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Original poster

The puddytats police problem - long

125 replies

puddytats · 07/03/2006 20:25

Hi all

Many apologies for my silence, life has been hard recently. For those of you who are kind enough to remember or might be interested here is a recap:

DH and I had our 2nd child in May last year. After a month off DH returned o work (a company he has worked at for 6 years) to be called into a meeting and suspended due to discrepencies on a client he worked on. In due course he was found guilty of gross misconduct and fired. In the meantime the olice were also called in as it would seem that monies had gone missing. A fake case had been set up and dh had apparently done this, done all the work, written cheques and taken the money.

Everything is in DH name, all the evidence points to him. Some of the money even touched our bank accounts before it was immediatly transferred back out again. DH was arrested and taken in for questionning. I was also arrested and also questionned.

We have been interviewed by the police a couple of times and the case has now been transferred to the cps to decide whether we should be charged.

The bank has done their own investigations and concluded we are guilty and closed our account, refusing to give any further info as we were in the wrong. We cannot do any investigating or prove ourselves innocent unless we are charged as we have no legal rights to anything.

We also have a cilvil case against us trying to recoup the monies we were supposed to have taken.

Neither dh or i are guilty, you just have to take our word for that.

Ds is now 2 and dd is now 10 months. Our lives stopped 9 months ago and we are unable to start living again until all is over.

Someone out there has set us up, we never saw or spent the money. Someone has decided to destry our lives and don't seem to care that innocent children are involved.

DH and I are still together and stronger than ever, They will not destroy us and one day life will be normal again.

If you have got to this point thank you for reading.

OP posts:

pindy · 16/05/2006 07:39

Really, really good luck. Have followed this nightmare of yours since the beginning. Will be thinking of you and hoping you get the right decision and can eventually put all this sbehind you, I know it will take awhile and you will never forget it.

All the very best x

heavenis · 16/05/2006 08:23

Good luck. We'll all be thinking of you.

LadySherlockofLGJ · 16/05/2006 08:25

I will pray for you.

foundintranslation · 16/05/2006 08:46

Good luck puddytats and dh. Prayers here too.

prettybird · 16/05/2006 09:38

Thinking of you.

bummer · 16/05/2006 09:56

puddytats, I wish you all the very best and hope this nightmare will be over for you shortly. Can't begin to imagine how you have been coping. Not seen your posting before but really feel for you as someone I know is being accussed of something they have not done but it is all spirraling out of control and I can't do a thing to help apart from listen and a fat lot of use that is. Good luck Puddytats.

puff · 16/05/2006 09:58

Good luck puddytats

puff xx

oliveoil · 16/05/2006 10:01

Fingers crossed PT, this has been on my watch list long enough, hope things end soon.

and that your dd has had this hanging over her her whole life, disgraceful.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

plummymummy · 16/05/2006 10:02

Good luck puddy xx

Marina · 16/05/2006 10:03

Best of luck puddytats

Original poster

puddytats · 16/05/2006 15:49

Got back a little while ago, never thought i would see dh in the dock of a court! He has not entered a plea yet, this is the last time he can still not. The prosecution asked for it to be refered to crown court and we are happy with that. We next have to go to court on 13th July where dh WILL have to enter a plea. We are still planning on the not guilty as he has done nothing wrong!

Now at last our solicitor can do some investigating. We have been warned that it could cost upwards of £30,000 might end up selling the house to pay for it but we HAVE TO PROVE DH DID NOTHING

OP posts:

SoupDragon · 16/05/2006 15:51

Why would you not enter a plea? And why are you only planning on entering it as not guilty if he's done nothing wrong?

Original poster

puddytats · 16/05/2006 15:57

Because from what we have seen, the evidence is so overwhelming against dh, at the moment entering a plea will not do us any good and not entering one cannot be held against him (so says our solicitor)
With regards to 'planning' to enter a not guilty plea. We have been told by dh father (who at the moment it paying legal fees) that he might not help all the way. Even if we sell the house we cannot pay all the fees we need - computer experts, forensic accountants, barristers etc. So it may simply come down to the fact we cannot afford to defend dh. Especially as if we lose we are liable for the other sides costs as well. In that case the best case scenario is for dh to plead guilty for a lesser sentance.
This is worst case scenario if fil does not help but it is one that we have to consider. Hope that makes sense?

OP posts:

oliveoil · 16/05/2006 15:58

I wouldn't plead guilty for something I hadn't done, really really wouldn't.

Is that what they are advising you to do?

(finishing work in a min so may not respond till tomorrow)

Original poster

puddytats · 16/05/2006 16:00

It goes against everything i believe in an i want to fight and fight and fight......
but we also have 2 small children to think of

OP posts:

Freckle · 16/05/2006 16:11

I don't think you have to pay the prosecution costs in a criminal case.

Didn't you say that dh isn't working at the moment? Is he not entitled to legal aid? I would seriously push for this to enable you to plead not guilty without fear of losing the roof over your heads.

SoupDragon · 16/05/2006 16:16

Hope my questions didn't come across too bluntly - didn't mean them to :)

I agree with OO when she says "I wouldn't plead guilty for something I hadn't done" but that's easy to say when you're not in the middle of the nightmare.

Good luck.

Original poster

puddytats · 16/05/2006 16:47

Yes he is entitled to legal aid but that gives us just a basic service. Because of the complexities of the case we need experts and legal aid will not pay for this. If we want to get to the bottom of it then we have to ay.
Don't worry soup dragon i can take most things now!
I always said that no matter what if you are not guilty you should fight, and i still belive that, however family have to come first and if the options are dh going to prison now and the children not remembering and him coming out sooner, or, us dragging everyone through a trail we have little or no hope of winning, only for dh to go to prison for longer and at an age the children may remember then we have to seriuosly consider all options.
Life sucks, there is no justice in this world, we have lived life properly and are now paying the price. The law is not interested in proving innocence, only maintining statistics. Innocent until proven guilty is a pile of poo.

OP posts:

fairyjay · 16/05/2006 17:02

Puddytats
This is terrible. I cannot believe that anyone can prove you've done something when you haven't. I suppose when you've got all of the 'evidence' they are using to prosecute, you will be able to start dismantling it - hopefully.
Good luck.

eemie · 16/05/2006 17:17

I work as an expert witness in the courts. Legal aid pays for my reports. I have to provide an estimate of my fee at the outset so that the solicitors can get prior approval from the legal aid board before instructing me. This is to guard against excessive/unreasonable charges. If they approve the estimate, in my experience, they always pay up.

I don't understand how you could ever be liable for prosecution costs in a criminal case against you, regardless of outcome? It's not like a civil case, where you had the option to take it to court or not.

Are you satisfied with the legal advice you are getting? No need to answer that, obviously - but if you are considering the possibility of a guilty plea it does seem essential to be certain in your own minds.

frogs · 16/05/2006 17:52

I was just about to post pretty much what eemie has posted. I also work as an expert witness -- probably 95% of my work is publicly funded, either by prosecution or defence. If you have a halfway decent solicitor they should know how to approach the Legal Services Commission in order to get experts' fees authorised, and should also have a range of contacts for different kinds of expertise.

Sometimes the LSC will authorise only a portion of my anticipated costs, in which case going back to them with a more detailed breakdown usually fixes things. Occasionally they won't budge, and as long as the amount authorised is reasonably close to my likely fee I usually go ahead and do it anyway, on the basis that otherwise the accused person wouldn't have the chance to defend themselves. Solicitors can also sometimes undertake to meet expert's fee themselves and claim it back on 'taxation', which I've never really understood, but is to do with the way solicitors recoup their costs at the end of a criminal trial.

There is a legal concept known as 'parity of arms' which means that the defence should have access to broadly the same resources as were made available to the Prosecution, and solicitors can appeal to the judge if they have a strong argument that this is not happening.

hth

Freckle · 16/05/2006 18:23

This is my understanding of legal aid too. It sounds as though your solicitor is happy for you to pay privately (private rates are a lot higher than anything he might be able to charge if you are legally aided) - although I apologise if this is not the case and I am casting nasturtiums on his character! If you are entitled to legal aid, this should cover the cost of expert reports, etc.

I would check this out again or instruct another solicitor. It might be that your solicitor does not have a franchise for legal aid in criminal law, which he would need in order to act for you if legally aided, in which case you need to find one that does have a franchise.

plug · 16/05/2006 18:51

IIRC, isn't soapbox a forensic accountant?

So sorry you're going through this puddytats - i've watched your threads from the beginning and really was hoping your nightmare would be over by now . Be strong.

Original poster

puddytats · 16/05/2006 21:58

Thanks for all your advice. We are happy with sol but will ask about expert witnesses on legal aid just incase fil decides to withdraw his help!
We are using Edward Hayes, did a lot of research and they seemed one of the best locally.
If soapbox is a forensic accountaant i have several questions for her!! might start a seperate thread calling for her.
Again thanks for all the advice.

OP posts:

oliveoil · 17/05/2006 09:15

I just can't believe what you are having to deal with.

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