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Old 9th Nov 2008, 17:28
  #12 (permalink)  
Sunfish
 
Join Date: Aug 2004
Location: moon
Posts: 3,564
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Run like hell to a solicitor and be prepared to spend some money.

You poor sod Stratus.

Leafblower is correct. Run like hell to a solicitor and be prepared to spend some money.

Don't talk to just ANY Solicitor, make sure you have a good one who specialises in "crash and bash", and do exactly what he says. My advice (and I am not a lawyer) would be you will need to be represented by a good Barrister, perhaps even a QC or Senior Counsel. The guy you need is probably one of the people that defends drunken League football stars.

I'm sorry to tell you that the your statement:

I was told it is highly unlikely that I will be convicted and that I will receive a diversion from the courts (where I receive no criminal record and have to pay a certain amount of money to a designated charity).
, if correctly reported as spoken by Police, is highly, even criminally, misleading Police advice, and it's a very old Police tactic. You must not believe a word of it.

It's designed to lull you into a false sense of security so that you make no plans, or only minimal ones, for your defence. That makes the Police prosecutors job of getting you convicted very, very easy.

You appear at court at the appointed day with no preparation and no lawyer, let alone a good Barrister, no witnesses, and no testimony because you expect nothing more than a "Tut Tut" and an admonition from the Bench.

The Police Prosecutor then leads with his comprehensive witness statements, testimony from the Police Officers involved and a medical report or two.

The Magistrate looks at you, then back at the Police. Your jaw drops. You have very little to say because you believed that friendly Constable on the telephone didn't you? You have no case, let alone anyone to argue it for you, and no one to expertly cross examine the prosecution witnesses on your behalf, because you didn't think your case warranted it did you? You now realise that you've been properly ****ed over by the Cops.

When the Magistrate gives you a custodial sentence there is no point in saying "But the Police said....!". "This will ruin my chances of being an airline pilot!" Too late! No diversions for you. The Constable you spoke to on the phone is not in Court and what he said is irrelevant hearsay anyway. It's the Magistrate who makes the decisions, and if you get one who decides to be an @rsehole on the day then you are in big trouble.

Please fight this one like you have been charged with murder and apply resources accordingly, starting with a good Solicitor and then a very good Barrister who is used to ****ing over Police Prosecutors. Budget around $20,000. If Alcohol was involved, you are going to need evidence that you have done an anger management course and that you are now dry forever. A psychiatrists report may be useful as well. Your charity work may also help. Through your Solicitor, you are going to have had to express remorse and probably pay compensation in advance. You may even be able to get the charges dropped if your solicitor is good.

To put it another way, have you seen those contrite looking footballers who went the biff at a Pub or nightclub and got away with it in the newspapers? That doesn't come cheap.

I'm sorry to say I've seen this Police tactic used many times. My brother is a Magistrate.

Good luck.

Last edited by Sunfish; 9th Nov 2008 at 21:11.
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