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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter has just been found guilty of common assault against

Resolved Question:

My daughter has just been found guilty of common assault against her husband and due for sentencing on 18.12.14 and would wish to appeal. We would wish to employ the services of a Barrister to present her appeal. Do you know of any good Barristers and also if for any reason the appeal goes against her would she be given a stiffer penalty
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did she enter a guilty plea or was found guilty?
Alex Watts : On what basis does she want to appeal?
Customer:

Se entered a plea of not guilty. She would wishes to appeal on the basis that she was acting in self defence and finds the sentence harsh. Further she is studying Forensic Science and feels this could seriously jeopardise her future if accepting the guilty verdict were to remain on her file.

Alex Watts : Did she not put forward self defence? Was she represented ?
Customer:

She was represented by a Legal Aid Lawyer (who in my view was not as challenging as he could have been) as she has no income, being a student and yes I believe she entered a plea of self defence

Customer:

Alex

Customer:

Alex, could you respond to my previous answer

Alex Watts : Sorry for the delay, signal reception.
Alex Watts : You can't appeal until sentence. Then you can appeal to the crown court.
Alex Watts : The trial will be reheard and if guilty re sentenced. Yes the court can Impose a harsher sentence.
Alex Watts : If you want a barrister you can have a public access one. I can't recommend one but a list can be found here
Alex Watts : http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks for that. Why therefore are we being advised that she can appeal now but needs to do so within 21 days of the hearing in the Magistrates Court which found her guilty, if as you say she can only appeal once sentenced

Alex Watts : You could potentially lodge an appeal now but usual to wait until sentence.
Alex Watts : Does that help?
Customer:

Somewhat.

Alex Watts : Ok. Can I clarify anything else
Customer:

The Prosecutor has asked for her to be fined. Should we decide against appealing how long would this remain on her records

Alex Watts : It won't show on a crb or dbs check once spent which is after one year,
Alex Watts : So it remains live for a year.
Customer:

Many thanks

Alex Watts : Can I clarify anything else for you?
Customer:

No thank you for your time and advice

Alex Watts : Can I help with anything else?
Customer:

No that's it

Alex Watts : great. If I could ask you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Alex Watts : Have a great weekend
Customer:

Will do - rate you that is

Alex Watts : thanks, ***** ***** good weekend hopefully ūüėÄ
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