Son accussed of ABH

[grandmax2]

My sone (30) accussed of ABH to ex partner and her new partner. His ex partner had moved out with their daughter of the shared flat 7 months previously.

Whilst my son was out she moved back in with her boyfriend and her daughter (11 months). son came back and thought he heard more than one male voice so stupidly went and got a fist size stone. He broke into flat the other guy came at him with golf club they fought and my son hit him with stone.

Police have pics of the guys cut head and pic of ex partner with small cut to side of face, they have made statements to police.

Son solicitor is telling him to plead guilty, even though they know that neither of the accussers will turn up at court as police looking for the man for jumping bail and the ex partner has moved and not told police new address.
Should my son plead guilty, he is currently going to Magistrate court for custody of his daughter.

thanks

[bednobs]

if you are paying for professional advice from a solicitor why are you asking random strangers?
In my opinion he is guilty and should plead so. Why would he plead not guilty when from what you have said, he plainly is?

[grandmax2]

Thank you 'Random Stranger'...my son is on Legal Aid, hence my question as I do not believe his solicitor is showing a great deal of interest. As with all parents, albeit naive, we believe our children innocent or provoked.

For a 'first time' user to post a quetion here is because I do not know where else to go and hope for valuable advise. From the curtness of your reply I guess I was misled.

[Beria]

How did your sons ex-partner get a cut to her face? Did she do it herself?

[Gmcd01]

I understand your concerns, Grandmax2. I should think that the reason for the solicitor advising a guilty plea is that it is very unethical to gamble with a client's life- i.e.: your son can get up to a third off the sentence for pleading guilty and by the sounds of it, the evidence would seem to back that up (Although I make no judgment). The solicitor would not wish to gamble incarceration for a greater term against a person [not] turning up in court. ABH carries a maximum of 5 years in these circumstances, and 20 months is a long time to have taken off the sentence. I hope this makes sense. If it is any consolation, the advice given would have been the same had I advised.

[Meg888]

I'm sorry to hear your situ and dont be put off by the ignorance of some members; the answerbank would not be a site but for the likes of us who need help. I'm not legally qualified to answer your question, but here goes. Your son did actually hit the guy, however, based on what you said, in my opinion it is provocation. I can only assume that if he was honest with a magistrate, and pleads guilty but states his case as you've told it, and, assuming he doesn't have a record for assault previously, we could hope that he gets a sympathetic trial. I would imagine he will get passed some sort of punishment, but maybe someting along lines of suspended sentence, comm serv etc. If he goes in saying not guilty but police have proof of it, judge could assume he has no remorse and grant him a custodial sentence. Unfortunatley legal aid doesnt mean the best aid but hopefully he will be treat lightly. Good luck.

[THAIBUS]

As Your son did it he should plead guilty he will be able to explain the circumstances. If only he had called police when he heard the voice in the flat they could have gone in with him and got the other guy for jumping bail at the same time.

[bednobs]

from what you have said, your son hit him with a rock. therefore he is not innocent, no matter what you would like to believe. He may have been provoked, but imagine if it was the other way round, and your son provoked someoned else who had broken in. Do you think that would give the other person licsence to bash you son with a rock? Wouldn't you want to see the other person brought to justice?

As i said, i would imagine he dosent really have a plea of not guilty, considering he did it! therefore the solicitor is giving him the correct advice. Btw, i AM giving you valuable advise, you just dont want to see it that way! my advice is that a professional solicitor has had loads of training and experience, so i would trust her/him rather than the opinions of people like myself!

[bednobs]

from what you have said, your son hit him with a rock. therefore he is not innocent, no matter what you would like to believe. He may have been provoked, but imagine if it was the other way round, and your son provoked someoned else who had broken in. Do you think that would give the other person licsence to bash you son with a rock? Wouldn't you want to see the other person brought to justice?

As i said, i would imagine he dosent really have a plea of not guilty, considering he did it! therefore the solicitor is giving him the correct advice. Btw, i AM giving you valuable advise, you just dont want to see it that way! my advice is that a professional solicitor has had loads of training and experience, so i would trust her/him rather than the opinions of people like myself!

[Joe_the_Lion]

NO NO NO. Do not plead guilty.

Wait until the day of court. I doubt very much if the statements will be whats called "Sectioned 9'ed, that is read in their absence.

If the witnesses do not show, then the case will either be adjourned or closed due to no evidence offered.

If adjourned, then it is more time to play with a build a better defence.