Cops Deserve To Be DefendedCategory: Law
Article added by: Chris Fleming
We were recently approached by a police officer who asked if we could defend him in relation to three separate speeding offences. He was quick to point out that the Police Federation (Equivalent of his Union) should be in a position to pay his fees.
We discussed the cases with him and considered that we could probably do something for him with these cases as it seemed that the police had not provided him with the same rights as any ordinary Joe.
It seemed to him as if his superiors had presumed him to be guilty and he felt under the cosh. The Federation sent his cases to the usual lawyer and he told us that their advise was "just plead guilty". Pretty scary advice when you consider that they had not seen the evidence or heard his full explanation of events.
We took the case on and spent weeks phoning and e-mailing the police fed insurance company to have them authorise expenditure. After God knows how many calls and e-mails they finally sanctioned our legal fees.
The first case that contained two charges called in court for trial a few weeks ago and we explained to the Crown why they would never be able to establish the crimes on the evidence that they had. The PF saw common sense and dropped both cases. There was no point wasting court time on a case that would never prove!
The next case is due to call within the next few weeks and I expect the same result.
The policeman had been worried about his job, the impact upon future pension rights and the stigma of being charged with these offences. Although senior police officials attended court nobody came forward to congratulate him on successfully defending his case nor did they ask what the technical defence was. I guess they just didn't care.
The point is that "speeding" can be seen by some as an insignificant offence however conviction doesn't just mean penalty points and a possible disqualification it can mean a tremendous amount on job prospects and future. When a policeman is charged with such an offence the pressure on them to "Just plead guilty" is enormous and I for one think that their Union should be running to defend and support them not running from the case.
A few years ago we defended a fire officer who was charged with causing death by dangerous driving. Again his Union the fire service and the local council all refused to pay for his defence. We decided to deal with the case on a pro bono basis. This man had been driving for 25 years. He had a terrific service record and had never been convicted of even a minor road traffic offence. Yet, when the chips were down his bosses ran for cover. Within days of starting defence preparations we could see that he had a strong defence. Over the coming weeks of preparation the Fire Service stepped forward and accepted that they would indeed pay for their officers representation. A good decision as after a week of evidence the client was not convicted of causing death by dangerous driving but with simple careless driving. He was admonished and 3 penalty points endorsed on his licence.
The moral of the story if you are in the services is do not just accept what your superiors tell you regarding a criminal charge. Get good independent legal advice, everytime!
Posted By: Chris Fleming
Web: http://www.roadtrafficlaw.com
Contact: e-mail
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