How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7089
Experience:  Solicitor
Type Your Law Question Here...
Jamie-Law is online now

Accusation of rape, solicitor incomptence, judge options

This answer was rated:

accusation of rape, solicitor incomptence, judge options
Customer: replied 1 year ago.
if a judge gave you two options and the two options are no viable can you refuse both options, the first option was to either represent myself in court or let the legal aid solicitor represent me as the trial is in two days time. I do not believe my solicitor is capable and he does not want to represent me any more, I can not represent myself so I asked for adjournment. I have chosen to let the legal aid solicitor to represent me as I thought i had to make one choice out of the two. the judge adjourn the trial by only two days. the legal aid solicitor said the old barrister who knew my case is no longer available and appointed a new barrister to study the case. he only have two days to do so before trial. I am not happy with that. I do not believe any one is cabable of understanding a representing a case successfully in this short time span. can I again email the court explaining this and ask for an adjournment with either the same solicitor or another?

Hello my name is ***** ***** I will help you.

When were you told of the trial date?

Customer: replied 1 year ago.
trial date in next whensday and the new barrister asked to meet me next tuesday at 3 pm
Customer: replied 1 year ago.
I am not comfortable discussing this over the phone just now if thats ok with you.
Customer: replied 1 year ago.
are you still happy to continue answering my question? or are you not interested any more?

When were you given the trial date? When were you made aware of it?

Customer: replied 1 year ago.
last Thursday, yes I was in court

When were you first given the trial date. That is what I need to know. Are you saying you have been given only a weeks notice? Were you given a trial window?

Customer: replied 1 year ago.
in this trial the judge refused to transfer legal aid certificate to another solicitor and ordered the current solicitor to defend me after adjourning the trial from this monday meaning tomorrow till whensday. I originally with the current solicitor stated that, the proffissional relationship have broken down
Customer: replied 1 year ago.
he gave me the two options as i explained before, defend myself or let the current solicitor defend me. I had to choose the second option.
Customer: replied 1 year ago.
I wish I said I choose neither as both are not viable what do you think?

When were you first aware of the trial date?

Customer: replied 1 year ago.
the trial on Monday was set about 8 months ago. and was adjouned till whensday, as me and my current solicitor said he is no longer wants to defend me. and the court held a mention hearing. at this hearing it is adjourn till whensday.

Ok. So you have another Barrister who is looking at the case?

Customer: replied 1 year ago.
appointed by the current solicitor only last only Friday at 5 PM. so she only have Monday and half of Tuesday to look at the case. I am meeting her at 3 PM on Tuesday, The trial on Whensday! can that short time given to the barrister to deal with the case be sufficient? I want a barrister to at least have three weeks to deal with the case. I do want a fair trial not a rushed trial.
Customer: replied 1 year ago.
I do not understand why it takes too long to answer a question. so far you do not seem to have understood the issue. anyhow it does not look like I am going to get much joy here. in all cases thanks for you time to answer.

Please bear in mind I am not just sat by the computer waiting for you. I have other work too. Has your current solicitor applied for an adjournment?

Customer: replied 1 year ago.
ok, I am with you, no he has not

Ok, is it normal a Barrister gets things on what must seem late - yes.

I myself have a fraud trial starting Tuesday and I don't have the papers yet. But this is quite normal, your solicitor will brief the barrister and you are having a conference.

Barristers are able to absorb lots of information quickly and come to grips with the material.

Your Solicitor can apply for an adjournment on your instructions if you wish. However if it is not granted the trial will go ahead. You can either use the representation you have, which I suggest you do, or go it alone.

If you are convicted you always have an option of an appeal.

But don't worry about the barrister getting the papers now, this is normal

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
thanks for your answer, yes, I do not feel comfortable with a serious case of this nature consedring a conviction could mean years in prison to be only defended in such a short time. regardless of how good a barrister is. I would like to adjourn it. what basis can i use to adjourn it? it is known now to the court that me and my solicitor do not get on. he did not want to defend me and I did not want him to defend me. can I now right to the court explaining that, I still unhappy with the representation and an adjournment is needed?
Customer: replied 1 year ago.
the court might not agree to adjourn. and if they did not. would i be entitled to an automatic appeal if they decided to go ahead with the trial regardless?

You only adjourn because lack of prep time.

But if f the court says no you have to go ahead.

No, you do not get an automatic appeal.

But anyone can appeal at the end of a case.

Does that clarify?

Customer: replied 1 year ago.
would two days by the new barrister in a serioius case considered as a good enough time. and wouldnt that clase with article 6 of everyone is entitle to a fair trial?

I think I have already answered that. It happens all the time. People get cases what seems late but these are professional barristers. They do this all the time. If the barrister was not satisfied he was prepared he would apply for an adjournment

The rules say you can't take on a case if you are not prepared.

Does that clairfy?

Customer: replied 1 year ago.
ok, so what you are saying is that, if the new barrister felt he was not ready he needs to apply to adjourn it not me?my conference with him is only the day before a trial how can he do that? there isnt time
Customer: replied 1 year ago.
I meant there is not time for him to apply to adjourn

Yes he can do it later that day or before trial

The barrister won't and can't do it if not ready.

Does that clairfy?

Customer: replied 1 year ago.
ok one think only If i did not go to the conference what would be the possible consequences. as I want him to apply to adjourn?

Then it would be your own fault and the court is unlikely to grant an adjournment.

Does that clairfy?

Customer: replied 1 year ago.
is it normal for the court to grant an adjourment if the barrister were to say he/she do not feel ready?
Customer: replied 1 year ago.
he is now a legal aid barrister, would it make any diferent if i were to sack him and appoint a private one?

No. but you still wouldn't get an adjournment as it would be your own fault.

You could still instruct this barrister on a private basis.

Does that clairfy?

Customer: replied 1 year ago.
what would be the situation for example if I were to have a car accident on the way to the conference with the barrister as it is in a different city, then it woudl not be my fault, would that then qualify for an application for an adjuornment?

if it was genuinely not your fault then it could be asked for. But even then not guaranteed.

But if you had the accident on purpose then the answer is no.

Does that clairfy?

Customer: replied 1 year ago.
These are the minimum rights in criminal trial:
the right to have enough time and facilities to prepare a defence;
the right to legal representation, including the right to either defend oneself in person or through legal assistance chosen by the accused,I have not chosen the barrister he was imposed on me by the solicitor who i have evidence to say they are incompetence. the other issue is enough time to prepare a case. i feel both rights have been violated here. what do you think i could do to prevent the trial from going ahead with this solicitor?

As I have said you can apply at any time but it is not gauaranteed and if the judge said no the trial must proceed. There is no automatic right of appeal in that case.

I have also said twice that the barrister won't go ahead if they are not prepared, it is against the code of conduct.

Does that clairfy?

Customer: replied 1 year ago.
Her main areas of law are Crime, Personal Injury and Prison Law.ok the new barrister main areas of work does not include sexual cases. so can i refuse to accept her on these basis?

She wouldn't take on the case if she was not competent. Again, it's against the rules. You can ask all these questions at the conference. Sadly I can't really add any more.

I have given you my legal view and even what the code of conduct says. Anything else I would be repeating myself.

Does that clarify?

Customer: replied 1 year ago.
ok, thanks, ***** ***** qualify for an automatic appeal ?

You don't get one. There is a right of appeal, which anyone can use.

Does that clairfy?

Customer: replied 1 year ago.
dont you need grounds of appeal to be granted an appeal?

Yes. But there is right of appeal.

I really think you should focus on the conference and get your questions ready for the Barrister and Ask about preparation etc.

Customer: replied 1 year ago.
ok thanks for your answers it was useful

If I could ask you to rate my answer before you go today, otherwise the site does not

Jamie-Law and other Law Specialists are ready to help you