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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 15824
Experience:  Solicitor
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My husband is currently in prison for a driving offence.

Customer Question

Hi my husband is currently in prison for a driving offence. He’s asked his solicitor to make an appeal against the sentence and the solicitor said he would make the appeal. Today the solicitors said he has gotten advice that there’s is no grounds to appeal and he would not go ahead with it. Can he do this? He hasn’t actually gotten permission to appeal just advice and I am very confused as to what to do next
JA: Where is your husband? It matters because laws vary by location.
Customer: England
JA: What steps has your husband taken so far?
Customer: He’s asked his solicitor to make the appeal but now his solicitor is refusing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he had his pre sentence report a week before sentencing and the probation officer said that she think he will probably get a fine or disqualification or even a suspended sentence at worst. We have given the judge character references from my husbands work and also written a letter of apology. I know ultimately it is the judge decision but an 18 month custodial sentence and 3 years and 7 months driving disqualification is too harsh I believe. We have children and another on the way and he is my support system so I just need some help please
Submitted: 15 days ago.
Category: Law
Expert:  Jamie-Law replied 15 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 15 days ago.

Are you asking whether your Husband can appeal even though the advice it is that it has no prospects?

Customer: replied 15 days ago.
Yes, I am asking if the solicitor can still make an appeal or does my husband need to do it himself ?
Customer: replied 15 days ago.
I can’t afford to call
Customer: replied 15 days ago.
Can I please get some advice
Expert:  Jamie-Law replied 15 days ago.

Husband can instruct Solicitor to make an appeal, but he may not get legal aid if he does not have prospects.

Yes, he can appeal himself.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 11 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.