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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience:  Solicitor with over 15 years experience.
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My wife had falsely reported her self inflicted injuries to

Customer Question

My wife had falsely reported her self inflicted injuries to the police and her gp, it was planned to create evidence secretly to get in trouble with the police because I refused to her controlling aggressive behaviour.

Police had arrested me for common assault I was recently charged with three counts of assault by beating am bailed until the court date at a Specialist Domestic Violence Court.

I would like to know my options?

legally funded criminal solicitor isn't competent and I want to change to another firm. I am prepared to pay privately to fight this.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If legal aid has been granted then you can apply to get it transferred to another firm if the solicitor has done something wrong or not done something important. If it has not been granted yet {( and it can take some time) then yu could simply see a new solicitor and apply again.

Customer: My Solictor is rude doesn't explain things properly.
LondonlawyerJ :

OK. is there any chance of him improving? Do you have legal aid? Has there been a court hearing yet?

Customer: She says that it's I am demanding a level of service that theyare not obliged to give under our contract with the Legal Aid Agency. And I am not paying for us to represent me the Legal Aid Agency is paying have has received more than is required by them
Customer: Court hearing next week
Customer: I get a fine does that mean criminal record
LondonlawyerJ :

what have you asked for that she has refused?

Customer: When I question her response. And ask to questions
LondonlawyerJ :

But what specifically? Is that the 1st hearing next week or the trial?

Customer: Next week is the first hearing. What the 1st hearing will be about. Will the police send me evidence they got against me
LondonlawyerJ :

At the first hearing the CPS will serve evidence and the court will set directions leading up to trial. There is still time for you to see another solicitor to see if they are willing to apply for a transfer of legal aid or to take your case on on a private basis. I iwll be travelling to court fro the next 2 hours or so but will reply later if you have further questions.

LondonlawyerJ :

At the first hearing you will enter your plea -presumably not guilty- evidence will be served and the case will be adjourned unitl a trial date. Your wife will not be present at the first hearing.

Customer:

so the police will not realise the evidence against them me until the trial

LondonlawyerJ :

The police will have a statement from her and some photos/possibly some evidence from a medical practitioner. They will also have notes from the officers who arrested you and from your interview. This will all be given to you or your lawyers at the first hearing.

LondonlawyerJ :

You will be given a copy by your lawyer and have a meeting with him where you can tell him what happened and give your comments on the prosecution evidence.

LondonlawyerJ :

There are rules governing disclosure of other material that the prosecution have that they do not want to use against you but which may assist your case or harm the prosecution case. This should all be dealt with in advance of the trial.

LondonlawyerJ :

As far as your specific question about a fine is concerned. A fine is a form of sentence that follows a conviction so if you are fined then yes you will have a criminal conviction.

Customer:

would I get a better good quality representation if i go privately rather than legally funded.

LondonlawyerJ :

You would not get a better lawyer. All the best criminal lawyers do legal aid work (and private work). You might be able to demand a very high level of attention if you paid enough but your solicitor has a duty to properly prepare your case and to represent you vigorously in court irrespective of whether the case is privately funded or legally aided.

LondonlawyerJ :

I will be away from this forum for 2-3 hours now but if you have further followup questions please ask and I will answer later.

Customer:

I don't know whether i should plea guilty or not guilty at the first hearing, isn't the solicitor meant to advice me.


would it be possible to start the case funded privately then once the trial progress to apply for legal aid.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Expert:  LondonlawyerJ replied 3 years ago.
Yes your solicitor should advise you on plea but the advice will be based on what you tell her. It is not usually possible to switch from private to legal aid in the way you suggest.

Thankyou for the positive rating.
Customer: replied 3 years ago.
Do I have the right to complaint against a legal aid funded Solictor
Expert:  LondonlawyerJ replied 3 years ago.
Yes. They will have a complaints policy. All solicitors have to have one. Details should have been provided in the "client care letter" you should have received when you first instructed them. If you ask to use the complaints policy you will be threatening quite a bit of admin for the solicitor which may well lead to an improvement.
Customer: replied 3 years ago.
When complaining they sometimes say it's not reasonable the complaint your not paying our fees we are obliged under legal aid to give limited service.
Expert:  LondonlawyerJ replied 3 years ago.
That is appalling, the standard of care you receive should be high. Legal aid is not a limited service, it is all reasonable steps necessary to defend you. It sounds like should consider transferring legal aid to a new firm.

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