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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I am at court with my co accused who is also my brother In

Customer Question

I am at court with my co accused who is also my brother In law, since our police stop I am going threw with a divorce my wife is my co accused sister, we r on four accounts of poses ion intent to supply class a n b drugs, posesion with intent to supply cocane, possession with intent to supply ecstasy, posesion with intent to supply canabis, posesion with intent to supply methedrine. He was caught with a phone with a message to supply crack cocain, 600 cash and 4 grams of cocain. he has been to jail for 9 months for selling crack cocane previously. I have never been in trouble with the law ever for drugs, I had 10 bags of canabis class b which was 14g, 7bgs of methedrone class b which was 5g and also two bags of ectacy class a which is worth 6 pounds.
Cps hav convicted me of 4 different charges with intent to supply, as wer my co accused only getting one charge of 1 charge of posesion of cocain with intent to supply class a drug.
On the police station arrest cid hav turned up doubt my credibility. On our plea date he pleaded guilty to 1 charge of posesion of cocain with intent to supply, I had to plead not guilty to 4 diff charges. Basically he is only getting done for wats in his pocket only, and I am getting done for wats in my pocket n his. After our plea dates my solicitor who I hav known for more than 10 years has asked me to get another solicitor as there has been a conflict of interest. He has asked my co accused to stay with him. We got arrested on the 14/02/2015, then we got bail and went back to police station to answer bail, we went to magistrates and both of us pleaded not guilty, on his charge sheet we both had the same 4 charges, but on our crown court plea date on the 06/07/2015 he only pleaded guilty to 1 charge of cocain with posesion with intent to supply, bearing in mind he has been already been convicted of crack cocain intent to supply, my barrister which belongs to the same firm has me pleaded not guilty to cocain posesion with intent to supply, but guilty to posesion for cannibas with intent to supply, guilty to posesion of methedrone not guilty to intent supply of methedrone and the same for the ectacy. Then on the 14/08/2015 my solicitor tells me there has been a conflict of interest. My next date at crown for trial is on the 16/11/2015, I also hav a new solicitor recomended by my dad but I hav not received much feedback off him. Can you please explain to me what is going on as I am getting very nervous. Please help me sir or madam, I feel as if my co accused and solicitors have impilcated my situation as my new solicitor is saying why hav I pleaded guilty to intent to supply cannabis? When it was for my personal use. I feel as my co accused has set me up yo save his own skin.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year 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 1 year ago.
why would my old barrister make me suggest to plead guilty to possession to supply cannbis, when my new solicitor is saying i should not hav!
Why would my old solicitor dat I hav been with over ten years decide to tell me so late in the case ther been a conflict of interest and I should get a new solicitor?
A feel as if my co accused is a Ci? And has broke a deal with the proscution to save his own skin as I am divorcing his sister which is my X wife!
Expert:  Jo C. replied 1 year ago.
Well, there could be lots of reasons.
It could have been the wrong advice. It could have been the right advice and the advice you are receiving now is wrong.
In relation to the conflict, they might not have considered it before. It might be that the position has changed. Instructions do change.
Whether it was delayed or not, there is clearly a conflict here so a transfer is the right thing to do.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
A hav been told by friends he might have given a sworn testimony also known as affidavit, a don't knw what dat is, my friends are telling me to tell the solicitor everything and my family think a shouldn't because I am paranoid.
Expert:  Jo C. replied 1 year ago.
We don't use affidavits in the criminal courts. We never have.
I'm not sure what you mean by 'dat'?
Customer: replied 1 year ago.
A feel as if my co accused has set me up and is confidential informant?
Expert:  Jo C. replied 1 year ago.
That might be right. Wouldn't be the first time.
You need to think carefully before running a cut throat defence though. It rarely ends well. The inevitable consequence is that they will start blaming you and then things can become incredibly nasty.
Customer: replied 1 year ago.
Shall I just plead guilty and try to get damage limitation, r go to trial?
Customer: replied 1 year ago.
A mean a hav known dogs to carry more drugs than dat?
Expert:  Jo C. replied 1 year ago.
I'm not really in a position to say remotely. I haven't had vision of the evidence. These are serious offences that are generally worth fighting unless the evidence is overwhelming.
You need to take the advice of your counsel who has had full vision.
Customer: replied 1 year ago.
When I had the same solicitor as my co accused he advised me to plead guilty to intent to supply for cannabis which I didn't really want to do now that conflict of interest has been admitted can I not change my olea?
Customer: replied 1 year ago.
Change my plea I meant
Expert:  Jo C. replied 1 year ago.
If you have pleaded already then that does make things harder.
You can try to vacate it but it is difficult to do especially if you did so upon legal advice.
Customer: replied 1 year ago.
My old barrister gas got him 25percent credit, he is looking at a two year suspended, even tho he previously been done for dealing crack cocain. Won't the judge see what is happening I just want justice to b done.
Customer: replied 1 year ago.
Will a get to view all da evidence 21 days before trial date?
Expert:  Jo C. replied 1 year ago.
What do you by 'da'?
Customer: replied 1 year ago.
The = (da) sorry
Expert:  Jo C. replied 1 year ago.
I see.
Not necessarily. With PWITs offences you should never assume they have disclosed everything. Obviously there are very minor PWITs and very serious onces. At the higher end of the scale though the evidence could always be evolving.
They will disclose something upon the date set down for initial disclosure but whether the evidence will change is another matter
That said, the police don't have huge resources at the moment so the chances they will have done everything are minimal.
Customer: replied 1 year ago.
What is pwit?
Expert:  Jo C. replied 1 year ago.
Possession with intent. Or being concerned. All those offences involve complicated evidence that is always evolving.
I'm happy to continue with this but please rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Me being married and in process of a divorce to my co accused sister makes difference to his sworn testimony? Things changed with my co accused since I hav told him I am divorcing his sister.
Customer: replied 1 year ago.
Would this make a diffeance to his testimony.
Customer: replied 1 year ago.
How do I rate you
Expert:  Jo C. replied 1 year ago.
It depends. If he has said something different then that is something that can be used against him.
But it is only worth doing that if it helps you rather than hurts him. There is no point in attacking him unless there is a benefit in it for you.
Customer: replied 1 year ago.
I hav started rehab and I am on depression tablets while am going threw with this divorce, do think this positive thing for court?
Customer: replied 1 year ago.
Rehab for drink n drugs.
Expert:  Jo C. replied 1 year ago.
Yes, it is but these are serious offences
Customer: replied 1 year ago.
What do think is the most I can get for these offences?
Customer: replied 1 year ago.
It is my 1st time, n there r minimum drugs.
Customer: replied 1 year ago.
No phone no money
Customer: replied 1 year ago.
??? Jo
Expert:  Jo C. replied 1 year ago.
It's not really possible to tell from these facts but I'm afraid it is probably going to be many years custody. Unless it gets pleaded down to a lesser offence.
Customer: replied 1 year ago.
I hav also been offered a full time job?
Expert:  Jo C. replied 1 year ago.
I'm sorry but I couldn't rule out custody. This is pairs and they seem to be alleging that you are a street dealer. You might be lucky but I couldn't guarantee it.
Customer: replied 1 year ago.
Wats is the most I'd b expecting from your professional knowledge?
Customer: replied 1 year ago.
It can't b 5 years.
Expert:  Jo C. replied 1 year ago.
I couldn't say on these facts. But yes you can get more than five years for pwits. Whether you will depends on the volume and class of the drugs.
Expert:  Jo C. replied 1 year ago.
And your role but they will be saying street dealing so it is cat 3 and at least one class a drug.
Customer: replied 1 year ago.
What's the maximum I can get? And minimum?
Customer: replied 1 year ago.
This was joint venture, it's not making any sense how he is only getting dun for wats in his pocket only and I am getting dun for what's in his poket and mine!
Expert:  Jo C. replied 1 year ago.
I can't tell you that because I don't have the information I mentioned above.
Unless you can tell me what you have pleaded to I can't tell you the sentencing range Im afraid
If you have any other questions not covered above I will be able to look at those in the morning probably at about 9.30 or thereabouts.
Customer: replied 1 year ago.
Not guilty to posesion of cocain with intent to supply.
Guilty to possession of canbis guilty with intent to supply.
Guilty to possession of methdrone not guilty with intent to supply.
Guilty to possession of ectacy not guilty with intent to supply
Customer: replied 1 year ago.
Plz jo jst reply to this.
Customer: replied 1 year ago.
R u still on line jo????
Expert:  Jo C. replied 1 year ago.
I was offline as I said I would be until the morning.
What I need to know is the amounts, class of drugs and what they say you have done.
Customer: replied 1 year ago.
Cocain a class 2grams 4 seperate bags, 600 cash, mobile phone on my co accused.
A hav got caught with ectacy class A, only 6 pounds worth,
Canbis class B 14grams worth,
Methadone class B 5grams worth,
It was valentines day.
Customer: replied 1 year ago.
Joint venture with my co accused we wer going around selling it.
Expert:  Jo C. replied 1 year ago.
How much ecstasy?
Customer: replied 1 year ago.
Joe???
Customer: replied 1 year ago.
Jo???
Expert:  Jo C. replied 1 year ago.
Yes, ? I'm here.
Customer: replied 1 year ago.
Did u get the details
Expert:  Jo C. replied 1 year ago.
Not after my last question?
Customer: replied 1 year ago.
Cocain a class 2grams 4 seperate bags, 600 cash, mobile phone on my co accused.
A hav got caught with ectacy class A, only 6 pounds worth,
Canbis class B 14grams worth,
Methadone class B 5grams worth,
It was valentines day.
I sent u thus b4
Customer: replied 1 year ago.
Joint venture we wer selling it
Expert:  Jo C. replied 1 year ago.
Yes, what I need to know is much many ecstasy pills?
Customer: replied 1 year ago.
Hi jo are you still there
Customer: replied 1 year ago.
Sorry it's MDMA only 6 pounds worth
Expert:  Jo C. replied 1 year ago.
Can I just confirm, are you saying you have pleaded to simple possession not PWITS?
Customer: replied 1 year ago.
Jo???
Expert:  Jo C. replied 1 year ago.
Yes?
I am not sure if you are seeing my replies?
I cannot tell you what sentence you face unless you give me this information.
Customer: replied 1 year ago.
Jo are u online?
Customer: replied 1 year ago.
Simple possession to mdma
Simple possession to methdrone
Pwits to canibas
Not guilty to pwits cocaine
Expert:  Jo C. replied 1 year ago.
Yes.
Customer: replied 1 year ago.
Plz I hav been waiting for your reply
Expert:  Jo C. replied 1 year ago.
What I need to know is do the Crown accept those pleas?
Or is there a trial ?
Customer: replied 1 year ago.
Trial
Customer: replied 1 year ago.
Trial, but they might hav the stomach for it wen I turn up for crown, and give early plea on the day
Customer: replied 1 year ago.
Jo???
Expert:  Jo C. replied 1 year ago.
Ok.
They are saying you are a dealer and I imagine your defence is personal use.
These aren't the highest weights but I think they are saying that you are a street dealer which would place you in category three immediately.
The class A drugs are the issue. Street dealing of class A would lead to a custodial sentence unless the Judge is prepared to depart from the sentencing guidelines. Class B is less serious.
If you are acquitted and sentenced for simple possession then it would be a fine or a community order.
You will need to account for the money. £600 is not a high amount but it is more than most people carry around with them.
Customer: replied 1 year ago.
The money they found was on my co accused.
Customer: replied 1 year ago.
It's not mine
Expert:  Jo C. replied 1 year ago.
Were you found with him?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
I think they are probably arguing that you were acting together then although their charges are sloppy if they want to argue joint enterprise.
they might put that right.
Customer: replied 1 year ago.
My new barrister wants to see me on the trial date, instead of having a few appointment before, if u were my barister wouldn't u want to see me? I feel like they arnt tryin there best for me even after iv changed my old solicitor who admitted ther was a conflict of intrest
Expert:  Jo C. replied 1 year ago.
I'm not sure there is really a need for a conference. It is a simple enough case. The issue is whether you were going to supply.
There aren't lost of paper trails to examine and your instructions are simple enough to take.
The only thing that could be complicating is the fact that there is potential for this to turn cut throat but that isn't really something that can be resolved by a conference. It can't be addressed until it happens.
Customer: replied 1 year ago.
So what are my best option?
Expert:  Jo C. replied 1 year ago.
I'm not really in a position to say remotely. I haven't had vision of the evidence. These are serious offences that are generally worth fighting unless the evidence is overwhelming.
You need to take the advice of your counsel who has had full vision
Customer: replied 1 year ago.
I'm assuming wen the other solicitors disclosure all the evidence, if my barrister Thoght form the evidence disclosed ther was sumthing serious he would definitely let me knw before the trial date.
Expert:  Jo C. replied 1 year ago.
I'm really sorry but I can't agree with that. There is no reason really to make contact with lay clients to tell them the case is a serious one which is generally a fact already known because of the charge.
Not much ever really happens before the date of trial if a person is pleading not guilty.
Customer: replied 1 year ago.
Would my barrister have a good idea what I'm expecting
Expert:  Jo C. replied 1 year ago.
Yes, by the time of the trial it would be possible to predict sentence. That is the purpose of sentencing guidelines.
Customer: replied 1 year ago.
Thank you il be in touch if I think of any thing else
Customer: replied 1 year ago.
What are sentence guidelines for my offence?
Expert:  Jo C. replied 1 year ago.
Street dealing of class A would lead to a custodial sentence unless the Judge is prepared to depart from the sentencing guidelines. Class B is less serious.