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No evidence on phone

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Notsurewheretogo

Member since
December 2019

89 posts

Posted Wed May 26, 2021 4:47amReport post

Hi,

So before the plea hearing my husband solicitor got the evidence pack.

And apparently they found no conversation on his phone at all.

The only evidence they have is the conversation printed from their side but nothing on his devices.

I don't understand why the solicitor thinks this is a good thing as surely it doesn't matter if its on his phone or not as they have the conversation.

Anyone else had this?

Sarah ??

Member since
January 2021

177 posts

Posted Wed May 26, 2021 9:10amReport post

We are in a similar situation. They don't have my ex's device allegedly used - as it was an older phone he no longer owned. No idea of this is helpful to my ex or not! They still have enough to have arrested him but I guess the phone or finding stuff on it just sures up their case. Everything is a guessing game!

Blue82

Member since
January 2020

95 posts

Posted Wed May 26, 2021 9:38amReport post

Hi there!



My partner was initially arrested for a conversation he had with an undercover police officer, and devices were analysed and they found 23 indecent images and some prohibited images on his devices, but the police did not actually find the conversation on the device. It didn't seem to matter to them, and they charged him for it, as well as the images, and they sent him to prison for it.
Every investigation is different and ultimately up to the Investigating officer. I feel that they had made their mind up from the very start, that they wanted my partner in jail.

There was so many flaws in the investigation. I think if we could of afforded a better solicitor things would be a lot different.
My advice is make sure your solicitor is doing their job and be thorough with everything. At the end of the day we want justice to be done fairly.
best wishes to yous

blue xx

Notsurewheretogo

Member since
December 2019

89 posts

Posted Wed May 26, 2021 10:33amReport post

Thanks for your replies!

What makes me laugh is no other evidence was found they have this one convo with a police decoy and nothing else no images no arrange to meet and no Search history.

So hoping this works in our favour.

Blue82

Member since
January 2020

95 posts

Posted Wed May 26, 2021 1:21pmReport post

Sounds like they don't have a huge amount to go on in my opinion. I hope for the best possible outcome for you and your family hun xx

Zack

Member since
July 2019

74 posts

Posted Wed May 26, 2021 2:55pmReport post

I would guess they would need evidence on his device to link any conversation to him, otherwise it could have been anyone (this obviously is not legal advice). Unless he has confessed, it doesn't like a very strong case.

I do worry about police pretending to my children, I worry that they can't really act like children, so could easily be putting ideas in peoples heads that weren't there before. As much as they say offenders need to look at the impact of their actions, so do the police.

New and confused

Member since
September 2020

18 posts

Posted Thu May 27, 2021 1:46pmReport post

Unfortunately they can still charge and sentence. How I don't know but they can.

In my husbands case no photos, videos, no meeting, no phone calls, no conversation and no other conversations found on phone, he was charged on screen shots and its gone through to Crown court. Was told by solicitors that thats enough. Not know any other area of law which could be done on screen shots but seem that they don't need much in this area