Family and Friends Forum

Ocean13

Member since
April 2024

64 posts

Posted Thu February 6, 2025 9:59pmReport post

So it's a week until my partner goes to magistrates court and my partner has an appointment with a solicitor tomorrow. I’m not sure how to feel - I’m hoping they can help but know there’s only so much they can do. I’m getting nervous about it and worrying that they’ll say there’s not much they can do.



I know every case is different but would appreciate if anyone can share their experiences and whether it’s had any positive outcomes.



He had a duty solicitor for his interview and they were absolutely useless!



It’s costing a lot of money and neither of us on decent wages which adds financial stress on top of all of this.

Edited Thu February 6, 2025 10:03pm

Ocean

Member since
September 2023

860 posts

Posted Thu February 6, 2025 11:12pmReport post

I'm not sure I'm going to be any help but I didn't want to just scroll on past your post.

When my son met with his solicitor a week prior to magistrates court she wasn't really able to help at all as she hadn't received the papers at that time from the CPS. In fact, I don't think she actually received them until the day of court. My son met with his solicitor about 45 minutes before the plea hearing to go through the evidence. His solicitor explained the sentencing guidelines and explained the plea options. As he agreed to plead guilty she told him that she would be recommending to the court that the case went to crown court for sentencing.

LittleRobin3

Member since
April 2024

480 posts

Posted Fri February 7, 2025 10:36amReport post

Hi, we couldn't afford a solicitor so had to go with the Legal Aid one that's provided. First time round they were utterly useless but this time round they seem to be a bit better. I think quite a lot of weight gets put on the pre sentencing report that gets done by probation ahead of sentencing. That report should be quite detailed including things such as what his childhood was like, did he plead guilty straight away, what was his attitude towards his victims and the Police? Is he educated? Is he working? Does he know why he's committed these crimes? Does he have any caring responsibilities? Has he shown remorse? There's quite a lot that should go into that report. The Probation Officer can make a suggestion as to what they think an appropriate sentence could be. The Judge "should" take this into account but of course, on the day, they can pretty much do as they please.

edel2020

Member since
March 2022

442 posts

Posted Fri February 7, 2025 11:34amReport post

The most important job of the solicitor is to assess the evidence and advise on the possibility of a not guilty plea. That requires the person to be totally honest about what they did. There are very few defences to an images offence for example, so the solicitor will check if any of them are an option.

If it goes to the Crown Court for sentencing, then the solictor will usually employ a barrister whose job is to get the lowest sentence possible. That will involve not just reading the pre sentence report from probation, but looking at everything that could potentially make the person deserving of a non custodial sentence.

The barrister then makes their argument to the judge. The defendant will not normally be required to speak at all.

Edited Fri February 7, 2025 11:35am