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Legal matters

dh been accused of something he didnt do- need advice/hand holding

42 replies

sillyily · 04/01/2014 21:45

I'm not sure what I'm allowed to say so I'll ask my question first and if someone can telk me whether I can give all the info then I will below....


basically dh has been done for something he has no way done. a ton of evidence supporting him yet he cant remember (he was drunk and is alcohol induced epileptic which causes memory loss -it was his stag btw he doesnt make a habit of drinking) he has 12 statements that all say same thing etc

it has somehow got as far as the preliminary hearing on thursday... I have a few questions about this...

is there any way this hearing will decide that there is no case and drop it?

will there be reporters there? someone told us there will... can they use his name if he hasnt been proven guilty?

what actually happens at this hearing? how long does it last?

any enlightenment greatly appreciated as im worried sick, we dont know the system at all, where as the accuser is very familiar with it all.

tia

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Joules68 · 04/01/2014 22:43

Doesn't he have a solicitor who can advise?

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sillyily · 04/01/2014 23:09

yes, seeing him monday. but im getting myself worked up and just wanted to know if theres a chance it will go away on thursday. everything I have Googled has taken me to US sites. wasnt sure if it was different?

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Juno77 · 04/01/2014 23:12

Yes, it's very different here than in the US (are you in England?)

It kind of depends on the crime to be honest.

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Juno77 · 04/01/2014 23:13

Also - is the problem that he can't remember if he actually did it or not? I'm a bit confused - you say he didn't do 'it' but thane that he was drunk and can't remember?

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PortofinoRevisited · 04/01/2014 23:17

I would suppose it very much depends on what it is he can't remember doing.

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ladyjulian · 04/01/2014 23:19

is there any way this hearing will decide that there is no case and drop it?

Unlikely - the CPS can drop it at any stage but a preliminary hearing is not usually the place it happens, as not all the evidence is in place yet.

will there be reporters there? someone told us there will... can they use his name if he hasnt been proven guilty?

Hearings are public so there may be reporters there. They can use his name as long as they say he is accused of XYZ rather than guilty of it. The vast, vast majority of cases are not reported. What seems like the most awful thing in the world to you is just another day to the reporters.

what actually happens at this hearing? how long does it last?

I assume this is a magistrates court first hearing not a Crown Court preliminary hearing? If so, he will be asked to confirm his name and address and the charge will be read to him. If the charge is "indictable only" (can only be heard at a Crown Court, reserved for the most serious offences) then the case will be sent straight to the Crown Court. This should take about ten minutes total.

If it is "either way" (can be heard at a Crown Court or a magistrates court) then he will enter a plea of guilty, not guilty or no indication of plea. If he pleads not guilty or no indication then the court will hear the basic facts and decide whether they can deal with it at the magistrates or not - this is called jurisdiction. If they accept jurisdiction he can choose whether to be heard at the magistrates court or the Crown. If they decline jurisdiction he will be sent to the Crown Court. This type of case takes about 20 minutes to half an hour.

If he pleads guilty (which by the sounds of it is unlikely) then the magistrates would either sentence him there or send him to the Crown Court for sentence.

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sillyily · 04/01/2014 23:20

in wales so same laws I presume.

he was knockednto the floor and had concussion while the incident took place. I dont know what im allowed to say on here..?

sorry, dont mean to drip feed, just not sure whats allowed etc..

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ParenthoodJourney · 04/01/2014 23:20

Sorry that you are going through this.
Me and dP had similar situation last year. Horrible. They can drop it at the first hearing. My DPs continued we waited a year until crown court hearing where at that moment after a year of worrying and emotions he was finally told the case against him had been dropped. They can release names depending on what the case is. Wishing you the best.

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sillyily · 04/01/2014 23:22

thank you ladyjulian. more info there than I've found online!

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Juno77 · 04/01/2014 23:22

It's very hard to say without facts.

He was unconscious during the alleged incident? In that case, there wouldn't/shouldn't be a case against him. Unless he wasn't or can't prove he was or there is no evidence to suggest he was.

There must be some evidence against him.

Is he the sole accused or a co-accused?

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sillyily · 04/01/2014 23:24

thanks parenthood. it is turning into such a nightmare. we should really be pressing charges as dh has lost hearing as a result but I just want it all to go away. glad it got sorted for you Smile Smile

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InTheRedCorner · 04/01/2014 23:27

I'm sorry you are going through this.

Is he the only one accused?

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sillyily · 04/01/2014 23:35

yes, only one accused. dh asked me not to put details up :-/

sorry, I hate these sorts of posts Wink :p

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sillyily · 04/01/2014 23:36

no proof he was unconscious. he just came across as very drunk. Hmm

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Juno77 · 04/01/2014 23:36

But, he can't remember if he actually did it or not?

Why are you so convinced that he didn't?

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Juno77 · 04/01/2014 23:37

Unconscious and drunk aren't the same, at all.

This is very confusing.

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sillyily · 04/01/2014 23:38

we do just know. saying the main reason would totally out me tbh..

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InTheRedCorner · 04/01/2014 23:39

If he can't prove it but they can, he is on sticky ground.

Without more detail it is too hard to comment further I'm afraid.

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Thants · 04/01/2014 23:39

If he was so drunk he doesn't remember doing it then how does he know he didn't? And why are you so sure?
What is he accused of doing?

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RhondaJean · 04/01/2014 23:40

I don't mean to be sceptical but if there are 12 statements saying DH didn't do this and none saying he did, cps wouldn't have proceeded with it as far as I am aware. I think you need to brace yourself for there being more to this than you think.

I am presuming its some violent crime he is accused of given the circumstances, does he have previous for this sort of thing?

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sillyily · 04/01/2014 23:41

will see how it goes on monday with the solicitor anyway. we know the ridiculousness of the whole situation, and its a case of us not havjnv a clue and being out of our depth.

thanjs everyone for your replies

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Juno77 · 04/01/2014 23:41

Hmm he has seizures when he drinks, he drank, blanked out an a serious incident occurred. He can't remember what happened, but you know he is innocent.

Yet he is being charged?

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Joules68 · 04/01/2014 23:42

If you haven't yet seen a solicitor ( why not?) and he hasn't discussed this formally with anyone, with you present, then it's possible he's not telling you everything

Very strange ( to me) that it's gone this far with so many statements etc in his defence

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CelticPromise · 04/01/2014 23:43

You both need to speak to his own solicitor. None can give you specific advice without all the facts. Solicitor will tell you exactly what will happen.

Don't panic. Not much is likely to happen at preliminary hearing.

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Coconutty · 04/01/2014 23:44

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