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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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My husband got 3 month in prison and 800 pound fine. Is it

Customer Question

My husband got 3 month in prison and 800 pound fine. Is it possible to revert the case. It's first time. If he gose to prison its not good for him or his little 3 children. He went to hit his sisters in law. And my mother was involved she is elderly. 80 years old. My husband accidental ey step in her feet. They went court my mum and my sister. His sentence is 17september.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did he plead guilty?
Customer: replied 4 years ago.

No. His lawyer said not pleaded guilty

Expert:  Jo C. replied 4 years ago.

Is this a domestic?

Did you call the police and make a statement against him?
Customer: replied 4 years ago.

I did not call the police my sister did. Yes its domestic violence. He never done this before we been 7 years

Expert:  Jo C. replied 4 years ago.
Ok. I will tell you how to avoid this ever happening again whether or not some helpful relative decides to put you in this position.

However, first, do you mean he got three months custody or he's just been remanded?

How was he convicted if you didn't give evidence?
Customer: replied 4 years ago.

By my mum sister. They didmis my case remanded

Expert:  Jo C. replied 4 years ago.

So they witnessed it and gave evidence? How helpful of them!

What was the allegation?
Customer: replied 4 years ago.

He went to hit my sister with wood. I have stop him.my mum was puling his tee shirt from behind that time he step on her f


Feet. They weren't very helpfull.

Expert:  Jo C. replied 4 years ago.
No.

Are these two common assaults?
Customer: replied 4 years ago.

Yes. My mum wad accident. But she thing he done it on propse. But of you puling some one tee shirt from behid.obisley they going to step back

Customer: replied 4 years ago.

By my mum sister.. Remanded

Customer: replied 4 years ago.

Yes

Expert:  Jo C. replied 4 years ago.
Thanks.

Was he convicted at the Magistrates Court or the Crown please?
Customer: replied 4 years ago.

Magistrates court

Customer: replied 4 years ago.

Magistrate

Expert:  Jo C. replied 4 years ago.
Ok.

In any event, if its a common assault then he cannot get longer because this is a summary only conviction and the maximum is six months. He has served nearly four months on remand at the time of sentence so it will be immediate release.

In terms of what you can do about it now, I'm afraid there is no action you can take. Ultimately this depends on your mother and your sister and they are not willing to withdraw. In any event though, even if they were, if he's been convicted its game over as withdrawing no longer achieves that.

In terms of avoiding this in future, it is really only something you have control over if you are the victim of any assault. Then you can avoid this but just not making a statement. You commit no offence in refusing to make a statement. There is no offence in the UK of refusing to help the police with their enquiries.

Then they cannot summons you.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

He done in June the court date was August 23.he not allowed to come home my mum lives there.is there nothing i can do

Expert:  Jo C. replied 4 years ago.
He will be on a restraining order.

You can apply for those to be removed but unless she supports it a removal or variation is not likely.