Duty Solicitors
25 April 2009, 05:50 PM
#32
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[quote=fatherpierre;8663598]
Most people I charge are guilty
And a realistic prospect of a conviction would therefore lean towards them being guiilty would it not, with our oh so fair court system? So the word most is fairly used.
Whether the court find them guilty or not doesn't mean they aren't guitly of committing the thing they're in court for - unless you want to be technical.
How can you say most people you charge are guilty?
You charge them, you do not try them!
Most people I charge are guilty
And a realistic prospect of a conviction would therefore lean towards them being guiilty would it not, with our oh so fair court system? So the word most is fairly used.
Whether the court find them guilty or not doesn't mean they aren't guitly of committing the thing they're in court for - unless you want to be technical.
You charge them, you do not try them!
25 April 2009, 05:52 PM
#33
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Because in my opinion they are. And then that is usually borne out in court
We are allowed to have opinions, you know! That power has yet to be removed by the government
.
We are allowed to have opinions, you know! That power has yet to be removed by the government
.
25 April 2009, 05:59 PM
#34
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Indeed you are entitled to your opinion. It's that that keeps me in a job.
Funnily enough though the Govt are trying to remove MY job. Funding cuts, fixed fees etc etc.
25 April 2009, 06:04 PM
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25 April 2009, 06:08 PM
#38
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If you didn't do the 'thing' then be confident in yourself and put yourself forward with that in mind.
Go smart - sounds obvious but the amount of people that turn up looking like tramps (some are tramps, to be fair!) is amazing.
Good luck too. No one wants to see someone gettiing a clean slate dirtied for something they didn't do.
Go smart - sounds obvious but the amount of people that turn up looking like tramps (some are tramps, to be fair!) is amazing.
Good luck too. No one wants to see someone gettiing a clean slate dirtied for something they didn't do.
25 April 2009, 06:11 PM
#39
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The duty brief will be fine, They are no worse than anyone else. A duty brief works for a solicitor company thats on a retention list. The police call them in turn and whoever is on call is the one you get.
You wont get a second best or a newly qualified you just get the next available.
If the charge is something of a reckless nature then the point to prove was neglect. To prove neglect you have to prove that a reasonable person could have or should have foreseen that there actions would cause the negative outcome.
If you are sure that you were not neglectful then its easy to prove the above. Although it sounds like its in a specialised area the points to prove will be the same across the board.
Neglect is a very very hard one to prove, and a fairly easy one to cover from a defendant stand point.
I used to do this for a living so trust me, Your duty brief would'nt be getting used time after time if he/she was not good at there job.
You wont get a second best or a newly qualified you just get the next available.
If the charge is something of a reckless nature then the point to prove was neglect. To prove neglect you have to prove that a reasonable person could have or should have foreseen that there actions would cause the negative outcome.
If you are sure that you were not neglectful then its easy to prove the above. Although it sounds like its in a specialised area the points to prove will be the same across the board.
Neglect is a very very hard one to prove, and a fairly easy one to cover from a defendant stand point.
I used to do this for a living so trust me, Your duty brief would'nt be getting used time after time if he/she was not good at there job.
25 April 2009, 06:14 PM
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25 April 2009, 06:19 PM
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The two hours after... There is a lot of talk about a prepared statement should another interview take place. A lot of talk about "be honest... what happened" The quickest way to get bailed.
What other evidence is likely to come to light so you can prepare for it. A way to keep you out of the cell for a while, maybe until next meal break.
And this is the worst part, trying to explain the finer points of law to people that..... dont find it very easy to understand the finer points of law.
What other evidence is likely to come to light so you can prepare for it. A way to keep you out of the cell for a while, maybe until next meal break.
And this is the worst part, trying to explain the finer points of law to people that..... dont find it very easy to understand the finer points of law.
25 April 2009, 06:22 PM
#42
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Yeah, I thought there's be elements of that. I would have thought that with the new system that consultation times would have dropped though.
Funny when the suspect is a dirty, stinking piece of dirt to see the face of the brief drop when are put into consultation with them!
Funny when the suspect is a dirty, stinking piece of dirt to see the face of the brief drop when are put into consultation with them!
25 April 2009, 06:28 PM
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25 April 2009, 06:46 PM
#47
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What a load......... so SNet can "bend the rules" as like the A Team you're convicted of a crime you didn't commit! No alias accounts allowed, end of..... but it seems you don't consider that applies to you......
25 April 2009, 06:55 PM
#48
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I'm pretty sure the purpose of that rule of SN was not to prevent rare situations like this where a long contributing member seeks advice of a personal nature.
It was nothing like that for me! I was detained, interviewed, arrested, put in a cell over night, taken to court for 8am and the first time I saw the duty solicitor was 2:30pm. I had no idea what to do? I co-operated as I didn't think in a million years I'd be arrested and imprisoned. I've probably totally screwed myself over by answering questions in an interview without a solicitor present.
Just the post arrest and pre interview consultation between the brief and person in custody.
25 April 2009, 06:57 PM
#49
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Really, so it's now your "perception of a rule" rather than the black and white rule itself..... interesting. But either way your breaking that rule, percieved or not.
25 April 2009, 07:05 PM
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25 April 2009, 07:19 PM
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25 April 2009, 07:25 PM
#57
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DCI is right, see here:
2. Members Conduct.
In posting on the ScoobyNet forums, you agree that you will not use the Discussion Forum, its private message and E-mail system or any other part of our site to:
· Register more than one username per member unless you have prior permission from a member of the webteam to do so.
2. Members Conduct.
In posting on the ScoobyNet forums, you agree that you will not use the Discussion Forum, its private message and E-mail system or any other part of our site to:
· Register more than one username per member unless you have prior permission from a member of the webteam to do so.
25 April 2009, 07:44 PM
#58
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Nobody was debating whether he was right and if you want to ban me and my main account (assuming you can figure out what that is) from SN for life then go ahead. You'll appreciate being sent packing from a car forum is the least of my life worries.
25 April 2009, 08:00 PM
#59
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it would be fairly straightforward, just examine the web logs, presumably your using the same IP address (same internet connection) for both, Ebay use it to flag people using diff accounts to boost auction prices from the same pc etc
25 April 2009, 08:11 PM
#60
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Well the one thing I can say is that I'm not posting from home 
However, I kindly ask any moderators that do make the association to keep it to themselves. Being arrested and imprison is highly embarrassing and being put in a cell overnight was by far the most stressful and soul destroying thing I have ever faced in my life. I was guilty of it in the past but I/we simply don't realize how precious our lives/family/friends are until you are locked away from it all. Surely you can all understand why I'd not want to tout all this about.
However, I kindly ask any moderators that do make the association to keep it to themselves. Being arrested and imprison is highly embarrassing and being put in a cell overnight was by far the most stressful and soul destroying thing I have ever faced in my life. I was guilty of it in the past but I/we simply don't realize how precious our lives/family/friends are until you are locked away from it all. Surely you can all understand why I'd not want to tout all this about.