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Change of charges?

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JB72

Member since
October 2018

108 posts

Posted Sun February 23, 2020 11:31amReport post

my husband plea hearing is coming up but his solicitors don't get the evidence until a day or so before so he can't enter a plea as they won't have had time to look at it, I've seen 2 of the pictures he's been charged of distribution because the police showed them to me, they are no way indecent and we're basically used as 'currency' to get people to chat to him, his other charge is making indecent images which he denies he says if they've found family pics on his devices of our children can they be classsed as indecent? What I'm asking is what's the process now? His list of charges sounds horrendous and I'm scared if it's printed in the papers our lives here will be over, can they change the charges or do we have to go with what he's been given?

tia

jb72 x

majestictopaz15

Member since
December 2019

371 posts

Posted Sun February 23, 2020 12:47pmReport post

I can't remember how long my partner had his list of charges before the plea. They got the date wrong of the arrest and he asked for it to be changed at the plea but came the day for sentencing and it had not happened. The judge was not happy about it but their hands were tied. It didn't make much difference really. But best to have your partner and hopefully yourself if allowed (I never got involved with the lawyers tbh) and discuss if the charges are inaccurate but I expect they may have to go in as not guilty if that is the case due to believing it is an error. Maybe the lawyer can suggest an alternative charge?

The way the charges are written can be over the top in my opinion depending on what the offender did. My partner has his down as making and distribution, when his offence was sending stuff that was not him and he did not create himself. But they lump it onto one long charge description. I think anyone who doesn't understand how these charges are written will see my partner as someone who took vids and pics as well as send to others (for him he played a catfish or he traded with others.... terrible I know). My point is the charges may be written in a way you and your partner may not see as a true reflection of the crime they have committed. My partner had to ask more questions on the matter and came to realise he would have to plead guilty to all.

Always check the lawyer on their thoughts on whether charges can be contested.



Sending hugs

Maria

Member since
September 2018

286 posts

Posted Sun February 23, 2020 12:52pmReport post

He may not need to enter a plea at this stage, his solicitor will advise him. I think if it's of a serious enough nature for crown court then the plea can be entered then or the solicitor could ask for it to be adjourned as they have not had time to read the case and advise their client. His solicitor will help him with all of that and advise what to do. I think it comes down to the context of the picture, someone else may know more about images. If he sent the images that does not appear indecent in the context of a sexual conversation, with the aim of a sexual conversation or to gain or give the othe other person sexual gratification then it is likely to be classed as indecent, the helpline will be able to advise on that as I might be wrong. I think it's highly unlikely he would be prosecuted for family pictures, everyone has pics of their kids on the computer. They could be family pics but might be to do with how they have been used. His solicitor will have all the details, if you are able to attend court it might be worth going or having a meeting with his solicitor if you are allowed so you get no shocks and can prepare for what will be heard in court. They are unlikely to change any of the charges now, sometimes people can enter a plea deal (plead guilty to some and the others get dropped), but I dont think that's likely in these type of cases. Press if very hit and miss, some people go through court without reporters there others are unlucky. It's a stressful time but at least you will know soon exactly what hes charged with and why.

Summer

Member since
July 2019

394 posts

Posted Sun February 23, 2020 9:20pmReport post

Hi JB72

when you say charged with making, from what I've read about this which to the general person is misleading. Making means making a copy like downloading or screenshot. It would a charge of taking if he was to actually take a picture if that makes sense.
Thinking of you, keep strong xx

JB72

Member since
October 2018

108 posts

Posted Mon February 24, 2020 9:46amReport post

Thankyou everybody that has helped me and my husband to understand as he didn't know himself which then made me question if he was actually lying! I've spent 16 months in limbo not knowing what was going to happen and trying to live as normal a life as possible but now the end is in sight I just want it all over

jb72 x

Trying to keep it together

Member since
February 2019

111 posts

Posted Mon February 24, 2020 2:10pmReport post

Hey JB,

Im keeping everything crossed for you that it all gets done and dusted quickly and quietly.

Hope you are coping ok and are taking care of yourself x

Ttkit

JB72

Member since
October 2018

108 posts

Posted Mon February 24, 2020 7:44pmReport post

Thanks ttkit



did I read that your hubby is now looking at an NFA? I hope this is the case and it gets sorted soon, it must be a massive relief, good luck

xx

Trying to keep it together

Member since
February 2019

111 posts

Posted Mon February 24, 2020 8:31pmReport post

Hey JB,

Yes I think we are nearly there but not counting any chickens until they are firmly in the coop.

It's a reliefe but also I'm not getting my hopes up!

How are you and kids doing?

Ttkit

JB72

Member since
October 2018

108 posts

Posted Wed February 26, 2020 8:26pmReport post

We're good thanks, nothings really changed as we're still waiting, ss pop in now and again but won't change anything until they know more details so we're still living apart which is proving quite expensive! My only fear is people finding out now, I'm keeping my fingers crossed it won't be reported and the husband doesn't go to prison or lose his job! But like we've done all along just take each step as it comes, good days and bad xx