I want to defend myself in a british court. The case is i broke my sisters window. I am pleading guilty with mitigation...WHAT DOES MITIGATION MEAN. Also I am pleading guilty to a charege of breach of the peace on the same night. However I have also been charged wuth breaking her door which I did not do for sure.I am pleading not guilty to that charge. what advice would you give me the noo.
I am quite aware of the law but howshould I present myself in court. I.e who speaks first etc. will I be asked to speak etc. Please read this question carefully before answering.
Answer:
You are definitely allowed to defend yourself in any court, especially in England if you happen to live there. Mitigating circumstances is when the person has committed a felony which required a minimum sentence upon conviction.
You are charge with breach of peace %26 damage to property because you broke the door of your sister. How can you be sure you did not broke her door since you already pleaded guilty with mitigating circumstances? The advice is plead guilty and pay the fine. I think that is rational since you done it in the first place you should be responsible, next time around, for your action.
You should present yourself as you are no more no less, since you are represented by your lawyer, he is the one who will handle your defense in lieu of your present. But you are not allowed inside the court to defend yourself or utter words without the consent of your laywer, the premise of SPEAK WHEN SPOKEN only. You will ask to speak when you are ask by the court to give your statement, and be ask by the prosecuting lawyer, together with your own lawyer for your defense.
Yes I read your question(s) carefully, your honor, that is why I am answering them according to my knowledge and belief.
If you need to ask that on YA, get yourself a lawyer. You will without a doubt be eaten alive by the prosecution
i did work experience at court. you are brought in by a usher who will point you where to sit. then the legal advisor who sits underneath the judge will ask you to state your name and so on then you will sit down agen. your lawyer will put their case forward and the prosecuter will put theirs then the judge will decide. it will probably be a fine to pay for the damage and maybe community service or something small. nothing to big. sorry dont knwo what mitigation means.
that must be a best answer
If you don't know... get a lawyer. Or just go in a plead guilty and explain circumstances. I would imagine that guilty with mitigation means that there were circumstances that caused you to break this window. Lets say someone threw a baseball at you while you were holding a bat. In order to keep the ball from hitting you in the head, you hit it with the bat, which caused the ball to break the window.
Something loosely like that.
Oh Dear!
Pleading guilty with mitigation means that you accept that you did wrong but there was a reason for your actions which you wish the court to take into account when you are sentenced. I mean reason; not an excuse such as "I was drunk".
Could you not ask your sister to withdraw her complaint? If you did not damage her door, how did it get damaged? Ask for Legal aid. You need a lawyer now. If in doubt, contact Citizens' Advice.
Remember the rule. 'Dress up, and shut up'.
Get a lawyer.A plea of mitigation is for example, ( I've had a bad time my father left us when i was three and my mother was a drug addit who went on the game to fund her addiction etc" Just getr a lawyer
Go to a court and watch a case. You must prove the mitigation circumstances were that you had to do it for a reason.
I don't think you've even been to court. From now on, until the court action is over. You're in bigger trouble than you describe. Cops love guys like you. You're young. You're behaving stupidly. They have to replace their old dying clients with new ones or they will be out of work. Don't let them make you a criminal.
First.
DO NOT Speak to the Police. Under any circumstances. I don't care if you find Osama sleeping on your couch. Give him a hello, a bacon sandwich, a glass of wine and go back to bed.
Anything you say, will be held and is going to be held against you. The Police are usually really good people, unless your name pops up in their computers. Then they go to the other side. If you gave a police statement. You need a lawyer.
Second.
No matter how weak these appear or whether they are misdemeanours. If you are found guilty on these charges, you will not be allowed to go to the USA. Or even emigrate to another country outside the EU.
You will be on the police watch list, which means you blow your nose you'll be charged if you leave a booger on the sidewalk. You'll be questioned all the time about any crime that occurs within 40 leagues of your residence.
Since these minor crimes appear minor, it allows your name to be put on the crime computer, plus since these particular little charges do fall into the violent category if guilty there is a better than even chance that you will be put on a "no fly list" which is becoming ever so popular these days.
And if you go for any jobs or want to coach sports in the future this little indiscretion(s) will prevent you from working there. So buddy... or mate... You gotta fight these. This isn't being drunk in public.
Third
If you don't have a lawyer at this moment. I strongly urge you get one. If you flapped your jaws to the Police more than you should, then you gotta get a really good one.
You should have made a deal with your sister to pay for the damages in return she would drop the charges. It sounds expensive but trust me, if you can swing it get a loan to do it if you must or rebuild it yourself.
From the sounds of it shes the one pressing the charges. If you have parents they gotta lean on her to drop them. It sounds like someone is trying to get the whole inheritance.
Unless the Police made the charges. I don't see that you got any assault charges thankfully. A challenge in court will stop them.
Fourth
If you do not have the money. Go find a legal aid clinic or social place. Don't be a frigging hero. This isn't small claims courts or traffic court, remember you're whole future is at stake here.
Now from what I see is that you haven't been to court yet. The first session is usually an arraignment hearing to set a court date. Now I did grow up in the British Court Law system (Canada) and they are 9/10 s the same. Then at that point you will be remanded to another hearing.
They may ask if you wish to plead. Ask for a remand due to the fact that you have been trying to get a lawyer. If the judge asks why? Simply say that you are trying to find one within your income level but it is difficult.
Usually for low or no income people there is legal aid and court lawyers. You can avail yourself of a duty counsel if the court has one for this hearing at least.
If you do have the money and income I urge you strongly to get a lawyer, a criminal barrister, It might cost several thousands of pounds or Euros at the end of the a decade from now you will appreciate this advice. This is criminal. This affects your whole life. You cannot roll over that easily.
Now the next thing I want you to do is to go down to the courthouse before you go to trial and sit in. Anyone can do this. Then observe.
So heres how it wraps up for you.
1. DO NOT speak to the Police.
2. Please Start looking for a lawyer. There is no cheap way to get out of this. Especially if this is your first time on the carpet of perpetual happiness.
3. Go to the courthouse beforehand. Take a day off if you have to. Then watch and learn. You might even find a good lawyer. The ones that are actually there. They are the one's to ask.
4. Stay away from your sister. Get the new lawyer to contact your sister to try and settle up the damages and get the charges dropped. One strategy if she is the complainant pressing the charges and she doesn't take up your offer to compensate her fully if she drops them then say that you will remand her to death. Which is every court day seek a remand date for even the slightest of good reasons. She will have to attend court every time. Trust me going to court is a complete aggravation to complainants and witness. You go down. She's going to have to suffer too.
5. Remember you probably have one kick at the can. The first court date is likely an arraignment or preparing for a proper court hearing. Its a freebee. Regardless, Not guilty (you can always change it later if the lawyer recommends it.)
6. Best clothes not necessarily a tie, but you now like a date.
Oh, Good luck in all this.
I can only tell you the English system, If you are pleading guilty, you can speak to the duty solicitor on the day - they can only present guilty plea and mitigation.
You'd be very foolish not to take advantage of the duty - it's free, if you're pleading he'll give the basic circumstances and your excuses/reasons for behaviour ie. mitigation.
If you are pleading n/g, all the duty can do is (if they have time) go into court and ask for an adjournment for you to seek legal advice or tell you what to say.
Sentence/fine will depend on any previous convictions. You can look on the net for what category and fine scale the criminal damage and breach carry. It will probably be a fine for the breach and an order for compensation for the damage.
Max custodial sentence England mags (which I'm presuming this is) very unlikely, unless there are other charges pending or sentences eg suspended in force or tag etc.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment