I Have Court Tomorrow - Can No Go - What To Do?

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jayjayuk
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19 Jun 2014, 5:10 pm

Ok, I have court tomorrow. It's nothing major.

In 2012 I was sentenced to prison for a computer hacking crime. Whilst I was there, I had a court date scheduled which wasn't known to me. My mother sold a motorbike of mine whilst I was in prison, on my request. She failed to send the log book off, so it went to court and I was fined. I appealed last month, and was told to go to court on the 20th. They said "We suggest you go" ... not "You must go".

Tomorrow is the day I have court. But my mental illness is awful at the moment. I don't have a solicitor to represent me. I don't know how to get one.

I can't leave the house at the moment. When I say can't, I mean I can't. My mental illness is very bad.

I am not going tomorrow. But I want to know what happens? Should I call them and explain I can't attend?



Ettina
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19 Jun 2014, 5:16 pm

Yes, you definitely need to contact them, and get together documentation explaining why you can't attend. Missing a court date without reason carries pretty serious consequences.



jayjayuk
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19 Jun 2014, 5:21 pm

Ettina wrote:
Yes, you definitely need to contact them, and get together documentation explaining why you can't attend. Missing a court date without reason carries pretty serious consequences.


The way my head is right now I'd take the consequences over staying in bed tomorrow and not moving.



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19 Jun 2014, 5:25 pm

jayjayuk wrote:
Ettina wrote:
Yes, you definitely need to contact them, and get together documentation explaining why you can't attend. Missing a court date without reason carries pretty serious consequences.


The way my head is right now I'd take the consequences over staying in bed tomorrow and not moving.


The consequences can include jail time, or a hefty fine.



kraftiekortie
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19 Jun 2014, 5:26 pm

I really wish you could go to court. If you don't show up, they will probably decline your appeal because you didn't show up. I'm not sure if you'd need a solicitor if they are deciding on an appeal. It might be simply a case of approving your appeal, or declining your appeal.

Maybe just go to the court, go through the metal detectors, and wait for your case to be called. Maybe you could ask your partner to come with you for support. Sometimes, one has to do what one doesn't want to do in life.

How much is the fine? Is this a criminal court or a traffic court? Maybe you could try calling the court, trying to maintain your anonymous status as long as possible. If it gets to the point where you might be able to reschedule your court date, I would then tell them your name, and reschedule. I'm not sure how it works in the UK--but in the US, it's not easy to reschedule.

If this were a criminal court (at least in the US), a bench warrant for your arrest might be issued. You probably wouldn't be arrested right away--but the warrant would be out there.

If this were a traffic court (in the US, again), a traffic warrant would be issued. Theoretically, they could also suspend your license for non-payment of the fine.

I hope someone will chime in who has experience in UK courts. And in appeals such as yours.

Truthfully, the criminal justice system in both countries don't give a rat's butt about mental illness. I think you know that, since you were in prison.

If you could tell me the exact name of the court, maybe I could do some research for you.



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19 Jun 2014, 5:37 pm

in prison for small time hacking?
am surprised they put a diagnosed spectrum adult in a prison for hacking assuming this was first offence, quite a few UK petty black hat hackers have got away with just court orders, telling them not to use the internet or to have monitored internet use, why cant they make small time hackers do community service with police cyber crime units instead to show the consequences of cyber crime?
itd make more sense to educate them in a controled and secure environment than to blindly punish.

sorry do not know anything about what courts will do,it will depend on the crime circumstances,however is there a MH social worker or CPN can contact first thing tomorow? they might be legaly allowed to explain MH circumstances to the court and it sounds like coud do with a assessment from the mental health team,it might help with getting case put off for some time.


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kraftiekortie
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19 Jun 2014, 5:42 pm

I'd listen to Kingdom of Rats if I were you.

Maybe you should have called them before. But explain your situation to them EXACTLY. Don't be vague about it.

Do you have a social worker already?

Just curious: Were you convicted upon Summary Conviction, or was it an Indictable Offence? If that's private, of course I'd understand.



jayjayuk
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19 Jun 2014, 6:23 pm

kraftiekortie wrote:
I'd listen to Kingdom of Rats if I were you.

Maybe you should have called them before. But explain your situation to them EXACTLY. Don't be vague about it.

Do you have a social worker already?

Just curious: Were you convicted upon Summary Conviction, or was it an Indictable Offence? If that's private, of course I'd understand.


Indictable offence. I was sentenced at a crown court. Spent 1.5 years in prison. It was a pretty serious crime in all respects, if I hadn't have pled guilty I'd have got 10 years.

@KingdomOfRats I wasnt diagnosed then. I've only recently had a diagnosis. If I did have a diagnosis then, chances are I wouldn't have went to prison. They now attribute my crime to Aspergers.



kraftiekortie
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19 Jun 2014, 6:25 pm

Were you fined by something called the DVLA?



jayjayuk
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19 Jun 2014, 6:32 pm

kraftiekortie wrote:
Were you fined by something called the DVLA?


Yes, for this fine. That one is a magistrates court issue.



kraftiekortie
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19 Jun 2014, 6:37 pm

I'm trying to figure this out.

1. You were fined by the DVLA for not disclosing the sale of a motorbike

2. You appealed the fine through the Magistrates' court

3. You have court tomorrow for the answer to the appeal.

Is that right?



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19 Jun 2014, 7:17 pm

Dude, hacking is different from pirating. But honestly, if hacking computers is your hobby, try to get a job at the NSA or something. It shouldn't be a major felony.


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jayjayuk
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19 Jun 2014, 7:18 pm

kraftiekortie wrote:
I'm trying to figure this out.

1. You were fined by the DVLA for not disclosing the sale of a motorbike

2. You appealed the fine through the Magistrates' court

3. You have court tomorrow for the answer to the appeal.

Is that right?


I think so yeah. It's all a bit confusing for me if I'm honest.



kraftiekortie
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19 Jun 2014, 7:26 pm

I would call your social worker, and tell him/her your situation

And call the Magistrates' court, perhaps to reschedule. They should have you on their calendar; therefore, they should know the nature of your case.

Maybe this is a decision on whether or not the appeal is granted.

Obviously, if it's not granted, you have to pay the fine, or else they'll try to collect on it.



kraftiekortie
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19 Jun 2014, 7:30 pm

What's the name and address of the court where you have to appear?



jayjayuk
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19 Jun 2014, 7:47 pm

kraftiekortie wrote:
What's the name and address of the court where you have to appear?


http://www.thelawpages.com/magistrates- ... y-(Oldbury)-Magistrates-Court-410.html