Section 37: Possession of a Firearm in a Public Place

[One.badgerinpink]

I am on trial on monday for this offence and have been told by vaious people that if found guilty i will edure a 5 year mandatory sentence is this correct?? Im not supposed to go to prison they will eat me for breakfast....

shitting myself

[Southcaver]

What the hell was you doing with a firearm in a public place?

dunno about the sentence but i doubt it will be a caution.

[process]

What the hell was you doing with a firearm in a public place

x2.

[One.badgerinpink]

it was nothing to do with me...shouldnt really go into it online...i was fleeing domestic violence at the time.....was around some bad people.....ave been pushed into acorner and wont say any different fr my own safety

[Southcaver]

Don't take the rap for someone else for fucks sake, 5 years is a long time.

[One.badgerinpink]

theres nothing i can do now....i was still in leeds when it happened and was not safe...the police asked me if i was being pressured into it and at the time i feared for my life so i said no...im on trial on monday its too ,late to change my story now they will just think ive made it up

[process]

it was nothing to do with me...shouldnt really go into it online...i was fleeing domestic violence at the time.....was around some bad people.....ave been pushed into acorner and wont say any different fr my own safety

tough one. have you got previous?

[process]

good luck btw :group_hug: :love:

[One.badgerinpink]

none at all...

[Southcaver]

Yea good luck, Talk to your lawyer see what he can do.

[One.badgerinpink]

apparently is a mandatory and minimum sentence even though its my first conviction......ive pleaded not guilty...i cant do 5 years in prison

[process]

none at all...

whats your solictitor say? id have thought that a young white (i know it shouldnt matter, but it blatently does), girl with no previous, maybe get a suspended sentance... fuck knows tho. depends on the judge i guess. did you say its going to crown? are you going to uni/got a job or anything? :love:

[One.badgerinpink]

ive always had a job but had to flee serious domestic violence in may...had to move twice since and change my name cos of it and just getting my lifeback on track

[process]

ive always had a job but had to flee serious domestic violence in may...had to move twice since and change my name cos of it and just getting my lifeback on track

not saying thats a good thing at all, but thats got to count in your favour surely. Sounds like you've been having a rough time. :love: I know i dont know you, but if you need to talk just send me a pm... i finish work at 5 tho so i wont be skiving on the computer :wink:

[One.badgerinpink]

yeah this years been a total write off anf to go to prison for something i didnt do to prevent me living in fear is totally wrong but I am genuinly in fear for my life

[process]

yeah this years been a total write off anf to go to prison for something i didnt do to prevent me living in fear is totally wrong but I am genuinly in fear for my life

shit man, dont know what to say. the guy sounds well dodgy, but to go to prison for some prick like that seems well wrong. whats your solicitor say?

[One.badgerinpink]

ive got a good chance at not guilty but if im found guilty its a 5 year minimum sentence

[process]

ive got a good chance at not guilty but if im found guilty its a 5 year minimum sentence

good luck then. ill have my fingers crossed for you. :group_hug:

[One.badgerinpink]

me too and ive come to the positive conclusion that if i do have to serve a 5 year sentence at least i will be able to study and get another degree....

[AGENT 15]

Shitty situation , lets hope the jury can see there are mitagating circumstances as to why a young girl had a firearm on her.

Was it loaded?


Is it a good idea that after all your past bother that you have your photo as your avatar? if that is a pic of you. just a thought.

[process]

me too and ive come to the positive conclusion that if i do have to serve a 5 year sentence at least i will be able to study and get another degree....

im not sure the rules with firarms, but with normal sentance and good behaviour you'll only serve 2&half. maybe even less and get let out on a tag. Someone i know got 3yrs was out in about 7mnths on a tag.

[One.badgerinpink]

cheers for that hun.....i never thought for a minute i would be in this situation...shows ya what hanging around with the wrong people can do to your life in a year!

[spangle]

Speak as much as possible to your solicitor about it. And try not to worry tooo much, I think 5 years is what your meant to get but I know a pair of people who were on similar charges plus others and IIRC they got tags and suspended sentance

[One.badgerinpink]

thanks hun my solicitor is pretty pants i phone her every week but she hasnt been supportive at all....emailed her to call me urgently yesterday and stillno phone call...

[GiantMidget]

Sorry to hear about your predicament. My advice would be to absolutely truthful to the judge, tell them why you did what you did. From what you've written here i can't see them sending you down tbh. Hope it works out for you. :love:

[DontBeliveTheHype!]

thanks hun my solicitor is pretty pants i phone her every week but she hasnt been supportive at all....emailed her to call me urgently yesterday and stillno phone call...
get a new soliciter .. i think even if you have a duty one you can change them if you are not happy .. i wouldn't know how to go about this .. but if she is shit ..get a new one! .. also i would advise to tell the truth ... but ... talk to a decent solisiter first as there are always hidden legal ramifications in every thing you might do when you are in a situation like that ... from the bottom of my heart hope you get through this ok .. i know what you are going through xx

[marcusblanc]

maybe have a look at this


Mandatory and Minimum Custodial Sentences: Legal Guidance: The Crown Prosecution Service (http://www.cps.gov.uk/legal/l_to_o/mandatory_and_minimum_custodial_sentences/)

it looks like section 51 does have a 5 year mandatory sentance, but i guess that means 2 and a half for good behaviour.

the legal people are obliged to tell it to ya straight, or they are liable to be in trouble.

i know u say its too late to mention stuff bout your circumstances, but i think it would immediatly be adjourned if u did, so its not actually too late. of course i'm not saying that would be an easy route, but if u'v already moved, and put urself out of harms way...

u should be on legal aid, so i would consider goin to ur solicitors first thing, and insist on seeing someone, and explaining that u didnt feel safe enuff to say anything b4...

u can always change ur solicitor after an adjournment, if they don't seem helpful, but it is there legal duty to represent your interests, so they cannot just ignore u.

i think u ought to get on the phone at the very least, this lot might be able to point u in the right direction...

Telephone Service (http://www.communitylegaladvice.org.uk/en/about/telephone.jsp)

sounds pretty grim at the mo, but good luck with everythin

[marcusblanc]

just realised ur not section 51, but having looked at sentancing guidlines, it seems it is still 5 years mandatory.

i know a guy who got 2 years for modifying a fly swatter into a non-lethal stun gun thing.

but he had loads of previous and aggravating factors.

i really think the 'duress' route sounds safer, unless ur pretty sure u r gonna get off the charge.

i also think u need far better advice than we can give u...

[Dr Bunsen]

All the best with this. You definately need proper legal advice but my feeling is tell the truth including the fact you lied and why you did...

[Sini]

I really hope you don't get 5 years, good luck with this!
Definatly see about getting another soliciter who's more helpfull and tell the truth, i can understand why you did what you did knowing the full story.
Again, good luck, i hope this man stays out of your life now and you don't have to fear no more. :group_hug

[One.badgerinpink]

thanks everyone and watch this space x

[MrAHC]

It is a 5 year sentence but you'll serve about 2 1/2 - 3 which is still a long sentence.

Change your solicitor if shes shit, is monday the first day of the trial? this will deffo go to croun and it will be trial by dury so you will have a good chance with the fleeing domestic violence ect. I'd defo tell your barister that it wasnt your fault ect.

A womans jail can be alot worse than a mans jail, for some reason women dont just get on with there time and get it over with they fight like cats and dogs, homosexuality & heroin is rife...

If you go down make sure you put your prison address up here I'll defo wright to you coz letters in jail even if there about nothing and you dont know the person can be a life line. Contact with the outside world makles it alot easyer.

[Playground Politics]

what kinda firearm was it?

[globalloon]

as everyone else says, get a decent brief. if your story is true then a court will take that into account. the police just build a case on the evidence so if you tell them what was going on, they will put it all on you

i think it's worth mentioning at this point that any women who is experiencing or in fear of domestic violence can go to the police and be placed in one of the many women's refuge around the country. these are safe houses with support to be able get on with your life again

[process]

thanks hun my solicitor is pretty pants i phone her every week but she hasnt been supportive at all....emailed her to call me urgently yesterday and stillno phone call...
if your solicitor is shit fuck them off. This firm know thier stuff.

Birds Solicitors (http://www.birds.eu.com/contact_us) :group_hug

[Tank Girl]

Sorry to hear this,

but please do be careful what you write on the net

it wouldnt be the first time something on a forum has been used in court as evidence -
you've pleaded not guilty but...... -

and your talking about the need to flea from domestic violence but I'm guessing its your photo in your avitar..... again it wouldnt be the first time someones been stalked / threatened on an online forum from an ex.......

from the sounds of it its defo worth getting a better solisitor

just be careful and do what ever you can to be safe :group_hug

[process]

seriously give Birds a call. my aunt and uncle are both v.good barristors and solicitors in laandann and he comes highly recomened. may as well give him a phone call. Steve was well on the ball when someone i know got into bother.

[Sini]

i think it's worth mentioning at this point that any women who is experiencing or in fear of domestic violence can go to the police and be placed in one of the many women's refuge around the country. these are safe houses with support to be able get on with your life again

Just wanted to point this out again. They will help you and you will be protected. :smile:

[One.badgerinpink]

yeah i did actually go to a womans aid refuge and then was moved to another one further away... im back in my own place now and am trying to rebuild my life... all this is just setting me back... well i will know after monday..tried to get hld of my solicitor today, she is not in until monday apparently (right lot of use that was). And as for secturity i have a police escort when i get to leeds to and from court, the court is a closed one and the police spoke about how my life is in danger in court last time. I have completely left my life behind, posessions everything and once this is over my new life will begin... and as for him stalking me online he is in prison for something else at the moment... jolly times

Thanks for all your support

x

[O-D]

Have you tried going to the Citizens Advice Bureau?

I would recommend doing so if you haven't, and tell them EVERYTHING, and I mean everything. If they can help, they'll do everything they can.

While I have no idea of the court system, I think it is best that you lay down all the cards on the table and come clean about absolutely everything to them. If you lie to them now and they catch you out of it then you're most certainly screwed.
If you did lie in the first place because you're life was under threat, I can't see how they would still send you to prison for any length of time.. obviously I don't know all the details, but from what I know, this would be a serious mistake dished out on you.

I wish you all the best, and hope that you are treated with sympathy.

[Raj]

Get a better lawyer - looks around for the one who is getting most of the dubious people's business as no one knows a good laywer better than a persistent offender usually

Good luck with that :group_hug will keep my fingers crossed for you

Check the women's aid folk as well - they my have a lawyer who is specialised in women who have gotten into trouble as a result of an abusive relationship - that could be very handy as they will know that area of law very well

[One.badgerinpink]

phew....breaths a huge sigh of releif.........

my solicitor went to court oin my behalf today.....he has made it so that i do not have to attend and its ben adjourned until the 11th of december ( yet again i do not have to attend ) hes writing to the cp to try and get it dropped........watch this space...

[ellie]

phew....breaths a huge sigh of releif.........

my solicitor went to court oin my behalf today.....he has made it so that i do not have to attend and its ben adjourned until the 11th of december ( yet again i do not have to attend ) hes writing to the cp to try and get it dropped........watch this space...

sounds like he is working hard for you - best of luck

[Scouse]

Best of luck mate! Don't risk your liberty by sticking up for some blatent bellend. It's these people who need to be off the streets, not you!

Be as honest and as open as you can and there's a chance the judge will take pity.

:group_hug

[Tank Girl]

keep yourself safe

glad to hear your breif has stepped up to the mark :group_hug

[One.badgerinpink]

yeah finally...the woman who was dealing with it last time i wet to court was still on holidya when i called them this morning wtf well it worked out as well as it could for now and I just have to hope the cps will see sense.

[coastie]

Good luck, sounds good that youve got a bit more time to put your case together and try anything else too. :group_hug

[process]

good stuff. fingers crossed then. birds soliciters if you do have shit with your firm again. the are very professional and shit hot. hope it gets thrown out, and you cvan get on with your life :love::group_hug

[spangle]

good luck as well, I do often find these things end up better that they originally look and it seems u do have stuff in ur favour! fingers crossed

[wwbrighton]

A friend of mine was on holiday with some mates of his when they all fell out over something quite serious and he shot one of them in the head with a pellet gun.

He was arrested in Spain and his court case took place in England with a 5 year charge and a life imprisoment charge - sorry I can't remember which sections or clauses - but the possibility of life for a pellet gun is pretty heavy shit.

The life charge was dropped, and he was given a years suspended sentence and 150 hours community service in place of the 5 year charge. So it is negotiable, not automatic.

Good luck, hope this helps and everything works out ok :group_hug