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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 23
Experience:  Qualified Solicitor
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Can a judge make a ruling without listening to the defense

Customer Question

Can a judge make a ruling without listening to the defense
Assistant: Where is this? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have been taken so far?
Customer: Plea entered as Not guilty but only plaintiffs side been heard them my solicitor was told to get me to change my plea or my dogs would instantly be destroyed, my witness was never called or my vet contacted to assess my dogs
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I've been made to spend money I can't afford on a fence and destruction order sits over my dogs
Submitted: 2 months ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 months ago.
I will wait for an answer, Thank you
Expert:  JGM replied 2 months ago.

I am a solicitor in Scotland. Was this a criminal trial or a civil case? Please explain what happened in a little more detail.

Customer: replied 2 months ago.
One of my dogs was accused of biting a neighbours son and I was charged under DDA, I do have a witness.
Going through the court the judge has not allowed my defense to go forward and my solicitor was told to get me to change my plea from not guilty to guilty to stop a destruction order for that day of all 3 dogs. The destruction order has still been put on the dogs and I'm doing my best to get the fence up that I was ordered to do
I don't understand why the judge has not allowed my side to be heard and going by everything that she has been told by prosecutor whom has been fed lies by a prolific liar.
Please can you advise me
Expert:  JGM replied 2 months ago.

It is not an option for the judge to disallow your defence without hearing it. It may be that there was a discussion as a result of which the judge recommended your lawyer discuss whether your defence had any merit and tender advice to you on that. That is why I need much more detail before I can answer your question.