Wow, it's been quite a while since I visited these forums! After a several year break from my first novel, I'm back into editing and rewriting and polishing it up and I'm the happiest I've been with it since, well, ever, and have had full motivation to work on it for almost 2 months straight, which believe me is saying something considering the on-and-off breaks I've had with this story. Anyway, I'm set on getting all of the details right this time, and I could use your help! I remember I receiving lots of good help from this forum in the past. So, to cut to the chase:
My MC is currently being remanded in custody in an Australian prison, after the courts refused bail at his committal hearing. He's a primary school teacher and is up for the pretty serious offence of car theft, and abducting a cop's child. He handed himself in and the child only suffered incredibly minor injuries - a nosebleed and some bruising. He (and the child) falsely confessed during his interview with police and refused to seek legal advice; and as such had no lawyer present at his committal, however I've written it out as two options which I haven't decided on... will probably go with the first. 1) He never made an actual plea at his committal because the offence was too serious and had to be heard by a higher court; or 2) He pleaded guilty but his plea was refused and was told to reconsider and seek legal advice for his next court date. Hence he's now in remand.
However, the evidence is now stacking up, with:
-His work timesheet and a work colleague confirming the time he left work, which clashes with the time of the abduction.
-His students have been interviewed and there's been no allegations of harassment.
-The stolen car doesn't have his DNA or fingerprints, nor dog hair (he was arrested with his dog he claimed to have aided in the abduction).
-The child has admitted that MC was innocent and tried to help him.
-MC has admitted he was threatened into falsely confessing and given the names of the men that did. At least one of these names matches with the DNA found on the car.
Now, I need him out And I've been wondering about the best way to do that, and also how quickly it could happen. Considering he is only on remand, and he hasn't been sentenced (which is a change for the better from my first draft), I don't imagine it being a long process, but then there's all these legal uncertainties. I'm sure if he had a lawyer, they'd easily be able to get him out on bail, but I don't particularly want to bring lawyers into it. In his defence though, the child's father (the cop) has vowed to help him. And I'm thinking it could be just a matter of the police twiddling their thumbs at the courts. I mean, is the evidence enough to get him out on dropped charges or prove him not guilty? Technically, because he hasn't been sentenced yet, he should be innocent until proven guilty, anyway. Or would he still require perhaps conditional bail to get released? I figure that though would result in him needing another court case, which I don't really want to have to go through... eventually, the right guy will confess, but I need my MC out now... Doing my research any one of those could see him released from custody, but the question is which one would be the most likely in this situation?
Thanks in advance for your help!
My MC is currently being remanded in custody in an Australian prison, after the courts refused bail at his committal hearing. He's a primary school teacher and is up for the pretty serious offence of car theft, and abducting a cop's child. He handed himself in and the child only suffered incredibly minor injuries - a nosebleed and some bruising. He (and the child) falsely confessed during his interview with police and refused to seek legal advice; and as such had no lawyer present at his committal, however I've written it out as two options which I haven't decided on... will probably go with the first. 1) He never made an actual plea at his committal because the offence was too serious and had to be heard by a higher court; or 2) He pleaded guilty but his plea was refused and was told to reconsider and seek legal advice for his next court date. Hence he's now in remand.
However, the evidence is now stacking up, with:
-His work timesheet and a work colleague confirming the time he left work, which clashes with the time of the abduction.
-His students have been interviewed and there's been no allegations of harassment.
-The stolen car doesn't have his DNA or fingerprints, nor dog hair (he was arrested with his dog he claimed to have aided in the abduction).
-The child has admitted that MC was innocent and tried to help him.
-MC has admitted he was threatened into falsely confessing and given the names of the men that did. At least one of these names matches with the DNA found on the car.
Now, I need him out And I've been wondering about the best way to do that, and also how quickly it could happen. Considering he is only on remand, and he hasn't been sentenced (which is a change for the better from my first draft), I don't imagine it being a long process, but then there's all these legal uncertainties. I'm sure if he had a lawyer, they'd easily be able to get him out on bail, but I don't particularly want to bring lawyers into it. In his defence though, the child's father (the cop) has vowed to help him. And I'm thinking it could be just a matter of the police twiddling their thumbs at the courts. I mean, is the evidence enough to get him out on dropped charges or prove him not guilty? Technically, because he hasn't been sentenced yet, he should be innocent until proven guilty, anyway. Or would he still require perhaps conditional bail to get released? I figure that though would result in him needing another court case, which I don't really want to have to go through... eventually, the right guy will confess, but I need my MC out now... Doing my research any one of those could see him released from custody, but the question is which one would be the most likely in this situation?
Thanks in advance for your help!