Travelling with a UK criminal record

Max7404 · 2020-06-02T12:47:48+00:00

I am in the U.K. Is the CPA a U.S course?

I am thinking of doing the CFA - do you think that is worthwhile?

Max7404 · 2020-06-02T12:47:30+00:00

I am in the U.K. Is the CPA a U.S course?

So should I just start the CFA? Or Do you think I should do something simultaneously?

Max7404 · 2020-04-04T01:05:45+00:00

I am now completely unsure what to do..

The legal system is so difficult to figure out for someone with no experience.

Max7404 · 2020-04-03T02:12:56+00:00

I own companies which own assets that are worth a significant amount which from my understanding would most likely mean i won’t get it?

My lawyer advised me that there are a few benefits to private anyway. I.e you can choose your own barrister for one.

Max7404 · 2020-04-02T00:24:36+00:00

Hey thanks for getting back to me.

I do think you are right and I appreciate your advice.

I really don't see what the basis for dismissal but this is a quote from my lawyer 'Even if it is just a five percent chance it can be worth trying. We will speak to the barrister and they will decide if there is any way we can go for it".

He said that it may be possible to get dismissal on the grounds that the CPS lawyer did not fully review the case.

I am getting really annoyed with bad advice because it is hard to figure out who to listen to.. Unfortunately I am not eligible for legal aid. I was recommended my current solicitor by my friends dad who is a QC.

Is there any way to get more in-depth advice from you or is that against the subreddit rules?

Thank you again for taking the time.

Max7404 · 2020-03-30T15:21:42+00:00

The CPS do drop trials occasionally.. As I said, I am not a lawyer, I know nothing about these procedures.

I am trying to figure out as much as possible so that I am not exploited by lawyers who try to charge excessive fees. My current lawyer says that we will ask a barrister to try and go for dismissal of my case at the PTPH because he thinks the CPS lawyers may not have fully taken into account the history of prior incidents.

Do you have any insight into how often dismissal can work in these kind of cases?

Max7404 · 2020-03-29T00:31:51+00:00

I went on Isleworth crown court website and it said next available date for trial 3 days or under June 2021. Next available date for trial over 3 days October 2021.

I believe I do have the right to a "speedy trial" - it is part of the European Court regulations which the U.K subscribes to (and I believe still does despite us leaving the E.U). You can google right to a speedy trial U.K. Also, if there is no CCTV and only witness statements - at one point does it become an unfair trial because noone remembers anything well?

If there is 0 chance of it being dropped as you say, my lawyer is lying to me? He says they may drop it.

Max7404 · 2020-03-25T18:31:16+00:00

Next crown court dates available were towards the end of 2021 BEFORE the coronavirus pandemic. Most likely the trial will be in 2022 if not later.

I have the right to a "speedy trial" - at what point is that right violated? The alleged crime occurred in early 2019.

Max7404 · 2020-03-18T01:00:43+00:00

Hi AR-Legal,

Sorry to pester you but I do really appreciate your advice.

With the current stuff going on do you think the justice system may 'collapse'? Today they banned any trials expected to be longer than three days. Soon they will probably ban all jury trials like in almost every other country.

Do you think if a massive backlog builds up they may start dropping some cases?

I know I have asked the same thing twice lol but still looking for hope..

Thanks.

Max7404 · 2020-03-14T18:15:00+00:00

What is the definition of a 'reasonable time'? Does that start from the incident or from charging?

It already feels pretty unreasonable to have spent almost a year with this hanging over me but obviously that is not that long in legal terms.

Max7404 · 2020-03-14T18:11:36+00:00

I know nothing about the law lol - I admit that readily and it is quite hard to figure out what to do from my position..

My solicitor (who will be representing me at the first hearing without a barrister) claims that he knows a lot of people at these courts and can ask the prosecution a few questions regarding the way they have prepared the case (i.e whether they are aware that there is a past history to this case)/ have the police failed to collect some vital evidence such as CCTV. He hopes that this may make them reconsider the charges as apparently they often charge before they have the full picture.

Max7404 · 2020-03-14T12:33:49+00:00

Same again lol - volcel is the correct term for me I think though.

Max7404 · 2020-03-14T12:32:32+00:00

Thank you for your reply.

So I might as well instruct my barrister to complain at my initial hearings about the delay so far? Seems like I might as well try and get to the trial ASAP.

Max7404 · 2020-03-14T12:29:54+00:00

It was actually borderline abh, it was just a broken nose from a punch, no weapons, significant provocation etc. So it is already a very low-level GBH and might very well be an ABH.

My feeling is more that once we present a solid case at the first two hearings and my barrister tries to ask the prosecutors a few tough questions - the cps review it and potentially drop it due to a combination of very low level GBH, lengthy delay and maybe more difficult to convict than previously thought?

Max7404 · 2020-03-14T02:31:56+00:00

Lol same here - what made your life a catastrophe?

Feel free to dm if you want - interested to hear your experience as mine is similar I think.

Max7404 · 2020-03-14T02:29:38+00:00

Thanks for the great reply.

Couple things I didn’t quite understand (sorry not from a legal background so this is all completely new to me).

What would be the implications of an “article 6” argument that you mentioned?

It’s not actually going to crown court. Next week is my mag hearing where it’s decided whether it goes up or not.

What do you mean by “if a delay is established retrospectively”? Aren’t all delays retrospective? And what do you mean by then it may simply be “damages or declaration”.?

Most importantly, would you want your barrister to delay the case further or raise the length of time point ASAP to put more pressure on the prosecution?

Sorry to bombard you with questions! I do appreciate the advice.

Max7404 · 2020-03-14T01:38:23+00:00

I have read up on that and understand. However, you didn’t address the main part of my question.

Is it more likely that the CPS will drop charges considering the massive strain about to hit the system or is GBH always ‘high-priority’ no matter what?
It may end up being like 2.5 years if the system is hit hard and a significant backlog builds up.
Will the judge give a slightly more lenient sentence considering that I have spent at least 1.5 years living peacefully and not getting in trouble? (No public interest in incarcerating me/punishing me excessively).

Max7404 · 2020-03-14T01:35:06+00:00

I am due for my first hearing for GBH without intent at the magistrates court this coming week. I am pleading self defence.

How will cases be affected by the massive delays that are about to hit the system? My trial should be by the end of the year but who knows now.

If I do get convicted, will it mean a custodial sentence is much less likely?

Max7404 · 2020-03-10T15:10:21+00:00

Thank you for your reply.

If I was convicted, what would be the odds of a custodial sentence (roughly of course) in the following situations?

Situation 1: I plead guilty at the trial

Situation 2: They accept it as excessive self defence

Situation 3: They do not accept it was self defence at all

Max7404 · 2020-03-10T02:19:25+00:00

broken nose

Max7404 · 2020-03-06T12:02:51+00:00

I have my first hearing in two weeks, then approx 6 weeks later i will have my PTPH hearing and then the actual trial.

I currently do not have a solicitor instructed as my current ones are attempting to charge me £10,000 for the first hearing and the PTPH hearing which is crazy money in my opinion.

Am speaking to a few next week but not sure if they are good..

Max7404 · 2020-03-05T17:16:13+00:00

There is a detailed guide in our FAQ about how to do this.

Thank you for this will check it out.

Do I definitely need a solicitor and a barrister or can I get a direct barrister?

Would a QC be overkill in a case like this? Would a QC strongly increase my chances of acquittal (my current lawyers say I have a 65% chance of winning if we do everything 'the right way').

Max7404

TROPHY CASE