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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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There! I was sentenced to 5 months imprisonment in February

Customer Question

hi there! I was sentenced to 5 months imprisonment in February last year regarding a breach of the peace.I strongly maintained my innocence throughout.Due to a severe head injury and being hospitalised.I notified my brief that I could not attend court.As I live on an island and that the court is 70 miles away on the Scottish mainland. He said he would take care of the situation.l heard nothing further until two months later when the police arrived at my door with a warrant,threatening to break it down.They stated I had missed a court date on the 15 January,which was absolute total nonsense.l was taken to court,when in court the duty solicitor asked why I didn't attend court. I explained I didn't receive any date whatever.I was then taken from the holding cells and back into the courtroom. During this time, the sheriff asked the duty solicitor repeatedly why I did not attend court.too my utter amazement he wouldn't explain what I had told him.By this point l was becoming very suspicious.I subsequently decided to intervene but was told to reman silent on several occasions.Due to the duty solicitor,I was remanded in custody for a month.While inside my solicitor did not visit or send me any correspondence for 3 weeks until I wrote to him demanding that he explain(What the he'll is going on)He eventually visited and kept insisting that I plead guilty to the charge And stated I would get 12 months if i didn't(I refused)Then 2 days before my trial he informs me, he will not be representing me,and that someone else would. That someone else turned out to be(Yes you guessed it,That duty solicitor) I explained to the court I didn't want him to be representing me,and that I was disappointed in my solicitors conduct throught,and that I was dismissing him immediately. The sheriff then stated if I did not more or less let the duty solicitor represent me, i would be representing myself on the day.(Impossible) Due to my intake of medication and not being legally savvy.I eventually gave in after constant bullying and intimidation i felt my options were completely severed. Once sentenced I phoned the solicitor to submit an application for an appeal against sentence and conviction due to unfair shenanigans (by that courthouse)He was very willing to write on that occasion with great speed,notifying me that there was no basis for an appeal against sentence or conviction given the actual sentence.I feel very annoyed and let down by the justice system and all involved. And feel that my human rights have been very much violated. Thank you for taking the time in reading,regarding my concerns. Charles E Mceachern.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
There is nothing you can now do about your conviction I'm afraid. However, you can complain about the two solicitors who appear to have provided you with a really bad service. You should get in touch with the Scottish Legal Complaints Commission. Generally you have to make a complaint within 12 months of the solicitor ceasing to act for you but on the basis of your health and imprisonment they may take that into account. I hope that helps. Please leave a positive rating so that I am credited for my time.