should I change my plea

[oopsies30]

I am appearing in court next week on a bigamy charge. I have pleaded not guilty as my defence is that I was assured I was divorced by my ex wife although I never saw any paperwork we had been separated for 4 years and I thought I was divorced when I re married. Does anybody think I should stay with a not guilty plea or change it on the day.

[Barmaid]

Only a lawyer in possession of the prosecution evidence and with full knowledge of the facts can possibly advise on that. You ought to seek the advice of a solicitor or duty. See if you can get legal aid.

[boxtops]

I'm not sure that ignorance is a viable plea - when I was divorced, we were both sent papers through the post so we each had a copy. I had to produce the decree absolute before I could remarry, to prove I was free to do so.

[New Judge]

Not something I know for certain but I imagine it is viewed as an “absolute” offence in the same way and driving with no insurance. That is it is absolutely your responsibility to ensure you are free to marry.

As has been said, your solicitor will be able to give you the best advice but I expect that advice would be to plead guilty (for you did indeed enter into a bigamous “marriage”) but to offer the mitigation you mention. If this is accepted by the court it should reduce the seriousness of the offence quite considerably as the breach of the law may be viewed as a “technical” transgression rather than a deliberate act.

[EDDIE51]

Very sound advice from NJ (as always) you did actually do it but have a good defence. I would plead guilty I can't see it being more than a conditional discharge if you plead guilty and tell them what you have told us.

[EDDIE51]

Also I would tell the court now not wait until the day of the trial, that will go in your favour as they will save a lot of money by not needing a trial. You will get charged expences by they will be much less if you plead guilty now before they get the trial organised.

[upsetspouse]

If you were separated for 4 years wouldnt you have to sign divorce papers as you would of both have to consent to a divorce. Therefore i would of thought that you would of known if you were divorced.