I have been accused by my ex wife of raping her. Have been bailed since December 2013 on 4 occasions now till next year.
Was informed by my solicitor reason for this is CPS still to make a decision and have asked the police to make further enquiries ..........but they have had 9 months so what further enquiries can they make? Or is it just to make sure all is in order or could it be police have not really given the papers to the CPS?
I have solicitor but on legal aid then I enquired and found a reputable company and well known Barrister who said he wants to review my papers do you think its advisable to give him my papers that my current solicitor holds? Or should I just wait till the bail date which is next year
I am not worried as I have not done it anyway from that point of view I am but occasionally it plays on my mind. I try to pray and gym which assists me greatly.
Yes you are right in stating that the other firm is private and I have told him my situation but not my real name as I was not sure of switching and, I just don't trust anyone.
I was advised by friend who is an advocate to leave it as it stands.
Also the fact they are taking this long does that mean they will charge me for certain?
Yes unfortunately we live in a society that where there is false allegations. I am under legal aid so I will just stick to this firm and I do not want to put pressure on the CPS its better they conclude within their on time limit.
Also at this stage there is nothing the private law firm or legal aid firm can do even if there was judicial review am I right in saying this.
I have also previously asked other law firms and solicitors for advice do you think they would report me or inform the CPS and police about my calls to them?
Also can you please advise even if he reviewed the papers and the CPS decide to charge can the private law firm challenge that decision before trail?
So at the moment I cannot have contact with my Children which is a pain in itself anyway however I have to be patient and hopefully the truth will come out.
The children are caught up in this and I have just had my son sending me messages via social network and also getting in touch with my brothers son through instegram. I am unable to reply but have passed this on to the solicitor as he is threatening to harm himself if he does not see me.
He is 16 and willing to testify against the mother anyway I think that is where the delay is prosecuting me the children's and her statements which are being contradicted.
Lets move on to February for bail date by that time a decision will be made fingers crossed.
I have all that information of the girl wanting to have overnight stays with me and my new wife so that is not a problem and provided them to my solicitor who had it and asked the officer if they wanted a copy of it.
The reason she wanted to have further contact / overnight stays with me was because I used to assist her greatly with her education and she missed me alot and wanted to spend equal time with both parents..........surely she cannot change what she said previously because it came from her heart and her education did improve as I used to take her Library on a weekly basis.
I thought it usually takes a month or so once I am charged with an offence for it to go to Magistrate court.
Hi Jo ,
They can come with that but once me and my ex got divorced she had the option to stay away from me from the false allegations which she is claiming me and her mother had divorced in 2006 and she wanted overnight stays in 2009.
However further down the line in 2013 she did state I was not supporting the family and was giving a payment of £40.00 per month and she did say she sees the mother as a victim in this divorce and the mother has come worse off financially.
At least the motive is known and thank god she said it in these reports and shows the child's anger and frustration financially .........and most importantly she was not ashamed or confused to say anything then she is a intelligent girl studying a degree of History nothing confusing then there.
Yes she is 19 now and 16 when she said all those financial aspects, studying degree in history so she is intelligent and extremely savvy but very close to her mum and my son is close to me and I had contact and she wanted to at one stage in 2012 wanted to live with me when she fell out with her mum over some arguments its all on record, but my new partner refused this as she never wanted her any problems as the mum wanted CRB to be done on new partner and she is a teacher by profession.
She is alleging the allege rape happened in 2008.
I know it weakens the argument. Thank god for the papers and interviews ..........I think its a case of amnesia with the daughter she forgot what she said and made the false allegations.
Also the good thing was I was living separate and it was their suggestion they she comes and stays with me I never ever influenced that decision her citing was she was having problems at home and wanted to be away from mum.
I hope it does not go to trail.........but if it does is a woman or man barrister better?
As my daughter has made this Allegations will I will shown a video prior to trail. A firm of solicitors have informed they will do that in due course and ask for my opinion on her allegations is this true that I will be shown a video in the next bail date?
(1)So you mean to say I will not see the ABE until I have been charged???
(2)Also will they not ask for my opinion on the allegations they have made???
(3) Once I have been asked my views will it not go to CPS for a charging decision?
(4) Or will be charging me first then the ABE being disclosed at trail
I have been charged unfortunately and have to appear at the magistrates court on 7th October.
I have my charge sheet and am using legal aid solicitors as you advised. Thereafter it will be crown court Trail will probably next year. 6 to 9 months.
Yes I know my current solicitor there is a chance that they could drop it once they have read our submission.
Also I regret that I should have asked that private law firm who were prepared to submit a file to the CPS before being charged and there would have been a chance of not being charged .....what's your view on this?
I need to concentrate on this matter now by quickly making appointments to solicitors to see which one would be best for me.
Would I be entitled to a QC? to represent me??
Off course we need permission because they could potentially come to the trail so nothing is said out of context and the only thing that is said is what the child and mother have said.
Take and thank you for your assistance.
Trying to rate you but cannot.