Wrongly jailed for child assault that I did not do.?
Firstly I was sent to prison wrongly in March 2005 for 12 months. My legal brief failed to handle my case properly, as a result the time expired before one could appeal. Can this case be re-opened.?
Answers:
No.
Get a different lawyer. Ask that lawyer.
Sounds ot me like you were found guilty.
Sometimes innocent people are found guilty.
Lawyer appeal is complicated.
It may not be good enough to show evidence that your lawyer should have used in the orginal trial but failed to do so.
I think lawyer needs to show evidence that was not known at time of original trial.
In any case, you need a lawyer to deal with this for you.
You can ask for the case to be reviewed but you may reach pensionable age before they get round to it. Contact your C.A.B.
As with all cases you can contact the Criminal Cases Review Board here in the UK who look into possible errors in criminal court matters.
They are very good at what they do however,the difference with these people is,you have to prove you were treated wrong.
You can contact the Solicitors Complaints department at the Law Society if you feel your solicitor/barrister acted wrongly.
Both these organisations have web sites.
Google both and there will be links.Good luck.
Yes it can. You are allowed to appeal out of time if you have a good reason to justify the delay. Your justification was the professional neglect of your solicitor and barrister (the solicitor should have kept an eye on the calender). You need to go to a different solicitor, and make sure you lodge a complaint with your previous solicitor so that you can show the court of appeal that the delay was not your fault.
Remember also that you cannot go to the Criminal Cases Review Commission unless you have first gone through and been refused by the Court of Appeal
Be aware though, to appeal you need fresh evidence that was not available at the time of your trial or, if it was available, was not used. Unless you have this, you will not be successful. Do not just appeal for the sake of it!
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