I'm up in court for a bullshit charge but I know that if it goes to a magistraights then they'll go with the police whereas if I have trial by jury the common folk will see sence. I've yet to recieve a summonds.
2006-10-11 06:20:00 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have to go to magistrate'c court - all cases do. If it is a serious enough offence, the magistrates will commit you for trial at the crown court. If it is a summary offence, they will deal with you. There are a large number of offences 'in-between' in which you can opt for a trial by jury when you plead guilty or not guilty. The magistrates will ask you at that time of you are happy to be dealt with by them. If you say no, you will be committed for trial at crown court.
I would think VERY seriously about taking a case to jury. Juries aren't always as sympathetic as you might think, and you will almost certainly end up with a hefty legal bill. Also, if you ARE found guilty you can probably expect a heavier sentence than you would have got from the magistrates.
2006-10-11 06:26:30 · answer #1 · answered by satyricon_uk 3 · 2⤊ 0⤋
Dont really think that is a good idea whether you did it or not, you are best going to the magistrates court first and then appealing. If you go to the Crown Court for Trial by jury the sentancing options are much more sever, the minimum term of imprisonment and fine levels are different. The magistrates do not always go with the police.
I would go and see a Solicitor and get professional advice but I would not go to the Crown Court to prove your point there is just too much risk of going to prison for the foreseeable future. Cut your losses and appeal if necessary and you feel that strongly about it.
2006-10-13 06:53:38 · answer #2 · answered by cassie s 2 · 0⤊ 0⤋
You may not be entitled to a jury trial -- although you should ask at every opportunity so as not to forfeit any right you do have. If you decide on that strategy. But you really do need to consult reagarding your strategy with a criminal lawyer and you should insist on that right.
You can ask (for what it's worth) for removal to the Crown Court, or appeal there. This carries its own risks. http://en.wikipedia.org/wiki/Crown_Court
Be sure to raise any issues that might be germane under the Human Rights Act 1998. If the charge is genuinely harassment on the part of the police, you might try to get some background how the force is run, what meritless cases they have brought in the past, what their conviction rate is, and so on.
This is not stuff that should be done as a DIY project. The whole point of having a solicitor/barrister -- and having those lawyers negotiate on your behalf -- is to have someone bargaining for you who is knowledgeable and while not disinterested (they work for you) not emotionally involved either.
Lots of cases get lost or dropped before trial.
2006-10-11 06:34:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
US "law" is basically the same as in the UK, it would be unreasonable to expect a jury request prior to receiving discovery. You have made a request for discovery havent you? If you don't know what im refering to you had better find out fast, time is of the essence. I strongly suggest you DO NOT retain counsel(barrister)as these minions are only double-agents.
Further, there are complications and obsticles intentionally put in place to stop your jury reqest that no barrister can defy without adversly affecting their career but, you can! It just wont be easy.
I've attempted to research the matter for you but there were no resources available through my network. I think you weren't charged under UK law per se but under a lower faction.
To help you better understand the "legal" system it is important you read and fully understand the following link http://www.worldnewsstand/law/person.htm
You should also strongly consider methods to deny the court jurisdiction(the right to rule on the matter) realize that it(the right to rule) must come directly from you they just use deception to obtain it and you never know you did it, thats how the "law" works.
2006-10-11 07:04:48 · answer #4 · answered by Truyer 5 · 0⤊ 0⤋
You will almost always recieve a harsher penalty at Crown Court if found guilty, than if you plead gulity at a Magistrates court and save the expense of a trial.
Get the best defence solicitor you can afford and take it from there. That is once you recieve a summons.
2006-10-11 06:30:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can elect for trial by jury at the magistrates hearing.
2006-10-12 23:04:31 · answer #6 · answered by GLYN D 3 · 0⤊ 0⤋
Wait for the summons to arrive then see your solicitor. He will take it from there and advise you what is the best thing to do.
Good luck
2006-10-11 21:24:11 · answer #7 · answered by LYN W 5 · 0⤊ 0⤋
When you receive your summons, seek legal advice.
2006-10-11 07:44:42 · answer #8 · answered by Sally J 4 · 0⤊ 0⤋