Legal representation in court.

[Goldilocks-34]

My boyfriend is due to appear in court for a minor assault charge this Friday. however as he is out of work he has applied for legal aid. This is taking time as they need copies of relevant paperwork e.g. Bank statements,wage slips etc he also applied to get s copy of this years tax return, but it still hasn\\\'t arrived in the post (postal strike I think). Anyway Legal Aid said because of this the case ( at magistrates court) it\\\'s likely the case will be adjourned. this evening there was a message from the solicitor saying that the court had been in touch and that my boyfriend must attend with or without legal representation. My question is: is this legal? and also could there be a chance the charges have been dropped or the judge could dismiss the case, but my boyfriend still needs to attend? What\\\'s the liklihood? All answers gratefully received as I don\\\'t think we will sleep tonight out of worry! many thanks

[sara3]

if he's had a summons he has to appear, or a warrant could be issued for his arrest. he may be able to see a duty solicitor when he gets to court.

why would the charges have been dropped?

[daffy654]

He will have to attend and the judge will probably adjourn the case until your boyfriend has managed to get legal representation,or he might assign the duty solicitor to the case.

[dh001]

"My question is: is this legal?" Yes it is legal and yes your boyfriend needs to attend. He can ask the Courts for an adjournment to seek legal advice etc etc.

Does your boyfriend intend on pleading guilty?, also, would the victim be considering this offence as a 'minor assault'?

[Goldilocks-34]

My boyfriend has pleaded not guilty when he first attended a hearing at court, he had a duty solicitor but then we were recommneded another one - for which we are in the process of applying for legal aid. Because he pleased not guilty its going to magistrates court for trial, which is tomorrow. There is no doubt my boyfriend will attend court tomorrow we were just wondering why they are forcing him when we have been trying to sort out legal aid?
A quick low down of what happened was: My boyfriend pushed his now EX best friend to the side one day as he was trying to hold my boyfriend back to try and stop him entering a building . basically my boyfriend wasnt paid for a job and was trying to get his money back and get into the building to talk to the man who was refusing to pay, this friend happens to work for that company and confronted my boyfriend outside. Later this so called friend pressed charges - Assault by beating! But my boyfriend only pushed him. It may be because he was under pressure from the company he worked for but nonetheless he pressed charges. My boyfriend only pushed him out the way and later rang him to have a go at him for doing it and was angry with him, but there was no ABH or GBH involved, there was no marks on him or injury or anything. We cant believe he is doing this considering that we\'ve lent him money in the past, had him stay with us during a divorce, had him round for dinner a few times, he\'s stayed at my parents house abroad for holidays, they\'ve looked after him. So because of all this we think that MAYBE he would have dropped the charges or that it would be dismissed... Ive told everything there is, nothing hidden, it really is such a waste of time and energy and money for this to go to court... Thanks again for responses.

[dh001]

Goldilocks-34: Ok, your partner can try and request an adjournment to seek legal advice in the interest of a 'fair trial' etc. How long has he had to sort the matter out as the courts may well consider this???

Also, you describe the offence as if he has been charged with assault for pushing an ex-friend but the inference from your account is that he admits pushing him. What is the issue that your partner is contesting to plead not guilty?. And is your partner of previous good character?

[Goldilocks-34]

Hi there - my boyfriend pushed the friend aside, after his friend grabbed him first, i can only describe it as his friend walked up to him and put his arms across my boyfriend and would not let him pass, grabbing his shoulders, so my boyfriend pushed him aside but with some force and yelled "get off me!" so he is contesting the Assault by beating charge. Unfortunately he has a record for assault, but has been clear for the last 11 or 12 years - he is now 55. In fact just to let you know, he has just heard from his solicitor who says the same, he can go without representation, but he will be offered a duty solicitor. But, he said if it all goes pear shaped, then my boyfriend would have grounds for appeal and it could go to crown court. The solicitor has sent another letter to try and get it adjourned... any advice still welcome though. Thanks again.

[sara3]

if your partner has been refused Legal Aid he can appeal against that decision, but if he were to lose that appeal he will not be entitled to any assistance from the court duty solicitor. if he's not heard yet, the court may chase it up, but he may be entitled to use the duty solicitor in the meantime.

he needs to have a proper look at the wording of the charge(s). the "victim" doesn't decide what that will be, it's the CPS. he then needs to decide if he is actually guilty of that offence. if he is, he should plead guilty asap to get the maximum reduction in his sentence. he can then state his mitigation. if he's not guilty then that's how he should plead, but his solicitor should have covered all this with him.

he has to attend because that will be one of the conditions of his bail, even if the case is to be dropped or adjourned. his previous conviction may be brought up in court because it is a "like" offence, although it's quite old so it may not be.