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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

When someone is charged with something does it mean they're guilty?

149 replies

ElTortilla · 22/08/2024 17:02

A good friend of mine was charged with something serious about 20 years ago. I found this out by goggling his name as he's very well known in his field and I wanted to see some information on his career.

Does being charged mean he was guilty? If so, it could change the friendship forever.

OP posts:
DragonFly98 · 22/08/2024 18:49

How can you possibly think being charged means guilty. What do you think courts are for? I struggle to believe anyone over the age of 11/12 would not know this.

Cheesecakecookie · 22/08/2024 18:51

I’m gobsmacked.

I also hope you don’t end up on a jury.

DreamW3aver · 22/08/2024 18:55

ElTortilla · 22/08/2024 17:06

For some perhaps, but I genuinely didn't know.

What did you think not guilty meant then?

BattyEyelashes · 22/08/2024 18:55

Posters can be so touchy and defensive. She didn't know, so she asked. I can't see the problem.

If she ended up on a jury, she'd either be disqualified or learn on the job and wouldn't be the only one making the decision.

prh47bridge · 22/08/2024 18:59

ElTortilla · 22/08/2024 17:07

See this is what I worry about.

To clarify, it means that the CPS thought there was enough evidence to give a realistic prospect of conviction, i.e. a realistic prospect that they could convince a jury that he was guilty. That does not mean that any prosecution resulted in a guilty verdict. Indeed, it does not necessarily mean that the case got to court.

DogInATent · 22/08/2024 19:00

Does being charged mean he was guilty? If so, it could change the friendship forever.

If you're suspected, you're arrested.
If there's believed to be sufficient evidence, you're charged.
If you're found guilty in court, you're convicted.

At any stage this can be reversed due to a lack of evidence or the prosecuting authority decides it wasn't you. You might be arrested, and then released. You might be charged, and the charges might be withdrawn. The court might find you Not Guilty (or alternatively, find you either Not Guilty or Not Proven in Scotland).

It's about time we taught basic citizenship in school to everyone.

KreedKafer · 22/08/2024 19:00

I’m guessing it was a sex offence he was charged with, then.

As others have said ‘charged’ doesn’t mean ‘convicted’. When someone is charged it means that the police believe they may have committed a crime and the CPS considers that there is enough evidence for there to be a realistic chance of conviction. But it doesn’t mean it’s certain that they will be convicted; it just means that there’s a chance they will. Once the person has been charged, that means their case will go to court and the court will decide whether the person is guilty or not guilty. If they’re found guilty, they’re convicted and sentenced.

Occasionally charges are dropped before the case comes to court.

Basically you need to find out whether your contact’s case went to court and if so, what the verdict was.

Awwlookatmybabyspider · 22/08/2024 19:02

So he did allegedly do something 20 years ago and has now been charged or Was he charged 20 years ago and done time. You can’t just be charged and that’s it.
It’s either.
No further action
Charged and convicted.(By Trial)
Charged and acquitted. (By Trial.)
The accused pleads guilt. However pleading guilty is not always an admission of guilt. They could be too afraid to face Trial and risk a lengthy sentence if found guilty especially if they kids or other caring responsibilities.

ShinyAppleDreamingOfTheSea · 22/08/2024 19:05

So guilty means guilty, but not guilty doesn't necessarily mean innocent, it means not enough evidence to convict.

This is really important and cases can be thrown out eg due to incorrect procedures not being followed, or perhaps there is no conviction because a key witness has backed out of testifying or simply that a person has a really good lawyer .

I would be very wary in cases where there is no conviction if it's around domestic abuse or sexual assault - but often these don't actually get to court anyway .

Stillnormal · 22/08/2024 19:10

I think if this was me and a friend that I loved dearly, and if it was going to be messing with my head then I’d have to ask him. People get charged for things they did t do all the time it was likely a terrible experience for him if he didn’t do it, and he’ll be able to explain.

Spirallingdownwards · 22/08/2024 19:15

If he was charged with rape or any form of sexual assault or abuse please also realise that potentially the victim may have not felt up to giving evidence in court and therefore charges may have been dropped and thus there be no conviction. If this is a partner ask them.

OhBeAFineGuyKissMe · 22/08/2024 19:26

What you really should be asking is “how can I find out the outcome of any trial?”

Cattenberg · 22/08/2024 19:27

One of my friends appeared in court on a charge of armed robbery! However, he was soon discharged as it turned out to have been a case of mistaken identity. I didn’t know any of this until afterwards. He had a bizarre life (and died young), bless him.

Whatever3787 · 22/08/2024 19:31

im on bail and not been charged yet but even if i was doesn't mean im guilty

Choochoo21 · 22/08/2024 19:32

Not sure why you’re getting such rude responses.
You obviously wouldn’t have asked if you knew the answer.

If you’ve known him 20 years then it sounds like you know him very well and I would base your opinion of him on that.

What Is a Charge?
A charge (or indictment) is an accusation that someone committed a crime that must be proven in court. A charge is not indicative of guilt; you are innocent until proven guilty and the government must prove each and every element of the charge. Police do not file charges against you. Instead, a prosecutor reviews the evidence and determines what charges should be filed against you. Sometimes, a prosecutor will ask police to investigate more before filing charges. Other times, the evidence the police gathered is enough.
Once a charge is filed, the government will either ask to secure the accused’s appearance with a warrant or a summons. A warrant allows police to arrest the accused. A summons is a letter telling the accused to appear in court. If a person does not go to court, the judge will issue a warrant that orders police to arrest the accused.

Difference Between a Summons and a Warrant | Conyers & Nix

Have questions about the difference between a summons and a warrant? Contact an attorney at Conyers & Nix for experienced guidance.

https://www.conyersnix.com/faq/difference-between-a-summons-and-a-warrant/

TheGreenKnight · 22/08/2024 19:37

Divebar2021 · 22/08/2024 17:06

It means there was enough evidence to anticipate he would be found guilty at court.

Not true. It means that there is sufficient evidence to put before a Magistrate or a Jury, and that the prosecution think that there is a better than even chance of a guilty verdict. Many people are acquitted at the trial stage.

OraettaMayflower · 22/08/2024 19:41

It’s strange how googling tells you about the charge but not the result. Court records are public information in the majority of cases, phone your local court if you want to know.

ShinyAppleDreamingOfTheSea · 22/08/2024 19:43

I thought that @OraettaMayflower

Differentstarts · 22/08/2024 20:02

Their is absolutely no way of knowing if someone did something or not. Just because charges are dropped doesn't mean their innocent but at the same time their has been many people who have been convicted of things they didn't do.

DogInATent · 22/08/2024 20:39

OraettaMayflower · 22/08/2024 19:41

It’s strange how googling tells you about the charge but not the result. Court records are public information in the majority of cases, phone your local court if you want to know.

The OP may not be very good a Googling.

heinzseight · 22/08/2024 20:44

Being charged doesn't mean he was guilty. Being found guilty means he is guilty. Sounds like you will need to ask him.

Papyrophile · 22/08/2024 21:13

thursdaymurderclub · 22/08/2024 17:17

It depends what he was charged with? I would assume that at the time there was enough evidence to suggest they did whatever crime they did. the UK court process is so complicated, sometimes the CPS will throw a case out as there is not enough evidence.. doesn't mean they didn't do it, it just means they can't find enough proof that they did.

In answer to your question should you reconsider your friendship, i guess that depends on your own moral compas. If they were charged with rape, and there was not enough evident to support the charge, does it mean they didn't do it?

Not totally. If they were charged with rape, and there was forensic evidence of intercourse, that could have been a situation where the woman changed her mind in the morning. But if she is on CCTV snogging him enthusiastically a few hours earlier, her case is weakened so much that the CPS would not pursue charges.

Divebar2021 · 22/08/2024 21:52

@TheGreenKnight

Jesus the semantics on this thread - For Full Code charging decisions.

“Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant” ( quote from the prosecutors code)

Threshold charging decisons are different. Anyone suffering from insomnia can Google Threshold and Full Code charging decisions.

JoyousPinkPeer · 22/08/2024 22:08

ElTortilla · 22/08/2024 17:06

For some perhaps, but I genuinely didn't know.

And we'll done for asking, even when some know it all might criticise you for doing so

Nextdoor55 · 23/08/2024 18:19

ElTortilla · 22/08/2024 17:07

See this is what I worry about.

Of course it does not mean they were guilty, only that there was suspicion, does not mean they were guilty or were ever found guilty.
To be honest there are people in prison who are innocent too But that is another story.
If this person is your friend, why don't you just ask them?

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