This is a follow up on from a previous question. I've contacted our solicitor who is acting on my son's behalf and said we werent happy that he had pleaded guilty on the goodyear plea, when he is in fact not guilty of intended to rob the complainant. He was advised by his barrister that, and these are her words, two options plead guilty and get an indication of sentencing or be found guilty if its taken to trial and get max sentence of 4yrs. The complainant took off his belt and swung it around as a defence. He had a knife on him which he used merely to repair his bike, which was under 3ins long and in a battered condition. This fell out of his pocket when he was running away. And was seen by the complainant who was chasing him. My son didnt use this knife against the complainant. Now the solicitor says that he had agreed to the plea with the understanding that he knew what it entailed, but we were advised differently. And we want to change the plea. He just asked the guy a question
2007-03-16 05:34:32 · 7 answers · asked by chiccigyal 3 in Politics & Government ➔ Law & Ethics
My son didnt attack him. Just asked (pretty stupidly) what was he looking at, and asked a couple of times. When the guy said nothing he started to walk away, but the guy starting waving his belt in the air. Prior to this complainant was on the phone to his brother, who turned up in his car and proceeded to chase my son and his friend down the road. The knife fell out of his pocket onto the ground, he went back picked it up by which time the guys got out fo the car and chased on foot.
2007-03-16 05:50:08 · update #1
Your question is confusing, because the guilty plea should have been in exchange for a specific sentence. Did your son simply plead guilty, and leave sentencing up to the judge??
You might - and I emphasize MIGHT - be able to fire your solicitor and ask the court to withdraw your prior plea of guilt, on the grounds that your son was not advised properly of the ramifications of a guilty plea.
But FIRST - how strong is the case against your son? Seriously. No matter what your son was thinking at the time - if the evidence LOOKS like he intended to rob someone, then your son might be better off pleading - but to a LESSER charge, with a BETTER sentence.
But that is the province of a good lawyer: to supply that kind of advice.
Did your lawyer ever offer the 3rd option: go to trial and be found not guilty?
Or the 4th option: plea to some OTHER charge (disorderly conduct as a misdemeanor, for example) and get probation or something?
2007-03-16 05:48:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Very often at the early stages a rather inexperienced barrister will be sent to court to advise on the plea. This could have happened here. A court will not be happy if asked to set a guilty plea aside, but on the other hand, if when it hears in the speech of mitigation which the legal representative makes on behalf of the person accused before sentence is passed facts which are inconsistent with a guilty plea, it will sometimes set the guilty plea aside of its own volition and order a trial to take place. What I am saying is, that there is a mechanism in the court system to set a guilty plea aside, but there has to be a good reason for it. If your solicitor has advised against a not guilty plea and your son chooses to go against his advice, he may have to change solicitors.
2007-03-16 06:03:43 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Generally, once a person has plead guilty, there are only a few reasons why they would be allowed to withdraw that plea and go to trial. It also makes a difference whether your son is a minor, or not.
As to the outcome, it's not about the facts. It's about what can be proven in court. The barrister may be giving you reasonable advice on the likely outcome at trial, based on what the prosecution can prove.
2007-03-16 05:45:14 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
It is a role of the dice as to what the court will decide if your son fights it.
Apparently, the actual situation is up to interpetation. YOU said the complainant "took off his belt and swung it around as a defence." A defence of what? Your son's attack?
4 years is a long time for a young boy to be in prison!
Stick with the plea.
2007-03-16 05:44:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like she just wants to take the path of least resistence. Get a new one, she's not up for the task.
2007-03-16 05:38:45 · answer #5 · answered by mikehunt29 5 · 0⤊ 0⤋
he sounds amazingly innocent to me, carrying a knife & worrying someone with his conduct to such an extent they felt obliged to defend themselves with their belt. I strongly recommend you proceed with your 'not guilty' attempt - when he is convicted the rest of us will be protected from him for a little bit longer
2007-03-16 05:58:31 · answer #6 · answered by skipper409 2 · 0⤊ 1⤋
Apparently they can!
2007-03-16 05:38:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋