Is it too late to change his plea?

Question

My son has been advised by his barrister to plead guilty to an attempted robbery. We feel now he has been ill advised. I know you probably think i'm his mum and i would say he's innocent, but the events that took place shows that he is innocent. He's never been arrested before or even cautioned by the police, has a good family background and is doing extremely well in college. Not the signs of a person who would attack or threaten anyone with a knife. The knife he had was a small battered round headed knife he used to repair his bike when he was out and about on it. I'm feel he should have been able to state his case and let the jury decide rather than to have a judge make the decision. So is it too late to change his plea? He's 18 and the plea has already been put before the judge for an indication.

Ok. His statements to the police, to his solicitor and to me say the same thing, he did not try to rob the victim. He didnt ask him for anything. Also we live in the UK.

Answer 1

Have your son get a new attorney/barrister who is on his side. Then they can file a motion to withdraw his plea if he hasn't been sentenced yet. If he's already been sentenced though, then that would be tough. You can do that in the American legal system. I'm not too sure about Britain or Canada laws though.

Answer 2

Your son's barrister has no business persuading your son to plead guilty if he is innocent.

If your son is on legal aid the barrister would be paid exactly the same amount for doing nothing other than adving your son to plead guilty, than if he had to prepare a full defence and work for his money.

I assume he used the old, "It's your first offence so you'll be unlikely to get a custodial sentence if you plead guilty. If however, you plead not guilty but are found guilty after your trial, you will almost certainly be sent down."

(How's that for guesswork?")

His argument, though is sound, but this is the question your son has to answer. Why should he plead guilty to a crime he did not commit and gain a criminal record in the proccess?

My advice is never ever plead gulity if you are innocent. 80% of all criminal cases would have failed if the defendants had not pleaded guilty.

Fatty Faulkner has been leading on the courts to encourage gulty pleas to save money, to a pratt like him saving a bob or two is more important than justice.

If your son wishes to change his plea, he should advise the barrister and then sack him.

When your son appears in court he can explain that the barrister pressurised him into entering a guilty plea, and he will be appointed another barrister.

There is no cast iron gaurantee that your boy would not face a custodial sentence if he pleads guilty.

At the end of the day though, it is you that has to weigh up the evidence against your son, and make your decision.

I hope this helps explain the situation, and wish you luck on whatever course of action you decide on.

Answer 3

If he is innocent, then there is no way the barrister should have advised him to plead guilty, One the other hand if there are witness to the attack and they have pointed the finger at him, then he's not much of a chance of being found not guilty, and the courts will not take it likely that the courts time has been wasted. Yes he can change his plea before the trial but think very carefully about it and do make sure he is innocent of the attack.

Answer 4

No its not to late to change his plea, but the way i read your letter is there,s no smoke without fire,, Your son as got a criminal record weather he likes it or not, the dabs have been taken the mugshot as been taken, he will be found guilty, if he pleads guilty, he will not go down the road, if he pleads not guilty and his found guilty there is a good chance he will have a basin of porridge,,,In this country we have a judicial system that is based on the Russian system of the 1940s--1950s which means hes guilty...No doubt your lad had a few drinks, a little altercation, and you are where you are today.....Suggest you get rid of your solicitor --barrister etc (save yourself some money,( if you haven't got legal aid) Tell your son to say hes sorry, just a misunderstanding, that will be the end of the matter, and your son will have learned a lesson... Believe me i was in that situation myself.... The law is one big asshole.....

Answer 5

It is not too late to change his plea, it can be done in Court. However, I wonder if the knife has been produced as evidence. The question of whether or not he intended to rob another is also included in any verbal comment at the time. The Prosecution might adduce evidence from witnesses that your son said something and produced the knife. This would put the Defence in some quandary.

Ask your Solicitor about the evidence. This is the crucial point.

Answer 6

The actual question is whether he can change his plea to one of 'not guilty'. Whether it is in his best interests to do so or not is an interesting question, but that's not what is being asked nor can we judge that issue.
The answer is he can change his plea, but only with the permission of the court. He will need to change barrister, not because the barrister he had was no good, but because the barrister will be 'professionally embarassed' (a term of art, but a genuine term) by the change of plea to 'not guilty'. He probably will not need to change solictor.
This is not a decison to be undertaken lightly and the consequences of a guilty verdict following a trial are ones your son will need to bear in mind.
All I can say is, no lawyer or barrister worthy of the the name would advise a defendant of previous good character to plead guilty to attempted robbery unless there was very strong reasons to do so.
Perhaps you should pause before overruling his legal advice, to consider whether your belief in him will be adequate to have him acquitted.

Answer 7

The prosecution would not go to court without evidence so you are not telling us the full facts.His barrister having weighed the evidence has advised him accordingly.It sounds as if changing his plea now could do him potentail harm in the sentencing stage.He is oviously on a sticky wicket if the prosecution and defence think he is guilty.

Answer 8

For all you know, your son has told the barrister that he did it, or was involved in some way as to make him guilty by association.
Barristers don't tell clients to plead guilty when they're innocent.