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Anyone with court knowledge that can answer a question?

6 replies

breeze · 04/01/2006 15:15

My friends EX-P got arrested for something, (he 100% did it) admitted it to the police, took statesments etc etc, released on bail. Today gone to court and pleaded not guilty, court now 6 months away. They have a child together, and under the circumstances she wants him nowhere near her child.

But what I want to know is, why if he admitted it to the police has he now pleaded not guilty as would have got a shorter sentance if pleaded guilty. How can he change his mind, does the fact he admitted it originally come up when he goes back to court for trial.

I hope I made some sense.

OP posts:
Sparks · 04/01/2006 15:45

Only he (and his lawyer) can answer the question about why he decided to plead not guilty.

If it goes to trial and the police officers are called to testify, they would say what he told them, also any notes they took could be evidence in the trial.

catsmother · 04/01/2006 15:49

When you get arrested the cautions states "anything you do say may be given as evidence". Presumably, he's now pleading non guilty in the hope he'll get off altogether (as opposed to a shorter sentence for admitting guilt).

Without knowing the ins and outs, it's difficult to know what argument the defence is going to put forward for this change of mind. I am sure the prosecution would mention the original admission. Maybe they are arguing some kind of "no fit state, didn't know what he was saying" approach ? .... but suspect that'd need to be backed up by medical reports.

You'd have thought, wouldn't you that an admission of guilt would make a done and dusted case. But lawyers can be very clever (or devious, depending on your opinion).

breeze · 04/01/2006 15:49

Thanks, not familiar with the court process. Glad that the office will be able to give evidence.

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Skribble · 05/01/2006 01:41

Many criminals plead not guilty then plead guilty when it does go to court. I suppose they are hoping for the solicitor to come up with something. The police will refer to any statements taken especially if he admitted to the crime.

breeze · 05/01/2006 14:09

Thanks I feel a lot better knowing some of that. Its a child abuse case and him now pleading not guilty, my friend will have to go to court and give evidence. we had hoped that he would plead guilty as he admitted it to the police when arrested.

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Skribble · 05/01/2006 22:03

There is still the possibility that he will follow his solicitors advice and plead guilty at the very last minute mening everyone still has to turn up but won't be called to give evidence.

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