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Original poster

Sols need £20,000 initial payment to defend dh - money we do not hav

120 replies

puddytats · 31/05/2006 21:29

Got letter from the solicitors the other day with some info that the police used to charge dh (can already see discrepancies in what originally told and what is now in statements). They are happy to represent dh but need £20,000 upfront to start with and costs could rise to £60,000+.
WE DON'T HAVE IT
Mil is currently helping to pay all our bill and general living expenses.
My parents are paying for shopping, nursery, days/evenings out etc.
Fil in well off, not sure if he is willing to help out with legal fees. If he does not dh will have to plead guilty as we can not afford the legal fees. He will give us the answer at the weekend.
The fate of my family lies with my fil, if he pays dh can plead not guilty, if he doesn't when we return to court on 13th July he will have to plead guilty which means he will be in prision by the end of august.
I am so very scared.
Thankyou for listening again

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ComeOVeneer · 31/05/2006 21:31

So sorry to hear this, I hope you get some good news soon. Fingers crossed for you and your family.

NotQuiteCockney · 31/05/2006 21:31

Can't you get legal aid? This is a criminal case, right?

Pixiefish · 31/05/2006 21:31

puddytats- isn't he entitled to legal aid? Surely the justice system can't see an innocent man go to jail!!!!!!!! hugs

Piffle · 31/05/2006 21:31

If he is a good father, he will pay. I know dp's dad would.
I wish there was something I could say that would help you or fix this for, its just such an horrendous thing to have to cope with
I think about you a lot FWIW
Take care however you can xx

LadySherlockofLGJ · 31/05/2006 21:32

Oh Arse. Sad

If I win the lottery this weekend, I will gladly give it to you.

Not joking.BTW

Flossam · 31/05/2006 21:34

Good lord, no advice but lots of good luck. I hope it all goes well and FIL helps you with all this. It all seems so ridiculous that we are supposed to be innocent untill proven guilty, but only if you can afford to be innocent. Angry

JanH · 31/05/2006 21:35

He shouldn't have to plead guilty because he can't afford defence, that's just wrong, it goes against all the principles of justice in this country Angry

Original poster
puddytats · 31/05/2006 21:36

We do get legal aid but from what i have found out it only gives the basic service, we will not be given a specialist fraud solicitor for example, or a barrister when it goes to crown.
The case is getting more and more complicated and if we have any hope of defending with a positive outcome we nedd specialists.

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Original poster
puddytats · 31/05/2006 21:37

There is no justice in this country just the need for statistics and the easiest outcome Angry

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morningpaper · 31/05/2006 21:37

I don't understand why he has to plead guilty, if you get legal aid? Especially if all their evidence is circumstantial?

Original poster
puddytats · 31/05/2006 21:39

DH initially worked on the case believing it to be genuine, all the signitures etc are his. As far as the police are concerned that proves him guilty. I cannot go into too much detail but also as the money can be traced in and out of our account that also makes him guilty

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foundintranslation · 31/05/2006 21:41

Oh puddytats. You know, I think of you and pray for you almost every day, and am so hoping this nightmare will end for you soon. Fingers, toes any, oh, everything crossed that your FIL helps you. If I had the money - oh, I wish I had! - I'd give it to you in an instant.

If your FIL refuses to help, do try and find a way round this - if you can already see some discrepancies, then it's promising, surely? - rather than pleading guilty when you know he isn't. I second NQC - surely it can't be the case that people accused of a crime can only get a decent defence if they're rich? Surely there must be a way to get legal aid?
If not, I hate to raise the issue but have you thought of selling the house? I know it's a horrendous thought, but once this nightmare is behind you you can work towards building up what you've lost again.

foundintranslation · 31/05/2006 21:42

sorry, crossed posts with the last few.

NotQuiteCockney · 31/05/2006 21:44

Where did the money go out to? Any chance of getting anyone involved to do some pro bono work? Any chance of you guys doing some of the solicitor work yourself? (Find experts, etc?) To reduce costs?

NotQuiteCockney · 31/05/2006 21:45

Wait, this is a fraud case, right? The conviction rates on these are really low. Is this the SFO you're dealing with, or local cops?

morningpaper · 31/05/2006 21:45

I agree, selling house makes sense - do you own it outright?

Original poster
puddytats · 31/05/2006 21:45

We have thought of selling the house, would have to move in with parents - maybe that will convince fil to help Grin. Not sure we have that much equity in the house and also if dh old work hear bout it they will probably get a court order to freeze all assets so that they can get their hands on some of the money.
We can get legal aid but as i said not to the level we need it. Also because mil and my parents helping out we are apparently not destitute and this would be taken into consideration Angry
We would not be able to make sure we got the right solicitor for the case it would be whoever is allocated or takes legal aid.

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foundintranslation · 31/05/2006 21:46

Is there anything in the legal aid statutes (or whatever the term is) that makes provision for extra cover in complex cases like this?

Twiglett · 31/05/2006 21:46

Sad oh puddytats .. what a crap crap year for you guys

have you checked your home insurance legal cover?

Original poster
puddytats · 31/05/2006 21:46

its the sfo. We are talking A lot of money - that any fool can se we do not have!!

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NotQuiteCockney · 31/05/2006 21:47

Is it a jury trial, or judges?

Original poster
puddytats · 31/05/2006 21:48

It is going to crown so will be jury

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foundintranslation · 31/05/2006 21:48

Surely they wouldn't be able to get assets frozen before there's an actual guilty verdict, especially as the money would be going on his defence?

Frantically racking my brains to think of ways to help. The unfairness of all this makes me feel like robbing a bloody bank to get you the money. Angry

NotQuiteCockney · 31/05/2006 21:48

Presumably their argument is that you (he) have hidden the money cunningly somewhere? And the money went somewhere relatively untraceable, so the actual thieves could have it ...

Original poster
puddytats · 31/05/2006 21:49

Thst is right, but the police are not investigating that possibility, they have found their man, end of job, he is obviously guilty so that is all they need to do.

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