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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7536
Experience:  Director and Principal Solicitor. UK
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Can a mitigating circumstances be use in guilty plea,

Customer Question

Can a mitigating circumstances be use in guilty plea
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: My son is due in court Friday to give his plea
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There was at fight in a pub where my son a his girlfriend was physically assaulted by 3 men the manager asked all parties to leave as they all left my son was seen on CCTV hitting on of the men, all 3 started beating my son and a bystander help my son, as a result the bystander was also attacked by these men a chased, my son was arrested but was taken to Hospital due to his injuries
Submitted: 7 days ago.
Category: Law
Expert:  Solicitor4All replied 7 days ago.

Hi, I’m Solicitor4All, a law Expert with over 15 years of experience practice. Thank you for the enquiry. It is my pleasure to assist your with this today

Expert:  Solicitor4All replied 7 days ago.

What is the mitigating circumstance if you may advise? Thank you.

Customer: replied 7 days ago.
My son was arrested outside the pub but it was a consequence of what happen inside the pub that resulted on the street my son was trying to protect himself and also his girlfriend who had also been attacked.
Customer: replied 7 days ago.
Could you please give advice
Expert:  Solicitor4All replied 7 days ago.

Thank you for your update 

Please leave it with me for now, I will respond once done rest assured today.Thank you

Customer: replied 7 days ago.
Are you able to give advice
Expert:  Solicitor4All replied 7 days ago.
Thank you for your patience. Mitigating circumstances would be used at trial or at the stage of sentence. And the point of plea he just needs to plead one of the other. If a bit of time had passed between the fight inside and the one outside your son may struggle to argue provocation because he would have had time to reflect and actually decide to attack outside. If the others came towards him and he felt he needed to defend himself he wouldn’t be pleading guilty he would be denying mens rea (intention) on the grounds it was self defence.
Expert:  Solicitor4All replied 7 days ago.

Amy follow up please don’t hesitate to send your message. I am always glad to assist and clarify anything for you. All the best.

Customer: replied 7 days ago.
Both parties were asked to leave the pub at the same time, as the other party which were 3 men had already attacked my son and punch his girlfriend they were both feeling threatened, with verbal threats being made by them while exiting the pub.
Expert:  Solicitor4All replied 7 days ago.

Thank you for your message. If he was responding to a provocation that happened outside when they all got outside then he can present that as his defence but if he cannot honestly may that and he was hurt from what happened inside and was revenging outside he will struggle to Prove innocence.

Customer: replied 4 days ago.
Can monthly payments of legal aid be reduced
Expert:  Solicitor4All replied 3 days ago.

If your earning reduce drastically then yes it can be possible.

Customer: replied 3 days ago.
My son has been told to pay £2000 per month for 5 months but due to the pressure of this case my son and girlfriend have parted and her income was taken into consideration
Also the CPS have not handed over all CCTV footage and my son is on Crown Court tomorrow to make his plea.
Expert:  Solicitor4All replied 3 days ago.

He can't afford it so he needs to tell the solicitor.