Legal advice for criminal matter

[Guest]

I have a court case at start of august. I have been denied legal aid as I passed the financial test but I failed part 2 of the criteria which was not in the interest of justice. I am not a criminal and I am really worried. I understand there maybe a duty solicitor available on the day but is there anywhere else I can get legal advice from as it is quite complex and I'm not even sure if I should plead guilty or not. I know this forum is more for civil matters but if anyone can help I would be very greatful. Thanks.

[paulajayne]

Post your problem here as lots of experience over a wide range of legal subjects.

[Nospot]

Hi there. I wrote the original post. Basically I hired a car and I have been charged with taking without the owners convent as it was a late return. I hired the car as my partner was very Ill and I had to transfer him from various appointments. He passed away in September and as with sudden deaths my flat was locked down, the locks changed and i was not allowed in the flat for a week. I was arrested in connection with his death and my phone was taken as well. I have been sinced cleared of anything to do with his death as he was an alcoholic and died of this disease. Amyway as the hire keys were in my flat when it was locked down and I had to go and stay with relatives and I had no phone and was unable to be contacted or contact anyone. When I got the keys back to my flat the next day I went to return the car and at the end of the road I live in I was pulled over by the police and arrested again for stealing the hire car. Omg, does this nightmare never end? Does anyone have any ideas what I do. The car was only reported stolen the day before I was picked up so its not like I had it for ages. I want it all to go away but I don't think I'm guilty of stealing a car but I'm scared if I say not guilty then they say I am they will be harder on me? Help please.

[des8]

Under the circumstances you outline you should be pleading not guilty on the basis of the exemption in The Theft Act 1968 Sec12 (6):
"A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it."

However don't go it alone. See a solicitor

[Nospot]

Hi there, just a little update. My case has been adjourned until the 20th. Looks like it may be struck off (whatever the technical term is) because it wasn't brought before the court within 6 months. I really don't understand but will keep this thread updated. Thanks for advice x

[des8]

To bring a summary case such as this information has to be laid before the court (ie with a court officer with implied authority to accept the informations) within a six month time limit.( section 127(1) of the Magistrates’ Courts Act 1980and the Criminal Procedure Rule 2015).

Failure could well be fatal to the prosecution case

Combined with your defence you should be safe.
Good luck

[Nospot]

Yes that is exactly the terminology used "laid before the court". I really count my lucky start tonight as my duty solicitor I'm afraidbi didn't have much confidence in as he kept changing his mind as to what I should plead. I was all set to plead guilty when the prosecution noticed a descrepensy which pushed my case back until after lunch. Thus giving my duty time to further research and find out about this technicality! I know he only met me today but he had his head firmly in a little black book (law book) Lol. In all seriousness though I'm miffed that I almost copped to this which could have had serious ramifications on my future as I work with vulnerable adults. All because in the interests of justice I couldn't get legal aid....

Thanks for your advice and words des. It did Calm me immensely on the run up to this! Xx