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Posts Tagged ‘case studies’

Racially or Religiously Aggravated Threatening Behaviour

Steve Williams of Forrest Williams

 

Racially or Religiously Aggravated Threatening Behaviour

 

What does it mean to be charged with racially or religiously aggravated threatening behaviour?

 

We were recently contacted by a gentleman who was charged with a Public Order Offence, namely using threatening, abusive or insulting words or behaviour, or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress.  He was also charged with the racially or religiously aggravated offence.

 

Our client did not really remember much of the alleged incident. Our client accepted that he was drunk. He accepted that he may have been loud. He even accepted that his behaviour could have caused concern. But he did not want to plead to something he did not remember and he was certain that he would not have been deliberately racist or religiously offensive.

 

We discussed this and agreed that we would obtain all the evidence from the prosecution before advising him on a plea, including the statement of the ‘victim’, any witnesses along with CCTV of the interaction from the petrol station.

 

The CCTV had no audio, it was a petrol station forecourt so at best it showed our client’s body language. It showed him exiting his car and walking across the forecourt to the station serving window and a verbal exchange happening. He then returned to his car before once again returning back to the shop and rattling the doors – seemingly trying to get in. This, combined with the statement of the victim, did suggest that some level of alarm was caused – we therefore advised our client to plead Guilty to the basic offence.

 

For the Racially or Religiously Aggravated Threatening Behaviour we looked to the victim’s statement. For an offence to be considered “racially or religiously aggravated” it must meet the following criteria:

 

  • At the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group

Or

  • The offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based upon their membership of that group.

 

From the victim’s statement we did not believe that either of these were proven and advised our client accordingly that a Not Guilty plea could be appropriate – the victim even said that our client did not say anything directly racist! Our client, when the comments were read back to him, was able to explain to us that it was a political discussion, that he was trying to provoke a debate – and his comments were very clearly not directed at one particular religious group or racial ethnicity as for each he commented on what could be seen to be it’s political opposite. He explained to us that certain comments were more a political commentary on the ‘tit for tat’ situation that appeared to be in place between religious extremists at the moment.  He certainly had not intended to be deliberately racist or religiously offensive.

 

We supported our client through the initial hearing, and then in the run up to and during the trial. Our client knew that he had a team of experts on his side that believed in him and were fighting for him. And when the verdict was read out and sentence passed he was happy with the outcome.

 

If you are charged with an offence and want a team who will listen to you, support you and fight for what is right for you then give the Forrest Williams team a call on 01623 397200 . We know that it’s not just about the offence, we understand that this is about you, and we will work with you to obtain the best possible outcome for you.

 

Burglary Solicitors Get Investigation Dropped

 

 

 

Burglary Solicitors Get Investigation Dropped

 

We were contacted quite some time ago by a father concerned about his son. You see his son had gone out with friends one evening.  He had been drinking, he had taken drugs, and now he was being investigated on suspicion of committing a number of offences – including Burglary and breaking into and stealing from a number of vehicles. At this stage he had not been charged with anything, he had been arrested and investigations were ongoing. The tricky part here was that the defendant had no recollection of the events of that evening at all – making it hard to raise an effective defence from the start.

 

We were not the first company he had contacted. He already had a solicitor lined up ready to meet with his son at the interview in 6 weeks time. He just felt helpless, he felt like there must be more he could do. We know this because he told us, he was very open and honest about the position when he contacted us. He explained that he had already spoken with a company who had confirmed they would have a solicitor (name to be confirmed at the time) at the station, they then thanked him for his instructions and advised they would see him on that date. But what about now? What about the next 6 weeks? What could he be doing to help his son in that time? That is what he wanted to know.

 

The issue with Legal Aid is that it limits the work that can be done.  So yes they could and would arrange for a solicitor to be present at the interview (everyone is entitled to free representation at the station irrespective of potential charge or their income) but they would not be doing work before this time – they had no remit to do so and would not be paid for this.

 

Private burglary solicitors, however, such as Forrest Williams, can do a lot in that time. We can take a full statement from the accused, and from any friends who may be able to support or shed light on the situation.  We can undertake investigations to secure time-sensitive evidence.  We can liaise with the police to try to obtain further details of the evidence against the accused.  Above all we can be a source of support during that time. The father instructed us to help his son.

 

Initially our client was arrested on suspicion of the following:

 

 

Our client accepted the drugs offences, he knew he had taken drugs and believed it was highly probable he would have still had a small amount of each (Cannabis and Valium) on him. He did not think he would have broken into any cars and was certain he would not have burgled someone’s house – he felt sick at the mere thought of these latter offences.

 

The Officer in this case was very happy to accommodate our requests for information, she knew that the best way to get to the bottom of this was to work with us to talk. She provided us with a list of the recovered items, she explained the strange circumstances of the ‘Burglary’ – and because of this we were able to talk through these with our client. Our client, though distressed at the idea, accepted the Theft from a Motor Vehicle offences – because the list of items and circumstances “rang a bell”.  He very definitely maintained that he was not guilty of the Burglary, and this was his main concern.  As burglary solicitors, we understood our client’s fears about being charged with this serious offence which he completely denied.

 

We arranged for our client to be represented at the station by a qualified individual familiar with his case.  Because of this and our preparations we were able to ensure that the interview was a productive one not simply a ‘no comment’. Following this our client was charged with the offences he accepted but, most importantly, he was NOT charged with the Burglary offence.

 

We continued to support our client and his family in the run up to the court hearing and arranged for one of our expert Barristers to represent him at this time.  We were even able to arrange for him to meet with the Probation Service before the hearing to ensure that there was not a requirement for a further hearing because we knew that our client needed to be able to accept the penalty to be able to move past his mistakes.

 

Both our client and his family were very happy with the service they received from Forrest Williams, with his father commenting at the end that he was glad he had trusted his gut and sought a second opinion.

 

If you are being investigated and need burglary solicitors on your side, then give Forrest Williams a call. Our dedicated and trained team will listen to your situation and advise you as to the best way forward for you.

01623 397200

 

 

Fraud By Abuse of Position

Kirsty Day of Forrest Williams

 

Fraud By Abuse of Position

 

It was the day before Christmas Eve, normally where offices have got Christmas music blaring and staff playing Christmas themed crosswords and mentally “switching off” before the festive break.

 

Not Forrest Williams.

 

I received a call from a young woman who sounded very timid and worried.  She had a court case currently underway and was using a Legal Aid solicitor who she didn’t feel was doing enough to help.  She wanted to speak to someone who she felt would care about putting the effort into helping her. She came to the right firm.

 

Laura was under investigation for Fraud by abuse of position, namely that she had been working as a sales assistant and dishonestly abused this position to make a financial gain of £9,000.

 

Laura was very remorseful – she had been going through a lot personally and was trying to battle her depression by working through it when she should have been taking the time off work.  She lashed out the only way she knew how.

 

Her court case was on New Year’s Eve. Instead of telling Laura we were unable to help due to the close proximity of her case and the time of year, I made sure I did everything possible to help her even though I was off over the festive period myself!  I instantly provided her with all my contact details, promising to come back to her via email, call or text as soon as I could even when off work, and also rallied our amazing team together to make sure that everyone knew of Laura’s case and would be able to help during our minimum staffing levels.

 

When you call Forrest Williams your call is answered within 3 rings by a lawyer who can help. I wonder how many other firms would have offered Laura the same service, especially at Christmas time?

 

Laura appeared at the Magistrates Court on New Year’s Eve with an experienced criminal barrister to represent her. We were confident we had a fully prepared file; Laura was confident that her barrister would fight her corner. Imagine our surprise when the prosecution decided to replace Laura’s charge of fraud by abuse of position of £9,000 up to fraud by abuse of position of £30,000!

 

The case was sent up to the Crown Court.  My constant liaison and pressure on the prosecution between the two hearings meant that I managed to secure Laura’s original charge and have the prosecution withdraw the higher amount of £30,000. The difference in terms of sentencing options for these two amounts was huge, with a custodial sentence much more likely for the higher amount.  Laura was ecstatic and couldn’t believe that the hard work of Forrest Williams behind the scenes had managed to secure this.

 

Laura appeared at the Crown Court with the same barrister and we managed to work towards a favourable outcome for Laura. Her custodial sentence was suspended meaning Laura could now focus on working through her depression and concentrate on her upcoming wedding.  She was eternally grateful for the determination of myself as her dedicated case worker, the friendly help of calling through to a member of the team willing to help on every phone call, and the continuity of the same barrister attending her hearings.

 

Switching from Legal Aid to a private firm potentially saved Laura from going to custody.

 

If you feel your Legal Aid firm aren’t doing their best to work on your case and want the full benefits of instructing privately; or you know your life is too important to risk not having the best legal help, please call our team on 01623 397200.

 

 

 

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