Wrongly convicted of rape

[Troutfisher]

I have been wrongly convicted of rape and was sent to jail but I've been released on interim liberation pending my appeal hearing. Is this a good sign that I've been released or is it just a standard thing they do with an appeal?. Sorry for not putting more details up but I'm not sure if I'm allowed (by the court), I'm so confused and mentally destroyed by this whole thing . Please help

[Indigo]

Hi and welcome,

Interim Liberation means they believe you are not a threat and are not liable to abscond.
Just keep your nose clean and it could seriously aid your appeal.

[Rights Fighter]

Are you in the USA or outside of the UK? I ask as you have said

I've been released on interim liberation pending my appeal hearing

In the UK the terminology is "bailed pending appeal" - hence my question. If you are outside of the UK we won't know the laws - unless its Scotland in which case hopefully Lawlessone can assist.

In the UK after a trial at Crown Court it is RARE that an defendant is bailed pending appeal. That tends to happen only if it is believed something went so wrong at trial, or the fresh evidence is so persuasive, that the appeal will work. I've only known that happen twice in the 12 years I've been assisting in these cases. Doesn't mean that others didn't happen of course, but I never heard of them. Most unusual

[Troutfisher]

Thank you both for your messages, your comments gives me a bit more hope. I'm in Scotland, I've kept my nose squeaky clean ( not that I would do anything wrong anyway) because I've be so paranoid of the police. Another thing that people told me to see as a good sign was that I have very basic bail conditions, is it true this is good or a people just trying to make me feel better?. Thanks again for the help

[Rights Fighter]

I am often criticised for being 'terse' or negative. This is because I say it like it is and don't pussy foot about. It's pointless trying to pretend that something is going to work, or evidence that somebody thinks might help, will help, when I know for a fact either it won't or it is inadmissible.

I am not trying to make you feel better (although I do hope you feel a little more positive). I am saying it like it is from my own experience in working in this field for 12 years.

I do hope that it is the same in Scotland as it is here - that bail pending appeal is a very good sign it should work. Nobody can know for certain of course, but I can't see that a court would allow you bail pending appeal when you could be serving your time while you wait for an appeal that might not work. I think it's a question of balance.

[is there justice?]

I really hope this is a good sign Troutfisher.

Please let us know how you get on. If successful, it may help others.

[Troutfisher]

Thank you for all you comments, I will keep you guys posted if things go well.

[Troutfisher]

Hi things went well, conviction was quashed by three appeal judges. The prosecution couldn't give a valid argument and the judges just shook their heads at the situation. I've now got to wait and see if there is a re trial but the judges gave the crown a short time to make their decision ( I was told they had to allow the application for a re trial bed). It's not over yet but I've gained confidence in the court system and I hope that this nightmare is over and I can finally try to rebuilt my life. My thoughts go out to the men and their family's that have to suffer from this injustice. The only advise I can give if you are truly innocent is don't give up and keep fighting, no matter how hard/mentally destroying things get. The main people know your innocent and that's all that matters. Stay strong and don't lose hope

[safedave]

Great news well done, heres hoping that you can get it fully quashed

[lawlessone2009]

I am sure you had a massive sigh of relief.

I am assuming that you were in Edinburgh High Court, been there myself. Very over-powering when the three judges come in in their robes.

I am very happy that you have made it out the other end.

I would also be of the opinion that the Crown will take their time (not literally) before considering a re-trial. The COPFS is totally out of control in Scotland just now, it really does beggar belief!!!

Don't forget to update us with what eventually happens.

[is there justice?]

Sounds like things are going the right way and I hope you soon get confirmation of your freedom

[o my god]

Good to hear that the judges gave them a short time for a re trial or you could be waiting around for years, wish all judges gave a set time and not let the cps drag there heals

[Rights Fighter]

Great stuff! It's the waiting for the decision about having to go through the nightmare of a retrial again. Will you use the same sol/advocate?

[phoenix2014]

Great news

[lawlessone2009]

Good to hear that the judges gave them a short time for a re trial or you could be waiting around for years, wish all judges gave a set time and not let the cps drag there heals

The judges in Edinburgh High Court are very very good at not cutting the COPFS any slack and also at looking after those that find themselves in front of them in the appeals process.

I'll be forever grateful for their existence and also that of my legal team.