yet. Worried sick.