Attacked by security guard - police blaming me!

Attacked by security guard - police blaming me!

Author
Discussion

MB140

4,092 posts

104 months

Tuesday 17th December 2019
quotequote all
Red 4 said:
I don't think "anyone" could alter CCTV footage. The prosecution could, potentially, object to it but they would need to state their reasons.
It's something we will probably never know the answer to because Milky's solicitor didn't even serve it on the prosecution !
I'm just wondering what this has cost the OP in financial terms when everything is added up.
Specifically, I'm wondering if the solicitor he used represented value for money. I think I know the answer.
I think I would be politely declining to pay the solicitor bill at this time. Is there a governing body for solicitors that you could file a complaint with. I imagine so but am not in the legal profession. I would be waiting for the outcome of this complaint before offering payment.

Assuming what MR has written is true (I have no reason not to believe him) I think he has been totally fked by his legal representation and I would be seeking to look at getting some sort of recompense (waiving of bill) for there completely shambolic representation.

Red 4

10,744 posts

188 months

Tuesday 17th December 2019
quotequote all
MB140 said:
Red 4 said:
I don't think "anyone" could alter CCTV footage. The prosecution could, potentially, object to it but they would need to state their reasons.
It's something we will probably never know the answer to because Milky's solicitor didn't even serve it on the prosecution !
I'm just wondering what this has cost the OP in financial terms when everything is added up.
Specifically, I'm wondering if the solicitor he used represented value for money. I think I know the answer.
I think I would be politely declining to pay the solicitor bill at this time. Is there a governing body for solicitors that you could file a complaint with. I imagine so but am not in the legal profession. I would be waiting for the outcome of this complaint before offering payment.

Assuming what MR has written is true (I have no reason not to believe him) I think he has been totally fked by his legal representation and I would be seeking to look at getting some sort of recompense (waiving of bill) for there completely shambolic representation.
From what the op has said he didn't even get what was promised - representation by a barrister on the day.
Barristers are not the be all and end all but the solicitor provided on the day did appear to be lacking in preparation. There's no excuse for that given that the op had discussed his case with ANother solicitor at the same firm and not even that solicitor attended. All IMO, obviously.

anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
fido said:
I’d be suing your solicitor and appealing! Am i missing something but surely the CCTV was the crux of you defence?
Great! I’ll see your appeal and raise you suing the solicitor! Anything to keep the pub lawyers here entertained.

Alternatively, with the end of 2019 approaching the OP could say “that was a weird year with a rather costly hiatus that I had opportunities to avoid completely. I’ll draw a line under that. Onwards and upwards in 2020!”.

Why entertain the prospect of stress, more stress, £50k of costs and looking like a complete knob in a sad face competition?

Some of those egging him on here are either mental (looking at you carinaman) or should be ashamed at using the poor guy to satisfy their unfulfilled lawyerly urges.

kestral

1,743 posts

208 months

Tuesday 17th December 2019
quotequote all
Red 4 said:
They do.
Plus, IME, if a prosecutor can avoid a trial on the day, especially if the evidence is not watertight, then they are sometimes happy to do a deal if it can be seen as a win for them.
I agree I have seen it many times.

kestral

1,743 posts

208 months

Tuesday 17th December 2019
quotequote all
MB140 said:
I think I would be politely declining to pay the solicitor bill at this time. Is there a governing body for solicitors that you could file a complaint with. I imagine so but am not in the legal profession. I would be waiting for the outcome of this complaint before offering payment.

Assuming what MR has written is true (I have no reason not to believe him) I think he has been totally fked by his legal representation and I would be seeking to look at getting some sort of recompense (waiving of bill) for there completely shambolic representation.
I doubt very much the OP will be able to decline paying the solicitors bill. They almost invariably have the money or at least a large chunk of it before kick off. Nice people arn't they.biglaugh

kestral

1,743 posts

208 months

Tuesday 17th December 2019
quotequote all
Roman Rhodes said:
Great! I’ll see your appeal and raise you suing the solicitor! Anything to keep the pub lawyers here entertained.

Alternatively, with the end of 2019 approaching the OP could say “that was a weird year with a rather costly hiatus that I had opportunities to avoid completely. I’ll draw a line under that. Onwards and upwards in 2020!”.

Why entertain the prospect of stress, more stress, £50k of costs and looking like a complete knob in a sad face competition?

Some of those egging him on here are either mental (looking at you carinaman) or should be ashamed at using the poor guy to satisfy their unfulfilled lawyerly urges.
It's not an appeal in the sense of assessing the case at the magistrates. It's a completely fresh start of the proceedings in the crown court with a judge(who knows the law regarding false imprisonment). It does not cost £50K more like max £4K


anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
kestral said:
Roman Rhodes said:
Great! I’ll see your appeal and raise you suing the solicitor! Anything to keep the pub lawyers here entertained.

Alternatively, with the end of 2019 approaching the OP could say “that was a weird year with a rather costly hiatus that I had opportunities to avoid completely. I’ll draw a line under that. Onwards and upwards in 2020!”.

Why entertain the prospect of stress, more stress, £50k of costs and looking like a complete knob in a sad face competition?

Some of those egging him on here are either mental (looking at you carinaman) or should be ashamed at using the poor guy to satisfy their unfulfilled lawyerly urges.
It's not an appeal in the sense of assessing the case at the magistrates. It's a completely fresh start of the proceedings in the crown court with a judge(who knows the law regarding false imprisonment). It does not cost £50K more like max £4K
Glad to have provided a little ‘pointless pedantry’ rush for you there. Suing a solicitor is free of course.

longblackcoat

5,047 posts

184 months

Tuesday 17th December 2019
quotequote all
kestral said:
Roman Rhodes said:
Great! I’ll see your appeal and raise you suing the solicitor! Anything to keep the pub lawyers here entertained.

Alternatively, with the end of 2019 approaching the OP could say “that was a weird year with a rather costly hiatus that I had opportunities to avoid completely. I’ll draw a line under that. Onwards and upwards in 2020!”.

Why entertain the prospect of stress, more stress, £50k of costs and looking like a complete knob in a sad face competition?

Some of those egging him on here are either mental (looking at you carinaman) or should be ashamed at using the poor guy to satisfy their unfulfilled lawyerly urges.
It's not an appeal in the sense of assessing the case at the magistrates. It's a completely fresh start of the proceedings in the crown court with a judge(who knows the law regarding false imprisonment). It does not cost £50K more like max £4K
Bear in mind that Milkround got a very light sentence (presumably as a result of previously good character) at the magistrates; this would have a strong likelihood of being increased if he were to be found guilty on appeal, which he almost certainly would. At which point there would be an application for costs from the prosecution. "Max £4k" costs is laughably inaccurate - unless you're using the crappiest legal advisor known to mankind it will cost you at least that much to properly prepare for a Crown Court appearance. Add in the cost of the other side and you're looking at well over £10k..........

I suggest that any competent legal adviser would counsel against launching an appeal - the chance of success is slight, the possibility of sentence being increased is high, so OP could end up with the double whammy of a huge bill and the possibility of going to prison.

OP should accept that he was in the wrong and get on with his life. If he's entirely taken leave of his senses and really feels he needs to appeal, he absolutely must get competent legal advice before doing anything else. This may well be free for an initial consultation.


milkround

Original Poster:

1,123 posts

80 months

Tuesday 17th December 2019
quotequote all
Well I have made my mind up. And this will be my last post on this thread. I hope to contribute to the website in different ways going forward, I joined because Iike cars and mechanic things so will focus on that.

I'm not going to appeal. And I'm not going to let this eat me up.

I know what I did and didn't do. I never punched anyone - and I never intentionally set out to cause problems. That's all that really matters. Sod the police, sod the security guard and sod the system which operates like this.

I had a choice - I either prolong this for 6+ more months, thinking about it all the time. Or I focus on positive things and move on with my life in a direction which I am in control of. There are so many things I want to do - and I need to put my focus on those things.

At the end of the day - I took the decision to say no to apologising for something I didn't do. I rolled the dice and lost. In the grand scheme of things big deal. My grandfather had a conviction for theft - his crime was during the miners strikes (living in South Yorkshire) he went to a slag heap and picked up discarded coal to keep his family warm. The injustice to him was far greater than any done to me.

Massive thanks to everyone who has been supportive. In the end I have learned a lot from all this - and I now know some golden rules. Don't trust the Police. If someone is being arsey record it straight away. And most of all stop worrying about stuff which in reality is not that important.

kestral

1,743 posts

208 months

Tuesday 17th December 2019
quotequote all
Roman Rhodes said:
Glad to have provided a little ‘pointless pedantry’ rush for you there. Suing a solicitor is free of course.
As regards the solicitor one just makes a complaint like anything else about a failure to provide a service.

Then if the solicitors do not accept they failed to meet their responsibilities by not turning up on time, having all the evidence ect, then send a letter before action requesting the refund of any money paid.

If the solicitors do not pay issue a small calim. If they don't pay then go to court and say what happened.

Small claim so the solicitors cannot claim costs and a small fee would be payable to take the action out approx £105 for a £3000 claim.

I doubt the solicitors would go that far due to possibility of bad publicity and costs. Some form of refund would offered.

In the OP's case he has to have the confidence to do these things. His confidence will have taken a knock due to the result of the case at the magistrates. But I do remember he indicated he would go to Crown Court if he lost at magisrates. It also takes up time that could be spent doing better things.

I think as I have said he needs to say to himself "did I get a fair hearing". If he say's he did then in time he will accept the outcome. But if he thinks he did not get a fair hearing he may find it eats away at him.

anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
OP, you've made the right decision.

I didn't donate, however those who did I'm sure wouldn't mind you using any money to take your OH out for a nice time. Living vicariously though your legal stuff won't have been easy for them, don't ask me how I know.

roadsmash

2,623 posts

71 months

Tuesday 17th December 2019
quotequote all
kestral said:
As regards the solicitor one just makes a complaint like anything else about a failure to provide a service.

Then if the solicitors do not accept they failed to meet their responsibilities by not turning up on time, having all the evidence ect, then send a letter before action requesting the refund of any money paid.

If the solicitors do not pay issue a small calim. If they don't pay then go to court and say what happened.

Small claim so the solicitors cannot claim costs and a small fee would be payable to take the action out approx £105 for a £3000 claim.

I doubt the solicitors would go that far due to possibility of bad publicity and costs. Some form of refund would offered.

In the OP's case he has to have the confidence to do these things. His confidence will have taken a knock due to the result of the case at the magistrates. But I do remember he indicated he would go to Crown Court if he lost at magisrates. It also takes up time that could be spent doing better things.

I think as I have said he needs to say to himself "did I get a fair hearing". If he say's he did then in time he will accept the outcome. But if he thinks he did not get a fair hearing he may find it eats away at him.
What are your credentials?

vonhosen

40,275 posts

218 months

Tuesday 17th December 2019
quotequote all
roadsmash said:
kestral said:
As regards the solicitor one just makes a complaint like anything else about a failure to provide a service.

Then if the solicitors do not accept they failed to meet their responsibilities by not turning up on time, having all the evidence ect, then send a letter before action requesting the refund of any money paid.

If the solicitors do not pay issue a small calim. If they don't pay then go to court and say what happened.

Small claim so the solicitors cannot claim costs and a small fee would be payable to take the action out approx £105 for a £3000 claim.

I doubt the solicitors would go that far due to possibility of bad publicity and costs. Some form of refund would offered.

In the OP's case he has to have the confidence to do these things. His confidence will have taken a knock due to the result of the case at the magistrates. But I do remember he indicated he would go to Crown Court if he lost at magisrates. It also takes up time that could be spent doing better things.

I think as I have said he needs to say to himself "did I get a fair hearing". If he say's he did then in time he will accept the outcome. But if he thinks he did not get a fair hearing he may find it eats away at him.
What are your credentials?
Has watched 2 episodes of Rumpole?

CharlesdeGaulle

26,377 posts

181 months

Tuesday 17th December 2019
quotequote all
roadsmash said:
What are your credentials?
His credentials are solid as a bull-stting wind-bag. Everything he's posted here is complete garbage, the bloke's an idiot.

To the OP - sensible choice, well done. Relax over Christmas knowing that you've made a sound decision, and don't let it fester. You feel hard done by and that's fair enough, but you might be in a minority in thinking you've been wronged. Move on, and good luck.

I've always thought you were wrong, but you've dealt with all of this with considerable openness and honesty and that does you great credit. Enjoy your Christmas, and look after your partner now it's all over.

Red 4

10,744 posts

188 months

Tuesday 17th December 2019
quotequote all
milkround said:
Well I have made my mind up. And this will be my last post on this thread. I hope to contribute to the website in different ways going forward, I joined because Iike cars and mechanic things so will focus on that.

I'm not going to appeal. And I'm not going to let this eat me up.

I know what I did and didn't do. I never punched anyone - and I never intentionally set out to cause problems. That's all that really matters. Sod the police, sod the security guard and sod the system which operates like this.

I had a choice - I either prolong this for 6+ more months, thinking about it all the time. Or I focus on positive things and move on with my life in a direction which I am in control of. There are so many things I want to do - and I need to put my focus on those things.

At the end of the day - I took the decision to say no to apologising for something I didn't do. I rolled the dice and lost. In the grand scheme of things big deal. My grandfather had a conviction for theft - his crime was during the miners strikes (living in South Yorkshire) he went to a slag heap and picked up discarded coal to keep his family warm. The injustice to him was far greater than any done to me.

Massive thanks to everyone who has been supportive. In the end I have learned a lot from all this - and I now know some golden rules. Don't trust the Police. If someone is being arsey record it straight away. And most of all stop worrying about stuff which in reality is not that important.
What you have experienced is the police, lawyers, courts and the law.
Sometimes those institutions do not provide justice. (That works both ways for both the innocent and the guilty).

FWIW I think you've made the right decision although I suspect if you had deeper pockets then you may have appealed.

Thanks for sharing your decision and have a Merry Christmas and a Happy New Year.
Don't let any of this stuff taint that in any way.
Move on. Try to forget about it. If nothing else you are wiser by the experience.

MB140

4,092 posts

104 months

Tuesday 17th December 2019
quotequote all
janesmith1950 said:
OP, you've made the right decision.

I didn't donate, however those who did I'm sure wouldn't mind you using any money to take your OH out for a nice time. Living vicariously though your legal stuff won't have been easy for them, don't ask me how I know.
MR I did donate. Spend it on the OH, take her for a meal, buy her wine and flowers. Either way I think she deserves it.

kestral

1,743 posts

208 months

Tuesday 17th December 2019
quotequote all
janesmith1950 said:
OP, you've made the right decision.

I didn't donate, however those who did I'm sure wouldn't mind you using any money to take your OH out for a nice time. Living vicariously though your legal stuff won't have been easy for them, don't ask me how I know.
Well make sure you do donate! and thanks for telling him what to do with other peoples money yikes

anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
Kestral, it's a bit weird how you consistently ignore people asking what legal background you have.

It's not as if it needs to be so specific as to identify you.


anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
kestral said:
janesmith1950 said:
OP, you've made the right decision.

I didn't donate, however those who did I'm sure wouldn't mind you using any money to take your OH out for a nice time. Living vicariously though your legal stuff won't have been easy for them, don't ask me how I know.
Well make sure you do donate! and thanks for telling him what to do with other peoples money yikes
I did and I'd rather he donates it to a.n.other good cause of his choosing.

anonymous-user

55 months

Tuesday 17th December 2019
quotequote all
kestral said:
Well make sure you do donate! and thanks for telling him what to do with other peoples money yikes
Get a life, you pathetic crustacean.