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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been separated from my wife for several years, although

Customer Question

I have been separated from my wife for several years, although we have remained in contact: sharing holidays, meals and sleeping together. In March, I was arrested for serious allegations of Attempting Violence to Secure Entry into my wife's home & Raping her (same time/location).. Police attended her home at the time and took statements from my wife.. Police came to my own residence several hrs later and arrested me for the above after smashing down the door to my apartment. No DNA requested by police and i gave a full account during interview.. Both allegations withdrawn by police several weeks later.. HOWEVER, having been arrested and held in custody for the above and released on bail the following day. I called my wife (apparently three times) when i left the police station in SHOCK from the allegations and detention - My wife answered the phone once, it was a short call that lasted a few seconds when i asked "what have you done", she hung up.. this call possible lasted two seconds ! I then went to see my wife's mother and informed her of my arrest for Rape, the following day i went to see my wife's Paster at church to inform him of the complaint (he was jointly supporting us during separation) a few days later i moved out of the county to have a fresh start but returned to an open air christian concert with friends in my wife's town - my wife was there also with some other friends, i did not go within 30 feet of my wife at the time. Several days later she made a further complaint that the above incidents were harassment. I was re arrested & charged with Harassment... After varied hearings at the magistrates and we are now over six months later, waiting for a half day trial on the 2nd oct at the Mag's court. My solicitor is not concerned by most of the Harassment complaint (going to see my wife's mother, her Paster and attending an open air concert where there were 3,000 people) whilst on bail BUT he expects me to plead guilty for the three phones calls to my wife when i left the police stn following my first arrest and bail for Rape/Violence to Secure Entry. I do not accept that that i was guilty of Harassment under these circumstance.. In between, this Police advised my wife to seek a Non Molestation Order - i have been to the County Court twice during the bail period to contest the Order and the judge agreed to postpone to a full hearing until after the Crim trial for Harassment - During the second hearing at County Court, my wife informed the the judge that she did not tell the police that i had Raped her.. In fact her original statement and subsequent statement to the County Court for Non Molest makes no mention of any allegation of Rape being made (i have made Complaints to the Police about my arrest for the original alleged offenses - these will be investigated once my Harassment trial and any subsequent appeal is heard at CC. I wish to appoint a Barrister because i believe my Solicitor is not that interested in giving me the best of his time for an Harassment hearing (i'm paying him for his time !), the trial at the mag's is on the 2nd Oct.. Do i have time to locate and instruct a Barrister for this hearing? what can a barrister do for me that my solicitor appears not willing to ?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

You have 2 sets of proceedings - one in the Magistrates Court and one in the County Court - am I right?

JACUSTOMER-0kzi717k- :

Yes.

Alex Watts : I see you want to instruct a barrister, is this indepedant of the solicitor please?