The Legal System - A Rude Awakening.

Read back a few posts and you will be able to learn everything there is to know about my recent legal troubles. I thought by just researching the law and the specific charges against me, that I knew everything I needed to know about the law. The law specifically related to common assault.

Boy was I wrong!

I had my court date this past Wednesday, I wasn't nervous about it, I was so confident that the system would see the incident for what it was and I found calm in my faith that the legal system works most of the time. What were the chances that it would go so very wrong for me.

I was there just after 9am, my friend Paul came to meet me and he briefly coached me on what to expect, he is a contract lawyer and although he didn't specialize in law, he had good understanding of the processes involved.  It didn't take long to be seen by the duty solicitor that was assigned to me and after a few moments of searching for an interview room, we started to discuss the case. We went over what happened, my recollection of it at least, we discussed cost to hire him if the case went further and we talked about what my plea would be.

Not guilty.

When we were called into the magistrates court room, my heart was in my mouth. It was a weird mix of anticipation, excitement and fear. I was asked to stand and give my name to court room. The court room which consisted of  my solicitor, two members of the prosecution and 5 members of the magistrates court. I was then asked to confirm my address and date of birth. When I was finished, a member of the magistrates listed the charge against me and asked me how did I plead.

Not guilty.

The magistrates, the prosecution and my solicitor then discussed the case, my 'good character' and the events of January 14th 2012. Between them they agreed that there would be a trial to take place on May 18th, in which I would answer to the charges. I though to myself damn! I really wanted this to be done today! But if it was going to go any further, I might as well relish the opportunity to have my say. Have my day in court.

Not guilty.

Luckily, I was essentially free to go until then. No bail, nothing. I just have to wait. Oh and something else which kind of sucks, I am not eligible for legal aid and will have to pay for this thing out of my own pocket!

Not guilty.

Criminal Conviction.

You might remember, last month, I shared the story of my being arrested with you. If not, you can read it here.

You might note that I might have been rather flippant about the whole affair. Laughing it off as just one of those things that sometimes happens to us. Well, I can assure you now, there is nothing laugh worthy happening right now. Last week, I had to answer bail for the incident, I had just started my new job and it was scheduled for the afternoon and I couldn't make it till almost 18.30. I was re-bailed again for today, the day of love.

I wasn't that worried, I was expecting that I would be re-bailed again for a later date and sometime between then, notification that the issue had been dropped. All that came crashing down this evening when I was informed I was being formally charged with Common Assault - Contrary to the Criminal Justice Act 1988, for those who wanted the specifics.

When I was first arrested I didn't take legal counsel, I didn't even feel it was necessary, I didn't want to waste anyone's time. Anyone else's that is. So when I got the charges and the bail conditions, I considered representing myself. I guess, I still wasn't taking it seriously, even then.

I have a keen interest in the law, especially criminal law, I enjoy the philosophy and theology  behind it and I figured, that I probably wouldn't have the chance to represent myself in court again and what a good way to make the best of what seemed a really silly situation. So, I get home, still optimistic that I was doing the right thing, secure in the knowledge that I didn't do anything wrong.

But as I began to research the charge, what it entailed, what it meant, how I would defend myself against it, I started to get upset. I was mad, I am mad! There are so many holes and inconsistencies in the entire process that were not followed, no option to respond to the charges. The Common Assault charge should have applied to all parties involved but only applies to myself and my friend Ali.

My charge had some bail conditions though, I have to attend an Alcohol intervention program at least once before the court date and I am not allowed within a license premises within the City Centre until my court date which take place on March 7th.

Now, and I hate to sound like some kind of soap boxer - but I want justice! I have sent some emails to some solicitors and preparing everything to defend myself in court. Legal aid is not always reliable, so I plan on being as heavily involved in my defense as possible.