£21k in debt with solicitors fees I expect!! I'd ignore it. The ex started it so she'll have to deal with it.
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Letter has arrived
- Thread starter MountainGoat
- Start date
£6000 court fees . Do you have to pay fees for a criminal trial ?
What is the criminal trial for? Does it relate to false accusations by your ex? She may find she's shot herself in the foot here because if you lose your job that's the child maintenance gone and if she was planning to stay in a jointly owned house until the children are 18, that option is going to evaporate too because you're going to end up bankrupt with all that debt.
I believe everyone is entitled to legal aid for a criminal case. But there's more info here
Legal Aid in criminal law
It sounds slightly complicated and depends on various things, but at the bottom it says this
"If your case goes to the Crown Court for Trial you will automatically qualify for legally aid representation once you have completed an application form. Everyone is entitled to legal aid in the crown court unless your disposable household income is greater than £37,500 per annum. If your income exceeds £12,475, you will probably have to pay a contribution towards your legal aid. This contribution could be from your income whilst the case is ongoing and/or from your capital, if you are convicted."
I think, unlike Child Maintenance, "disposable income" is what you're left with after paying for everything like mortgage, child maintenance etc.
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The £6000 are for the trial in the Crown court. This will be next year.
I have to pay for this at an agreed amount each month which has been absolute hell as they sent out the wrong letters several times. I'm having to borrow money to pay each month.
It is to defend myself against her allegations of controlling and co-ercive behaviour, which is all either based on lies, or can be explained as I would look after her due to her ill health. I've never stopped her going out, stopped her from seeing friends, never controlled what she could eat, never stopped her going out, etc. She is basing this all on lies. I've covered a lot of this in my first topic I posted on here. I truly think something is wrong with her.
This stbx is the person that had depression, told me repeatedly she found it hard looking after the children, has done 2 suicide attempts, and has an illness that causes her to collapse at any moment. So, god help me if at times I removed her hot drink from her lap as it was about to fall on her, or where I have had concerns she was driving my kids around when she had just done a suicide attempt and could collapse at any point. I think me checking in on FindmyiPhone or using an apple tag to locate the car in emergencies is pretty much ok here!
Nowhere will you see any messages saying "Oh it looks like you are in the pub with your friends, you should be at home cooking". THAT is being controlling.
Unknown01.....You are bang on right with that....It is due to her allegations.
As you mention, If I lose my job and we don't sell the house then I have no money to start my life again. She has a high paid job so could easily get by.
Sadly it is a highly respected job in the NHS so many people see her as little miss perfect.
She also tried to get maximum money from me even stating that I never see the kids overnight which would increase her pay outs.
I have to pay for this at an agreed amount each month which has been absolute hell as they sent out the wrong letters several times. I'm having to borrow money to pay each month.
It is to defend myself against her allegations of controlling and co-ercive behaviour, which is all either based on lies, or can be explained as I would look after her due to her ill health. I've never stopped her going out, stopped her from seeing friends, never controlled what she could eat, never stopped her going out, etc. She is basing this all on lies. I've covered a lot of this in my first topic I posted on here. I truly think something is wrong with her.
This stbx is the person that had depression, told me repeatedly she found it hard looking after the children, has done 2 suicide attempts, and has an illness that causes her to collapse at any moment. So, god help me if at times I removed her hot drink from her lap as it was about to fall on her, or where I have had concerns she was driving my kids around when she had just done a suicide attempt and could collapse at any point. I think me checking in on FindmyiPhone or using an apple tag to locate the car in emergencies is pretty much ok here!
Nowhere will you see any messages saying "Oh it looks like you are in the pub with your friends, you should be at home cooking". THAT is being controlling.
Unknown01.....You are bang on right with that....It is due to her allegations.
As you mention, If I lose my job and we don't sell the house then I have no money to start my life again. She has a high paid job so could easily get by.
Sadly it is a highly respected job in the NHS so many people see her as little miss perfect.
She also tried to get maximum money from me even stating that I never see the kids overnight which would increase her pay outs.
Ash, thankyou for that info about Legal Aid. I have been going backwards and forwards between them and the company that collect payments.
They don't take everything into account which means that at the moment I am litterally having to make sure I am very very careful with everything I buy.
Just sold some stuff on ebay to try and help me each month.
They don't take everything into account which means that at the moment I am litterally having to make sure I am very very careful with everything I buy.
Just sold some stuff on ebay to try and help me each month.
So you don't qualify then? Is your case at the Crown court? I would look into applying for legal aid - if you haven't already.
Ok so basically she can survive financially quite well without you - which suggests she is just trying to destroy you financially and is vindictive. Are you still paying the mortgage?
Ok so basically she can survive financially quite well without you - which suggests she is just trying to destroy you financially and is vindictive. Are you still paying the mortgage?
Whichever criminal law firm you have represented you needs to have a criminal legal aid contract with the legal aid agency, if they don’t they will say they cannot get you legal aid. Most criminal solicitors will have a legal aid contract. If yours doesn’t you may want to look around to find one that does, they can then fill in legal aid application with you to see if you get full legal aid or contribution based legal aid. Most criminal solicitors don’t represent in criminal trials and they will instruct a barrister to represent you at court, which will be covered by the legal aid.
As your case will be heard at the crown court, depending on your income and assets you should get legal aid, as the offence of controlling and coercive behaviour can entail a prison sentence, although if found guilty will likely not result in prison if first offence or what is called low level offence.
Still paying the mortgage, Yes. Hoping to get back to stbx's solicitor later this week for the financials document exchange as tonight and tomorrow I have meetings with the social worker. It is for them to interview me and gather evidence for the Section 7 report the court has asked him to write.
Trial is at the crown court and been set to a 3 day trial. Honestly don't need that over me. It's not until next year!
My solicitor has been able to send it back to legal aid who got me a bit of money off but it is still tight and once combined with CMS payments and morgage then its just impossible. I've gone back to them and CMS arent interested that I still pay the mortgage and Legal Aid dont care I have the trial to pay for. I have to basically get by on nothing each month for the next 6 months of payments which is going to be hard.
I've not even mentioned needing to buy some winter clothes for the kids.
Trial is at the crown court and been set to a 3 day trial. Honestly don't need that over me. It's not until next year!
My solicitor has been able to send it back to legal aid who got me a bit of money off but it is still tight and once combined with CMS payments and morgage then its just impossible. I've gone back to them and CMS arent interested that I still pay the mortgage and Legal Aid dont care I have the trial to pay for. I have to basically get by on nothing each month for the next 6 months of payments which is going to be hard.
I've not even mentioned needing to buy some winter clothes for the kids.
Try not to worry about this criminal case a long time in the future. Once your child arrangements hearings are sorted, your ex might just drop the allegations - she probably only made them to keep sole control of the kids. If not, well I'm sure your lawyer will get them dismissed.
It must be stressful getting the letters though. Do something relaxing today if you can.
Ok so you simply can't afford to pay CM, the mortgage and these instalments. If your ex is earning good money, then maybe you shouldn't be paying the mortgage - just the CM. But if you stop paying it, she might not pay it and then the building society might come after you so it needs a bit of thinking about. I take it you're not paying the bills on the house now? Is the mortgage in joint names?
It must be stressful getting the letters though. Do something relaxing today if you can.
Ok so you simply can't afford to pay CM, the mortgage and these instalments. If your ex is earning good money, then maybe you shouldn't be paying the mortgage - just the CM. But if you stop paying it, she might not pay it and then the building society might come after you so it needs a bit of thinking about. I take it you're not paying the bills on the house now? Is the mortgage in joint names?
Thanks Ash,
I have a feeling this stbx will not drop anything as she is out to cause problems. We have seen it many times, right from the start when she started phoning my friends making up lies that I was drugging her. She won't stop.
This will have been the 4th time she has had me arrested all based on false allaegations.
I am trying to do relaxing things. I have recently got into playing football again with some friends from work.
I'm not paying any bills now. Last week I removed my name from the bills and I am not associated with them any more.
Just need to get myself off Council tax next.
Mortgage is in joint names 50/50. Still paying my half.
I have a feeling this stbx will not drop anything as she is out to cause problems. We have seen it many times, right from the start when she started phoning my friends making up lies that I was drugging her. She won't stop.
This will have been the 4th time she has had me arrested all based on false allaegations.
I am trying to do relaxing things. I have recently got into playing football again with some friends from work.
I'm not paying any bills now. Last week I removed my name from the bills and I am not associated with them any more.
Just need to get myself off Council tax next.
Mortgage is in joint names 50/50. Still paying my half.
If how you describe your STBX is accurate, I would suspect she has borderline personality disorder. A good way for you not to bring up her mental problems in court, of course, is by making a false allegation against you. Because now when you would quite properly ask for a psychological evaluation of her, she can cry control again.
Forgive me if I missed any details from before, but what is the evidence that is being used to secure your prosecution in the criminal court?
I currently have only been given a statement from stbx that was sent from the CPS to my solicitor. This states various allegations of me breaking the non molestation order, allegations I rev'd my car and drove towards her, that I should have not parked onsite when coming to pick up my children, etc. Where else was I supposed to park in the evening when it is dark and the sole intention is pcking up my kids from their school performance.
She actually had dash cam footage that I got shown one time when the police interviewed me and it shows I am miles away from her car, nowhere near it, and I actually wait until she has driven past and gone before I step out.
I am going to contact the solicitor as this "evidence" shows nothing associated with the charges: stopping her seeing friends, using the home CCTV cameras to stalk her, using find my iphone, stopping her from going out, etc.
So I don't know what is going on!
Thanks. I obviously missed the part where you might've stated before that you've been accused of breaking the non-molestation order. Incidentally there was an attempt to accuse me of the same, but I was nowhere near either the place or the time and have proof of my whereabouts elsewhere, yet I was rather surprised the opposing solicitor would use that claim in the next two hearings/bundles/statements and what have you. Anyone normal would think why do they keep repeating the most spurious of claims, if not so to try and make it true, thereafter make you look bad for no good reason at all. And here's a good enough example why self representation is most often ineffective and wastes an incredible amount of time especially (which the legal aiders know all too well hence they'll use it to their maximum advantage). I'd love now to hear about some stories of direct access barristers wiping the floor with these low cost upstarts, come to think of it.
A direct access barrister will normally wipe the floor with a legal aid solicitor. Legal aid solicitors like to pretend they're all about conscience and serving the public which is why they're happy to exist on a pittance but in most cases the reality is that they are crap lawyers who, in order to eat that month, encourage vulnerable people (e.g. divorcing women, immigrants etc.) to make spurious claims in order to secure legal aid fees. If you get a really good barrister, on rare occasions you can even get these scumbags disciplined by the SRA for the stunts that they try to pull.
There's a reason the conviction rate for "abuse" crimes is so low and it is that most of the claims are unsubstantiated bullshit that don't cut the mustard in civil court (balance of probabilities) let alone a criminal one (beyond reasonable doubt).
There's a reason the conviction rate for "abuse" crimes is so low and it is that most of the claims are unsubstantiated bullshit that don't cut the mustard in civil court (balance of probabilities) let alone a criminal one (beyond reasonable doubt).
This is a mirror of what i told my exs bottom feeding legal aid solicitor in court years ago, even they Judge failed to hide her smirk at my comment.
I know that my ex most likely got legal aid as she made domestic violence allegations so ofcourse got it free, but I now know she has a dedicated barrister who is absolutely evil and as I have witnessed takes no time at all to address the court straight away with false allegations and rubbish.
I have legal representation for my criminal case (it was an all-in package) but for the family courts it is just me and a Mcenzie friend.
I had to give up my solicitor as she took all my money.
It is not right that when self respresenting you often get over shadowed by the other parties barrister.
I have legal representation for my criminal case (it was an all-in package) but for the family courts it is just me and a Mcenzie friend.
I had to give up my solicitor as she took all my money.
It is not right that when self respresenting you often get over shadowed by the other parties barrister.