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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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My husband has recently been sent to prison regarding theft

Customer Question

Hi my husband has recently been sent to prison regarding theft from his nan, my solicitor has finally been given the chance to speak to nan regarding the situation so we can appeal, she is living in a care home, our solicitor emailed the care home with a view to make an appointment yet to be told nan doesn't want to speak, but in the meantime my son has been to see nan and she told him that she will speak, then my solicitor emailed again to say about conflicting stories to then be told again she doesn't want to speak, is there any hope!!!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Was he convicted at the Magistrates or the Crown Court?
Customer: replied 1 year ago.
Crown court, he was told to plead guilty to drop the charges against me as we were both arrested!!
Expert:  Jo C. replied 1 year ago.
OK.On what basis were you hoping to appeal then?
Expert:  Jo C. replied 1 year ago.
If he has pleaded guilty then it becomes almost impossible to mount an appeal. You are essentially appealing from yourself. The only source of appeal is that it was not an equivocal plea and then they would just reinstate the trial and possibly the charges against you. That would depend on whether there has been a formal not guilty verdict recorded against you. That would be common if he has been sentenced.
Customer: replied 1 year ago.
To appeal against the length of sentence, the nan had previously told police she wanted to drop all charges, but that was never documented anywhere that's why our solicitor wants to speak to her
Expert:  Jo C. replied 1 year ago.
To appeal anyway you would have to show that there is evidence which renders the conviction unsafe.If you want to appeal the length of the sentence then you have to show it is manifestly excessive.The evidence of his grandmother is a non issue from the point of view of the length of sentence and neither is her wish to withdraw I'm afraid.
Customer: replied 1 year ago.
Okay thank you anyway
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
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