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i pleaded guilty to multiple offences involving children.

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I pleaded guilty to multiple...
I pleaded guilty to multiple offences involving children (all relating to images and gross indecency). I was convicted and served time in prison but I now realise that I should not have pleaded guilty but my solicitors offered me no support to plead my innocence.

How can I, two years after I finally was released, get the trial I want to plead my innocence? I feel I cannot live feeling I have not been fairly treated by the state.
Submitted: 8 years ago.Category: UK Law
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6/10/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,554
Experience: Over 5 years in practice.
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How long did you serve?
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Customer reply replied 8 years ago
I was given a 30 month sentence. I served 15 months of that but on release, because I found that I could no longer see my son, I got recalled when, amongst other misdemeanours like objecting to sharing my room at the hostel where I had to reside and making a sympathetic remark to a crying child whilst on supervised contact for my son, I went to his school for a parent's evening without getting prior permission. My recall lasted for over two years which was virtually the entirity of my licence period.
Solicitor: Jo C., Barrister replied 8 years ago

Sorry, I've just realised what you are asking.

 

You cannot do that now. You pleaded guilty which is the first problem. Appeals from a guilty plea are just not a possibility in practical terms. In addition to that, you are time barred from any appeal. You should appeal within 28 days and, although, there is some tolerance sometimes, not for some two years.

 

 

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Customer reply replied 8 years ago
I cannot just live with this. i must be able to do something. I cannot be the first person to have been in this situation and I need to have it resolved in a way which lets me see that I was given an opportunity. Whilst I ultimately decide to go guilty, I was made to do so under a determination from my legal team to make the whole matter speedy and over. I recognise that normally the process is deemed over but what does someone like myself, eaten up by this sense of not having been given a chance to launch a proper defence do? If I had lots of money, I am sure it would make a difference. Would I have to plough lots of money into my case before it would be taken on?
Solicitor: Jo C., Barrister replied 8 years ago

No, you cannot do that however much you spend.

 

Best of luck with this. Its as I've said Im afraid.

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Customer reply replied 8 years ago
Relist: Although I accept that there are many constraints regarding my request to have my case looked into again, I cannot accept that there are absolutely no legal courses of action. Even if they are very difficult, there must be other options after the court of appeal, like the supreme court or the european court of human rights. It cannot be that someone who feels strongly that they need legal redress cannot get it whatsoever.
Although I accept that there are many constraints regarding my request to have my case looked into again, I cannot accept that there are absolutely no legal courses of action. Even if they are very difficult, there must be other options after the court of appeal, like the supreme court or the european court of human rights. It cannot be that someone who feels strongly that they need legal redress cannot get it whatsoever
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,313
Experience: family solictor with 25 years experience
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hi

my colleague is correct

you entered a guilty plea and were sentenced accordingly - you cannot now change your mind i am afarid

claire

 

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Solicitor: Jo C., Barrister replied 8 years ago

If a defendant wants to fight a criminal charge, on the whole, they don't plead guilty.

 

 

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Customer reply replied 8 years ago
What if I felt forced into giving the plea I gave. I would not have pleaded guilty had I not been advised to by my solicitor and barrister. They did not avail me with the repercussions of pleading guilty, nor did they present a positive scenario of if I were to fight the case. It was by no means an obvious case of guilt and I feel I was not given the regard as a case worth fighting because my legal team were not bothered.
Solicitor: Jo C., Barrister replied 8 years ago

 

But surely you knew you were innocent? And if you were innocent you wouldn't have entered a guilty plea whatever you were told?

 

An intelligent man like you is free to reject advice

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Customer reply replied 8 years ago
I was in shock and believed in myself less because I was thrown into prison as a guilty man as soon as I was arrested. Getting no support from my team only emphasised my plight and at that point, the idea of getting out earlier was made more attractive and the idea of fighting for my innocence was made to see futile and dangerous for me.

In those circumstances, it is hard to reject the advice so now I want a chance to properly vindicate myself. What are my options (even if I am aware my chances are slim)?
Solicitor: Jo C., Barrister replied 8 years ago

Yes, I understand all of that. But you knew you were innocent and would not have said that you were guilty even if you were in shock. Actually people in shock generally say nothing rather than admit to things they haven't done.

 

You have no options for the reasons I've explained.

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Customer reply replied 8 years ago
No, people in shock do what they think others around themare telling them. I was thinking about getting back to my family, limiting the damage to my young son, suddenly without his father and wanting not to prolong my stay inside any longer than it was. Under those circumstances, I felt compelled to say guilty because my brief was not giving me an alternative to feel positive about, even though I was saying I was not guilty. In the end, I felt I should just take their advice but it was the wrong thing to do because I could defend build a defence upon children being naked in my presence after their bath, especially as there was no sexual behaviour involved in anything that was happening in any videos I had. In fact, it was a normal family scene, except for the nudity. i think there was a good chance to defend that but my barrister wasn't keen because it seemed she had bigger cases to be involved in.
Solicitor: Jo C., Barrister replied 8 years ago

I'm afraid people in shock do not usually admit things that are not true.

 

Your barrister may well have taken that view, but you still didn't have to plead guilty.

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Customer reply replied 8 years ago
I cannot believe that you are insisting that people in shock will always (or even usually) do the right thing. Evidence is surely littered with examples of people in shock doing or saying what they think others around them want them to. I just feel the 'nature' of my offence just completely leaves me open to prejudice and an inability to see situations that would seen differently if it were even a murder that had been committed. I completely reject your efforts to tell me being put in an extremely stressful situation will have no bearing on your state of mind and cannot influence someone to think themselves more wrong than they actually are.
Solicitor: Jo C., Barrister replied 8 years ago
OK. Good luck then.
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