FALSELY accused of racial crime

[Michelle_D]

Hi, my husband was recently falsely accused of Racially aggravated harrasment/alarm/distress contrary to Section 31(1)(c) and (5) of the Crime & Disorder Act 1998.

He was travelling in his car and was cut up by another driver, my husband beeped and swore at him and the other driver slammed on his brakes, got out of the car and angrily shouted "whats your effing problem?" My husband got scared and quickly locked his doors and wound up his windows.

The next thing we know is that later that evening the police arrest my husband on the above stated charge as the other driver called the police stating that my husband had been hanging out of his car window shouting "you effing n*****" over and over again - this really isnt my husbands style of behaviour! Unfortunately the other driver also had his girlfriend in the car who is also saying this happened so it is their word against my husbands. And throughout this my husband has really been treated as a criminal by the police, when ironically he is actually the victim :o(

Unfortunately we have been unable to access Legal Aid and are unable to afford a solicitor or any legal guidance (although the other driver has the full weight of the CPS on his side for free) and therefore my husband will be standing up at a Magistrates trial TOMORROW completely UNREPRESENTED!

My husband works in the supported housing sector with vulnerable adults in minority groups and therefore this charge could be life-changing because if he is found guilty he will lose his job and career.

Does anybody have any advice, suggestions, help or guidance they can offer as i am very scared that my husband is going to be found guilty for a malicious claim that he really didn't do.

Thanks

[Dee Sa]

I havent got an answer other than to get legal representation quickly.
I wish him well and sincerely hope he doesnt loose his job.
Dee
ps if a union member they ay be able to help.

[Michelle_D]

No union and no hope of legal representation, we have tried every avenue that we can think of to get representation :o(

[anneasquith]

have you tried C A , ?

[katekoala]

hi
maybe its work looking at the website below and ringing them to find out your rights (i have no idea how you arent entitiled to legal aid?)

http://www.direct.gov...ceAndTheLaw/index.htm

[danchip]

get him to see the duty solicitor when he goes to court tomorrow, they will atleast give him sme advice and may even get the case adjourned to allow him to get legal advice!

You say you cant afford representation, many solicitors let you pay the fees in monthly installments could you not do this

[Michelle_D]

Yeah, the best advice Citizens Advice could give was "you need a solicitor" - which we already knew but cant afford. We are not eligiable for Legal Aid due to income, (apparently the Tories recently raised the qualification threshold) however we are barely scraping by and paying bills with our household income. We even appealed the decision but no change.

I am really looking for help, advice or guidance for my husband to represent himself?

[Michelle_D]

Danchip - He tried to see the Duty Solicitor the last time he was at court when he entered his plea (not guilty) but was unable to due to being refused Legal Aid!!!!
I wasnt aware that solicitors accepted monthly payment plans and we certainly havent been offered anything like that

[danchip]

the only way your husband can deal with this yourself is to go into the court and deny it and hope he is more believable to the other 2 involved.

He then has to hope the magistrates believe him

[danchip]

Duty solicitors are provided by the court and are free

Ring the court now, ask them which solicitors are on the duty list and give them a ring and ask about paying monthly, firms who work as duty solicitors are more likely to agree to monthly installments

[katekoala]

if he has to defend himself I would see if it was possible to delay the case and then obtain character witnessess

[Amber-Rose]

Is the Hearing tomorrow really for trial? If so, why has it taken you so long to get advice, there must have been preliminary Hearings. Was he represented then? My suggestion to you would be attend Court - EARLY, seek out the Duty Solicitor who will be there and ask him/her to represent you just for the day to request an adjournment and then I would strongly advise you to seek your legal help - even if you have to pay for it, I think its worth it, if upon conviction your husband could lose his job. Good luck.

[Michelle_D]

Danchip: Just rang the court, they wont release who the duty solicitors are until tomorrow morning! The duty solicitors are only free to employed people if it is an imprisonable offence - which this isn't (thats the only saving grace in this).

AmberRose: Yes it is tomorrow :( we have been spending our time trying to obtain advice from other legal outlets ie trying to get legal aid etc. I didnt think for one moment he really would have to represent himself - it seemed ludicrous that a random angry person could just claim to be racially abused and then we would have to pay more than we can afford to prove the accusation to be lies. There was a previous hearing where my husband pleaded not guilty and he was not represented then either, the case was then adjourned for the CPS to get their two 'witnesses'. Unfortunately we would not even be able to afford monthly payments. The solicitors that we approached wanted between £800 - £1800 for representation, and we dont actually have enough money to pay all our bills etc this month without the cost of extortionate solicitor fees.

Katekoala: We have character references from his boss and also from a social worker who is a close friend.

[danchip]

most solicitors offer a free 30min consultation, have you even done this

[katekoala]

i absolutely feel for you both. this is exactly what I was saying on another post - this country has just come down to fleecing people for what they can. How awful that your hubby has been accused of something and you have to prove he's innocent. i guess ultimatley, if he has to represent himself he can only be honest, clear, concise, provide his character witness statements - hopefully the court will see right thru that vindictive pair of liars ! xx good luck

[danchip]

Type Your Answer Here...this happened to my uncle a number of months ago, luckily for him the police saw it for what it was and didn't let it get as far as court.

Unfortunately its part of many peoples cultures these days that when something doesn't go their way they claim the race card whether they have been racially abused or not, it'll get top the point where people who are actually racially abused will not be believed because of these false claims.

I hope for you and your husband that the magistrates see this for what it is and throw the case out!

has your husband seen the witness statement from the other people?

[wolf63]

I know nothing about the legalities of your situation but it is worth remembering that most towns seem to have CCTV these days. If it is available then it would be able to show the length of the conversation between your husband and his accuser and maybe show other witnesses to the event.

Nearby shops etc may also have CCTV.

I wish your husband well - this situation must be overwhelming for both of you.

Susan

[chrissa1]

As Eddie said, you Can represent yourself! My husband and I have had to go to court albeit for a civil and not criminal case but we found that the Judge was very helpful to us and alowed for the fact that we were on our own.

Good Luck tomorrow. Chrissa.

[danchip]

How did things go with your husbands case?