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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Do you answer questions on criminal matters

Customer Question

Do you answer questions on criminal matters
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

My husband has been convicted on historial child abuse offences with no real evidence to support the allegations we have been told that he should appeal this himself which we do not understand how to do and have paid substantial amount of money already with no real help on how to proceed

Expert:  Ash replied 2 years ago.
Were you convicted by jury or magistrates court?
Customer: replied 2 years ago.
By Jury
Expert:  Ash replied 2 years ago.
Ok. On what basis do you want to appeal? Was it by majority?
Customer: replied 2 years ago.
On the basis that the police did not investigate the case properly. Did not interview persons stated in the complaintant's statement. The solicitor did not use evidence provided nor subpoena vital witnesses.
Expert:  Ash replied 2 years ago.
If the Police didnt investigate it properly and summons a witness to Court, would not the case for the Police be weaker? In any event as a Defendant your own Barrister would have been able to summons any witness to help you.
Sadly if you have been convicted by a jury then you can only appeal if there has been an error in law or procedure. You can not appeal just because you do not like the decision. If matters have been brought to the attention of a Judge which makes your conviction unsafe then you may be able to appeal.
But you need to show it would have made a real difference to the outcome. As I have said, the fact they did not interview people in someone's statement does not in itself make the conviction unsafe and your Barrister could have called those people as witnesses.
If your Solicitor did not do what he should have, you may be able to sue him.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex