Quick question
Notifications OFF
Has anyone else had an opportunity for their solicitor to include a letter to cps asking for case to be dropped after police had looked at devices and no further evidence found no 2nd interview as nothing else to question about. All they have are the two conversations with adults. I am just wondering if this ever results in NFA or is just a false hope. Our solicitor is a specialist with these cases so we hope they know what they are doing to get us the best possible outcome. More likely still have long wait waiting if cps will charge. We were also told police would contact us about returning some of the devices they originally took but have not heard yet.
Hey forum,
This was something we asked about and were told it was an option but then he pleaded not guilty and it was no longer an option - you have to request a discontinuance of proceedings (I think it's called) BEFORE you enter a plea but we didn't know that and the solicitors obviously just went along with standard procedures. Once you've entered a plea then the next chance of asking the case to be dropped is at trial and is called a "no case to answer" when it's in relation to weak evidence.
In regards to NFA or getting the case dropped because there is nothing other than conversation it will depend what is in those conversations. In our case the Police have got cell site data to say well the person said they were in this city and you were in this city on the day so they've tried to build a case off that as well as a couple of other things. Any photos sent in the chat, if they are in the suspects phone will be evidence too. It very much is dependant on what evidence there actually is and it has to meet the CPS's Full Code Test for it to warrant charges being made. I am hopeful our case will be dropped but sometimes when evidence is iffy they can decide to let a jury make the decision so you can't be sure.
This was something we asked about and were told it was an option but then he pleaded not guilty and it was no longer an option - you have to request a discontinuance of proceedings (I think it's called) BEFORE you enter a plea but we didn't know that and the solicitors obviously just went along with standard procedures. Once you've entered a plea then the next chance of asking the case to be dropped is at trial and is called a "no case to answer" when it's in relation to weak evidence.
In regards to NFA or getting the case dropped because there is nothing other than conversation it will depend what is in those conversations. In our case the Police have got cell site data to say well the person said they were in this city and you were in this city on the day so they've tried to build a case off that as well as a couple of other things. Any photos sent in the chat, if they are in the suspects phone will be evidence too. It very much is dependant on what evidence there actually is and it has to meet the CPS's Full Code Test for it to warrant charges being made. I am hopeful our case will be dropped but sometimes when evidence is iffy they can decide to let a jury make the decision so you can't be sure.
Basically, in these cases it has to be proven beyond reasonable doubt that the suspect is guilty of the crime alleged and to be honest until charges are posted you won't know the full evidence there is as it will be an ongoing investigation at this point. I don't think there is a way to get the investigation dropped if it's taking a long time - which is very unfair when you're being accused of crimes like this and it's months or years of waiting. The RUI instead of bail has given Police the ability to take their time.