How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

hi my name is ***** ***** son has just been sent down for 4

Resolved Question:

hi my name is ***** ***** son has just been sent down for 4 years 3 months and he was not advised properly on the Pre hearing his barrister was falling asleep and on the trial day the barrister spoke to my son for 10 mins when I asked the barrister a question he said that would on been done on Monday Pre hearing every question I asked he reply was done on Monday but he never put any of the points across my son was sent down on friday he conplained to his solicitor on tuesday that the barrister wasn't doing his job properly the solicitor said you can always change my son asked the solicitor if he could be there on Friday to help with the barrister as he was not doing his job properly the solicitor did not turn up for the case my son's barrister said to my son can't talk to you at the moment as I have to see someone else the person in question barrister didn't turn up so my son's barrister went to the aid and just left my son to do it all on his own my son is 25 learning difficulty's in reading and writing he was hung out to dry

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

hi well my son was not advised properly by the barrister on his trial day or on the pre sentance all the barrister did was sleep on pre sentance and on the trial day he said to my son can't talk at the moment as I have some one else to see he spoke to my son for 10 mins ;told him nothing really my son went into the court nowing nothing if he had done his job properly my son might of got a lesser sentance where do i stand on helping my son what can I do to complain and is the barrister in the wrong for not doing his job

Expert:  Jo C. replied 2 years ago.
What is the nature of the incorrect advice?
Customer: replied 2 years ago.

at the pre hearing his barrister never stood up and said anything about my son changing his ways drug free for 4 months doing weekly drug tests and passing them he put himself on tag nothing was said about his past life reading writing homeless loosing access to his child taking an overdose he was advised on the first time in court to plead not guilty he was going to plead guilty his solicitor never really advised him on anything

Expert:  Jo C. replied 2 years ago.
Ok.
So what is the nature of the incorrect advice?
What was he advised that was wrong?
Customer: replied 2 years ago.

the barrister not acting in the best intrest for my son not doing what he is paid to do

Expert:  Jo C. replied 2 years ago.
So the complaint is that he didn't mention certain things in mitigation?
Not that he was given incorrect advice?
It is quite important.
Customer: replied 2 years ago.

thank you

Expert:  Jo C. replied 2 years ago.
If the complaint is limited to those failings then that does change things.
If you plea that the barrister who attended for the prelim kept failing asleep then that is obviously not ideal but it wouldn't make any difference to the outcome.
Solicitors will very rarely attend court. They are not paid to do so. It has been years since I have been attended by a solicitor. I am lucky if I get a solicitor's clerk now.
If you mean that your son was sentenced without representation then that may or may not have made a difference. To be wholly honest, he must have agreed to that. Judges don't sentence people in absence because their barrister is cross courted.
If the sentence is too long then it can be appealed. There is one ground of appeal and that is that it is 'manifestly excessive'. That does, of course, require more than it just being a little heavy. Sentences are sometimes manifestly excessive and they do get reduced on appeal.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you