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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My 20 yr old son has been on remand since january ABH threats

Customer Question

My 20 yr old son has been on remand since january
ABH
threats to kill
false imprisonment
pleaded not guilty up to trial when was persuaded to go guilty and the false imprisonment was dropped . He now thinks he should change plea back to not guilty as the threat was a throw away in heat of argument . there are no witnesses and victim failed to attend court on first day trial .
question
can he change plea up for sentence july 8th
as he has been on remand for 7 months could he get bail before trial
if he stays with guilty plea is he likely to get community /probation as hes already served equivalent of 14 months he changed plea as just wanted to get out .
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.
There is an application he can make to vacate his guilty plea but it would be irresponsible of me to tell you there is any realistic chance of it being allowed. It is really difficult to get a plea vacated. He cannot just change his plea because he has taken the view that it was a bad idea. Usually if it was entered on advice then it is near impossible to get it vacated.
I think probably that the deal was that he would plead to some offences and not others in exchange for those others being dropped which obviously does reduce the risks.
An application for bail can be made. Whether it is worth it depends on the sentence.
You don't give me details above about the nature of the offence? If this is a genuine threats to kills rather than just a S5 public order then a community order is unlikely I'm afraid especially if he has any relevant previous.
If you can give me details about the offence I might be able to tell you more.
Jo