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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Could you please help My sons court hearing was set for the

Customer Question

Could you please help
My sons court hearing was set for the 4th April 2013 to prove monies banked in cash
Had call on Friday from solicitor to say the hearing is on 31st Jan 2013
As his case was drugs related he was to prove all monies banked in cash. This has, and was being done along himself working, and trying to find the tenants that paid him. The te nnant who lived at the house and paid rent in cash would come to court to testify. All monies banked can be verified, but the shock of no letter from solicitor and date being bought forward could mean no witness for short notice..... Could you please please give directions as this could mean losing my family house. He is also demanding monies on Sunday to pay the barrister I am totally confused... Could you please help
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Can you outline the case for me please?
Customer: replied 3 years ago.

Thank you for your reply.


Sorry for late response. Due to lateness of sleep got v tired. I am preparing an outline for you and will send asap


Thank you

Expert:  Jo C. replied 3 years ago.
Actually on reflection don't worry about that.

Is the hearing on the 31st a trial or a preliminary hearing?
Customer: replied 3 years ago.
Information required (outline)
In may 2011, I was arrested for having a cannabis factory, my case was bought before the judge in march 2012. I was given a 9 month sentence of which I served approx 3 months.
At the start of this case my legal advisor informed me that I would not be able to claim for legal aid, also paying in private would secure me a better legal team.
I was back in court on the 16 nov 2012 to deal with the confiscation order, I was not made aware of this court date until a few days before, I've had no letters or correspondence ( via paper) for the court dates, just a phone call a few days earlier. In such short notice it is hard to gather any evidence or witnesses without disrupting their daily life.
On 16 novXXXXXwas the first I heard of earlier dates which I knew nothing about (e.g 12/9/12 we failed to submit a response). On 16 novXXXXXwas adjourned till 4 April 2013 so evidence and witnesses could be gathered.
I still to this date have not received anything in writing, but had a phone call from my legal advisor on Friday 25/1/13 that the case has been bought forward to the 31/1/13 again I've had no time to prepare, I work far away from home and only come back on the weekends, I've taken a few days off work to get this matter sorted.
A witness who I've been in contact with is a head chef, and with such short notice can't get time off work as it would risk his job.
I have managed to track down a tenant that lived in my property who will confirm in writing that she paid me cash rent for the duration of her stay.
I also have some tenancy agreements.
Another tenant who we may of tracked down today via face book and various messages, will be able to confirm I was collecting cash rent from her to. (I'm a landlord of my own property plus I manage/ caretaker for my fathers property)
My legal team are now wanting more money which being a single working parent with two young kids I'm finding it very difficult, I feel I have no commitment from my legal team, now I have no funds available.
I've just been told that he has now transferred my case to another legal firm based in London. this I can't understand (I'm Bristol based).
Thank you
Expert:  Jo C. replied 3 years ago.

so isn't it just a preliminary hearing on the 31st? Probably for case management reasons.
Customer: replied 3 years ago.
For jomo1972
As far as I know this is the final hearing
Expert:  Jo C. replied 3 years ago.
Is this the first contested hearing?
Customer: replied 3 years ago.



This is decision hearing, with all evidence from us being presented as to who paid the money in cash,


As previously the legal advisory led us to believe he had everything needed.


We know haven written signed and dated statements which I have been running around and getting.

A Turkish student as mentioned has come back only today, and is emailing us with details of her stay and the cash payments she made for rent form Turkey. She is running around to get all required by tommoreow

Expert:  Jo C. replied 3 years ago.

But what I need to know is whether this is the first contested hearing?
Customer: replied 3 years ago.
Had a call from Jamica from our legal advisor to say the Barrister can't attend to our hearing as he is on another case, and would not make it on time, therefore my son does not need to attend as the Barrister will get another hearing date
This this sound sense
If my son is not there blame can be levied at him for not being there
Is this normal
Expert:  Jo C. replied 3 years ago.

Well, it depends. I'm not really getting the information I need from you.

If this is a proceeds of crime matter then he will not be on bail and so he is free to fail to attend but the hearing may go ahead without him.

If he has difficulty being trial ready then he should attend and apply for an adjournment. If its as he says and his witnesses cannot attend at short notice then probably an adjournment would be granted.

This does depend, of course, upon it being short notice. It would not be common in my experience for cases to be more forward by several months.

Hope this helps.
Customer: replied 3 years ago.
Just to make it clear, I ( defendants father) wrote the first question of this enquirey, when you asked full explanation my son (dependent) replied in detail as per your request.
The prosecution is asking to prove money that were banked in cash in the last five years.
My son was ready to attend tommorow
He has got documented and written evidence of the cash which was given
Mainlly from rental income (. 14k) at hand , which the barrister asked for at the last hearing on Nov 16 2012.... When at that time we did not have all required to prove the same, and date was set for a hearing on 4 April 2013

It was mentioned to the Judge at this hearing that the information at hand and further information to be provided by us may NOT necessary for a full hearing as prosecution could come to a decision based on the evidence we would collected

As mentioned above we had a call on Friday to say we have a hearing on 31st Jan 2013

My son has taken time of work to attend court
W have all documents required as proof

I had a call from abroad as the advisor said he could not contact my son on the phone ....poor signal ??? So he phoned me to say he does not need to attend... As the barrister is on another case and he wouldn't not make it time, and he would get another hearing date......

We have never received written confirmation regarding any hearings to date ... Only told on the phone

My thinking in layman terms tells me if the is a hearing listed tomorrow
And my son is not there ...... It would go against him

I just want to know from you if any contents of above sound incosistent, and I am unduly worried for no good reason

Can we search anywhere to find out if a hearing for my son is listed tomorrow??

If we find there is a hearing then my son I think should and would attend!!!!!

If Not please advice us what would be the best option taking all above into consideration.

Expert:  Jo C. replied 3 years ago.
If this is a Magistrates Court hearing then the lists won't be on the internet. if its in the crown court then it can be searched here

I'm afraid I think it is unlikely that the trial itself has been moved forward by some three months. Life just isn't like that.

I will be delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Sir FACT it was moved to 4 th April 2013. At the last hearing 16 Nov 2012 for us to have all information... It is Crown court..... I will log on to this website to see if my sons case is listed at the crown court tomorrow 31st Jan 2013...... Best info so farPlease try to answer my question in the order asked.... I would be most great full
Customer: replied 3 years ago.
Please reply to my question
Expert:  Jo C. replied 3 years ago.
Oh yes, I'm sure it was probably moved but I think you will find its just for a preliminary hearing.

I'm not sure what you mean about answering in order? Might help if you summarise the questions that you have.
Customer: replied 3 years ago.
Sir is it normal for this hearing to be adjourned, at such short notice like today (30 jan )
Hearing was 31st Jan
Expert:  Jo C. replied 3 years ago.
Hearings can be adjourned for lots of reasons at very short notice.

If the crown have applied to break the fixture then probably they have witness problems.

Customer: replied 3 years ago.
The reason We have been given is our Barrister is on another case and would be late getting back...
Expert:  Jo C. replied 3 years ago.
It may have been a defence application to break.

If its just counsel unavailability then I'm surprised the court agreed as somebody else in chambers could have done his returns but I suppose I haven't had vision of the specifics of this case.
Customer: replied 3 years ago.
This is exactly how I feel, somebody could have taken case over

Now I am Not sure whether we have been provided with correct information
This is my reason to check if there any hearing on the 31st Jan in the first place.....

The website you gave me doesn't have this listing

I tried the local crown court website ..but this list from 10 am
I was hoping to find know ???

Expert:  Jo C. replied 3 years ago.
Which court is if?
Customer: replied 3 years ago.
Bristol crown
Expert:  Jo C. replied 3 years ago.
You will find the listings here

And there doesn't seem to be anything in for POCA in the am.

You can always call the court at 9 am and ask.
Customer: replied 3 years ago.
Sir at last I have found his name on the site you have given me

Listed for am


For mention and to fix
Time xxx No.xxxxxxxxx
Reserved. Xxxxxxxx name of Judge

Please tell me what this means
Thanks for

Should he attend......
Been told as mentioned earlier he does not need to ??????
Expert:  Jo C. replied 3 years ago.
Mention to fix is just a preliminary hearing but unless it says that he's excused he should attend.
Customer: replied 3 years ago.


It does not say he is excused, but on the above other cases it does state parties to attend??


perhaps you can have a look at Bristol list, as the only last mentioned case in AM .... please

Expert:  Jo C. replied 3 years ago.
Thank you for this information. I am just on my way to Court and will get back to you as soon as I arrive. Thank you for your patience.
Expert:  Jo C. replied 3 years ago.
I can't open that link as I'm on the IPAD now but if it doesn't say he is excused then he should attend.

Normally a defendant or an interested party in the case of POCA would attend a mention to fix.

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