...I'm in court soon and going to plead guilty, am i going to get a chance to plead my case with them before they sentance me?
2007-01-16 22:08:17 · 5 answers · asked by gjd3k 1 in Politics & Government ➔ Law & Ethics
It's a motoring offence, and without my license i will lose my career.
2007-01-16 22:14:55 · update #1
ok cheers, so i've no chance then basically to save my license even though it will cost me my job that i've worked so hard to get. It is the first time i've been in trouble with the police before.
2007-01-16 22:21:33 · update #2
I have gone to a solicitor and he has applied for legal aid for me, but he also said to me due to the charge i'm going to get banned regardless of the situation with my job.
2007-01-16 22:40:13 · update #3
the only thing i'm getting charged with is failing to provide a specamin of breath for analysis. i should of but i didn't because of the way i was getting treated by the undercover.
2007-01-17 01:44:56 · update #4
You don't say what the offence is -- or, indeed, whether it is one offence or a series of offences. If it is drunk driving, then disqualification for at least one year is mandatory following a guilty plea. The fact that your solicitor thinks that you are inevitably going to be disqualified and that you are making a legal aid application makes me suspect that it may well be that at the very least. As legal aid isn't normally granted for such an offence, then there may well be a charge of dangerous driving.
It is an important principle of English law that before sentence is passed the person concerned -- or his legal representative -- should have the chance to say something. Again you don't say whether you will be represented by your solicitor irrespective of whether legal aid is granted or not, but there is always a duty solicitor in court who represents people facing serious charges free of charge, so somehow or other a lawyer will be making what is known as a plea in mitigation on your behalf. In doing so, he will put forward every possible argument in favour of your being given as lenient a sentence as possible.
Not knowing what charges you face, that is all the help I can give, unfortunately!
2007-01-17 00:51:24 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
Firstly I would consider my plea. Was there any "Good" reason why you did not supply a specimen. Illness etc. Secondly, if guilty a solicitor can rightly plead for you to retain your licence because of the work situation and how it would affect others etc. (needs to be good and doesn't sound like yours is). You will finish up with a min. 12 month ban, fine and maybe community service/probation depending on what else is on your record. BUT it doesn't stop there- BEFORE they will reinstate your licence, you will have to undergo a MEDICAL (currently about £100) to prove that alcohol is not a problem with you, SO do not have a drink for at least 10 days when that time arrives..
2007-01-19 21:39:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your solicitor will OR you will be asked if there is anything they need to take into account regarding the case before the pass judgement!
Remember one thing with Magistrates though...they are members of the public..they do not know the law..if I remember correctly, they rely on the court staff and court usher for advice on sentencing!
2007-01-16 22:17:27 · answer #3 · answered by jamand 7 · 0⤊ 0⤋
Consult a solicitor and he will claim mitigating circumstances on your behalf You should be able to find a free solicitor in your area --ask citizens advice.A first consultation is free.Also the court should have a duty solicitor who would act on your behalf.Magistrates will take you more seriously if you go to the trouble of seeking legal advice.
2007-01-16 22:34:40 · answer #4 · answered by Xtine 5 · 0⤊ 0⤋
Your solicitor should be the one to do this for you, though it completely depends on the case and the charge.
If you are pleading guilty, for example for shoplifting, they will take into account any reason you had to do this and your background.
2007-01-16 22:13:35 · answer #5 · answered by Rosie 3 · 0⤊ 0⤋