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  • Bossyboots
    Bossyboots Posts: 6,758 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Kay Peel's advice is very good except for one point. You do not need to use the duty solicitor who could take some time to arrive. Your husband needs to make sure that his own solicitor is a specialist in criminal law and authorised to attend police stations. If he/she is not, then he must find someone who is. He can than help with the arrangements for going to the police station and this may well then be done by appointment rather than him being arrested, particularly as an appropriate adult is needed (note - the solicitor is not there as appropriate adult, this is someone entirely different).

    I've noted from other forums that there appears to be a mis apprehension on the part of the police that only a duty solicitor can attend the police station with a client. That is not true. You can take your own solicitor, but they must be qualified to attend police stations or can be a specialist representative appointed by your own solicitor. Invariably, any solicitor who is so qualified will also be on the local duty solicitor register. However, they can appear in the capacity of "own solicitor" and not simply called out on the day. Do not wait until he is at the police station, start trying to find a solicitor now. There is no charge for taking a solicitor to the police station for interview, whether that is as a suspect or a witness provided an interview is planned to take place.
  • Incapuppy
    Incapuppy Posts: 5,713 Forumite
    Some people here seem to be very judgemental about mental health issues. If these 'know-alls' ever suffer from mental health issues themselves in the future then one can only hope for their sake that others display more understanding than they have been able to.

    OP I hope this all works out OK.
  • Kay_Peel
    Kay_Peel Posts: 1,672 Forumite
    edited 19 February 2010 at 11:54AM
    Bossyboots wrote: »
    Kay Peel's advice is very good except for one point. You do not need to use the duty solicitor who could take some time to arrive.

    I assumed that the OP was not in a position to pay a lawyer.

    The services of the duty solicitor are completely free while you are in custody.

    Naturally, you would have to pay the hourly rate for any other lawyer whom you instruct. They'll charge you for the initial interview, and all that hanging around at the station for 8 hours and for any work they do afterwards. It's like being ina taxi with the meter running. You would have to apply for legal aid based on a means test - but until that comes through (and it's not guaranteed) the lawyer would expect a lump sum in advance.

    I stick by my advice in saying 'get the Duty Solicitor'. You might need to save money until you instruct a lawyer who will represent you at a hearing.
  • stripedwellies
    stripedwellies Posts: 56 Forumite
    edited 19 February 2010 at 12:36PM
    Incapuppy wrote: »
    Some people here seem to be very judgemental about mental health issues. If these 'know-alls' ever suffer from mental health issues themselves in the future then one can only hope for their sake that others display more understanding than they have been able to.

    OP I hope this all works out OK.
    I do have an understanding of mental health issues and don't like them being used as an excuse.
    I DIDN'T KNOW WHAT I WAS GETTING MYSELF INVOLVED IN.
    I signed a document with 2 peoples signatures which i know is wrong but i keep having nervous breakdowns
    i didnt know what the form was as i am mental unstable
    I'd have more sympathy if the pressure from the MIL was emphasised rather than the breakdowns, but it wasn't.
  • cheepskate wrote: »
    sorry but where it looks to me he is furiously trying to back pedal to stop himself getting caught up in it and get out of it.

    DH knew exactly what he was doing, god even my 10 year old knows its bad to claim to be someone else.
    For a man who according to yourself and your husband didnt know what he was doing, when sh*te hit the fan , he knew exactly what to do. If he had mental health probs then and didnt know what he was doing :) and then a mental breakdown i think this would be the time he would not be coherent in his thinking, but now he seems to be very cvlear now

    Hello cheepskate,

    DH is well caught up in it. He has admitted to the police aswell as a solicitor what has happened. His MIL (My mum) has also admitted to me what has happened but will not admit to her solicitor or the police. She knows what has happened and she has vowed to save herself and dont mind if DH goes down.

    The S*it has hit the fan and is still spinning. DH is not claiming to be cleaver at all just trying to get the ball rolling because he wants to get this over with
  • sorry but after reading all the way through (as someone who has got a mental illness, terminally), this seems very much a wind up. I have severe behavioural problems and complex difficulties due a head injury when i was 3, and even i wouldnt sign anything without reading it. Id never use my menal disability as the topic of conversation even in a good way, its something im highly embarrassed about let alone scared of living with despite the last 25yrs. id never let anyone take advantage of my mental state of mind, especially my MIL. Good luck with it!!
    Tax Credit Overpayments £1465.00
    TOTAL OUTSTANDING:[STRIKE]£1640.00[/STRIKE] £1465.00
  • At one time my husband's mental health was so bad and he was so confused that if someone had pushed a piece of paper under his nose and said 'write JOE BLOGGS on that', he would have done so.

    Please have symapthy for the OP. He has done wrong, but he has confessed and is prepared to take his punishment. I'm sure if he had been in his right mind he wouldn't have done what he did.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton

  • Please have symapthy for the OP. He has done wrong, but he has confessed and is prepared to take his punishment. I'm sure if he had been in his right mind he wouldn't have done what he did.
    Your post hasn't made me any more sympathetic.

    recently my family have had contact of solictor regarding this as it is there name that was used
    He is getting his knickers in a twist because he was going to get found out so took the only option available to him. Why didn't he mention it to his wife about it when he got home that day?

    He was fit enough to go about his usual weekly visits to MIL and fit enough to know that he shouldn't have signed a document as someone else. Why didn't he even use his own name for one of the signatures?


    I wouldn't have minded so much if he had emphasised that his MIL was influential. His postings are an insult to people with mental health problems.
  • Hello cheepskate,

    DH is well caught up in it. He has admitted to the police aswell as a solicitor what has happened. His MIL (My mum) has also admitted to me what has happened but will not admit to her solicitor or the police. She knows what has happened and she has vowed to save herself and dont mind if DH goes down.

    The S*it has hit the fan and is still spinning. DH is not claiming to be cleaver at all just trying to get the ball rolling because he wants to get this over with

    So didn't your Mum use the form and obtain the money then?
  • As the title says,

    DH has gone through a mental breakdown if it is or it is not due to this issue he has had a severe meltdown. I am not on here to offend anyone or any person's who have mental health problems that is the last thing i want to do. All i wanted was some advise. Thank you everyone for replying, and i am sorry who i have offended but my husband does have mental health problems and he is seeking help through a GP and a Councillor.

    DH does get confused sometimes just like everyone else. He is at this moment here with me and he has asked me to apologise on his behalf, He is also sorry if he has offended anyone.

    DH has also told me and i have shared with everyone what has happened. Im sorry if i lost some people halfway through.

    Thanks
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