Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**

[Blackcat13]

Spent all night reading and it seems it’s made my stress levels and anxiety through the roof. 
There seems such a range of different ways of dealing with this from fines to a criminal conviction which doesn’t seem right as two people who have committed the same crime have had different sentences/convictions. 

[honeybee13]

Have you re-read what Man in the Middle said in posts 35 ad 44? I think it's worth going back over those.

 

Also, he mentions seeing the duty solicitor.

 

HB

[Blackcat13]

Yes, I am going to ask to see one when I arrive today. I don’t see what help it will be though 

[honeybee13]

You won't know unless you try.   A bit of support won't go amiss.

 

HB

[Blackcat13]

True. Will they actually appear in court with me? 

[honeybee13]

I'm not sure for a blue badge case, I'm afraid.

 

What time are you due there?

 

HB

[Blackcat13]

1030

[honeybee13]

Post #44 has a lot on duty solicitors. Have you allowed some extra time so you can speak to the DS?

 

HB

[Blackcat13]

Yes I’m going to get there earlier, isn’t so easy as I’ve got to drop my children off at school first 

 

[Blackcat13]

There is no one here for me to speak to 

[honeybee13]

No duty solicitor?

 

HB

[Ethel Street]

If no duty solicitor can be found tell the Usher when they come to collect you for the hearing that you've asked to see the duty solicitor for advice  but the solicitor still hasn't seen you.

 

Re-read Post #35 by Man in the middle explaining why you are entitled to see the DS and be prepared to explain that to the Usher and the court.

[Blackcat13]

The prosecutor has just been about asking how I plead. As I had already seen the form saying guilty I said guilty. She said there was no need to see a duty solicitor as it should be straight forward as long as I admit what I did was wrong

[Blackcat13]

My union have just called and they have told me to ask for a duty solicitor. I have asked and there is one here for Wolverhampton but as my case is from Birmingham they are unsure if anyone will see me. 
What am I supposed to do??  

[dx100uk]

1 hour ago, Ethel Street said:

If no duty solicitor can be found tell the Usher when they come to collect you for the hearing that you've asked to see the duty solicitor for advice  but the solicitor still hasn't seen you.

 

Re-read Post #35 by Man in the middle explaining why you are entitled to see the DS and be prepared to explain that to the Usher and the court.

 

[Blackcat13]

There isn’t one here for me to see 

[Gick]

In that case request an adjournment until one is available. It is a tenet of English law that a defendant is entitled to legal advice before  a case is heard and a duty solicitor MUST be available if the defendant has no means of having their own legal representative.

The prosecutor is being disingenuous in saying that as you are pleading guilty, that a DS is not necessary. You are entitled to the best possible mitigation and the DS can advise on that and could present it in such a way as best serve you.

Edited September 15, 2022 by Gick

[Blackcat13]

I have been told that there is a legal advisor in the court which will make it a fair trial. 

[Gick]

That legal advisor is there to explain the law to the magistrates, He/she will not assist you in mitigation.

[Blackcat13]

I’m sat here, totally terrified of the outcome and I really don’t know what to do. Can I demand to see one. 

[dx100uk]

yes, which is why MiTM said tell the court, 

you can even state such to the judge when you get inside

state i have not seen a DS and feel it would be better if i did before we begin it is my LEGAL RIGHT

 

dx

 

[dx100uk]

11 minutes ago, Gick said:

In that case request an adjournment until one is available.

 

[Gick]

Which is why I said that you should request an adjournment until such time as you have been able to see the DS in my previous post.

[Blackcat13]

Sorry, I may sound completely stupid but this is all new to me. I haven’t a clue what my rights or not what to expect when I go in there. 
I am absolutely petrified 

[dx100uk]

just tell the judge immediately you want an adjournment as you have not seen a DS, and that is your legal right before proceedings against you begin.

 

you should be ok.

why not tell the clerk this too now

dx