+xJust got the letter from the court. My date is only four weeks away.
I've instantly gone from trying to live like nothing's happend to full-on panic.
What the hell do I do? I rang and emailed the solicitor weeks ago when the police emailed me, now I've only got a month before I need to be in court and they still haven't got back to me (he wasn't even there for my second interview, the last time I spoke to him was probably over a year ago at this point).
I don't know what's going on and I don't know who to ask or even what to ask them.
I was just reading the whole thread again to catch up, you mentioned you only used the laptop offline to do some writing and music things, only connecting it to internet for updates. This needs to be proven and should be something you can ask your solicitor, but because they are solicitors who were appointed to you on your arrest, this is very unlikely to happen. It is very possible if you back up your phone often to your laptop, anything found may be found there too.
I mentioned in this thread my experience, stating they claimed to have found things on all my devices which I know to be 2000% untrue. They took a computer I had for less than 2 weeks, this computer came with no hard drive so I had to install one myself. The hard drive I used came directly from a virgin media TIVO box as I was not currently using it. I installed windows 7 on it and a web browser, got all updates for it done and drivers. Other than that the computer was mostly used by my kids when they visited, to play games or watch youtube. When I got the call from the investigating officer claiming ALL devices tested positive, I questioned him saying "tested positive for what" which he stated "I can not tell you"
Do I think they falsified reports to prevent me from getting the devices back? Absolutely. Can I prove it? No
This is unfortunately how the UK justice system works, they pick on those they know will end up resulting in convictions, especially those who are unable to afford "real" solicitors. Ignoring those who pose a greater danger, I am sure we have all heard the news over the years.
But... back to the topic at hand. You are being charged for 2 cat C images and a prohibited image. I too have no idea what those even look like or what a prohibited image details, these are questions you could be asking your solicitor. Which they should be advising you about. Have Police ever offered a caution? Because you gave no comment responses, not made a guilty plea or accepting any form of responsibility for the charges. It is likely to go to magistrates where you will be asked for a plea. Not guilty / no plea may end up being brought to crown court for trial, where a jury will examine evidence found and then take whatever time they wish to determine a verdict. If you made a guilty plea, then it will still go to the crown court but this then would be for sentencing. The usual procedure is Probation would carry out a pre-sentence report so the judge has some back ground info about you, what lead to the offense and ultimately highlight what steps you have taken since your arrest, Probation officer will include comments expressing any risk they believe you pose. And, if they believe custodial / non-custodial is warranted. Credit guilty pleas will also be taken in to consideration at sentence, in some cases resulting in a non-custodial sentence. 3rd option is, given there was only 2 apparent images found that they are charging you with, with the addition of the prohibited image. You accept a caution, this will avoid having to go to court. You will likely end up getting a SHPO, resulting in having to also sign the register. But this will only be for 2 years, and there is a high chance your case might not even be published in the media. Recovering the devices on the other hand, I am not sure about.
So, What do you do?
First, keep calm. I know how difficult that is but try. Having a clear head will help with what is coming up, keep doing what you are doing. Therapist, hobbies, work, (if you are working) which ever way you decide to play it. You have 4 weeks till court, so try and familiarize yourself with the process. Although without the support of your solicitors, this may be difficult to do and will likely be a last minute thing as it was for me. Police always seem to give information the day before court, so your next interaction with solicitor maybe on the day in court.
What do you ask?
Solicitors, You want more information regarding the charges, ask them for ALL paperwork that they have about your case. Any digital forensic reports ect. what options are they willing to do to confirm evidence. What advice do they have relating to the charges, should you plead guilty? not guilty? make no plea at all? Ask for more information about cautions, is that a viable option? Will they do the leg work to enquire about it? Should the worst happen, you are given a SHPO, do they know the Smith court of appeal ruling that outlines what a SHPO should and should not impose? Give it a read
here.
Police, If solicitors are not doing the leg work for you. Ask police questions yourself. Ask them for information about cautions, is it something they might consider. Ask them for more details on the charges, how they came to their conclusions.
I apologize for the long post, but I felt it was important to share in hopes it helps. It is very normal to be scared in these situations, putting your life in the hands of others (solicitors) relying on their ability to prove the truth. Advantage you have are these forums, all of our experiences. Plus additional information regarding past rulings. Prepare yourself, learn and decide what the best options are for you. Remember, if you are not happy with your existing solicitors. You are well with in your rights to find another, some may allow it for free, others may accept legal aid.