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joannem1965
joannem1965, Advocate
Category: Law
Satisfied Customers: 264
Experience:  I am a solicitor
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I have a conviction for course of conduct which amounted to

Customer Question

I have a conviction for course of conduct which amounted to harassment. I definitely did exaggerate after we broke up, but I had a nervous breakdown due to job loss and relationship brakup (as stated by my psychiatrist) and it was my first ever contact with the law. The whole situation was a bit unfortunate. I met my ex at a park and we had a verbal discussion. The police stopped and while I drove away, my ex decided to put a pretty incredible and untruthful testimony of our ex relationship. When I went to the police I admitted harassment, but i did not know about the incredible untruth testimony about our  ex relationship. My lawyer at the time was convinced I would get of with a warning if I pleaded guilty. However, the police decided to get me in front of the court where I was sentenced to £500 fine and 180 hours community service. I realised only then that the police made a judgement on me based on a testimony that depicted me as a complete lunatic and dangerous person. the whole testimony of our ex relationship was full of lies. We tried twice to have a dialogue with the police and we send over 20 testimonies of friends saying that I was a good person. But the police took the simony about my character given by my ex as true and did not hear my lawyer who tried to not go to court .


 


Hence, I could never defend me from this lies, but was brought in front of the court for harassment instead of receiving a warning.


 


Two questions, 1) could I appeal saying that I was treated harshly because the judgement on me was based on a completely false testimony on how our relationship went. I.e. the police made a character judgement based on false evidence. Hence, while normally I should have received a warning I got brought in front of a court . BTW, I have more than 20 friends that have written a testimony that I am a normal guy and are happy to testimony that there is no truth in what she said. I also have my psychiatrist statement that I had a nervous breakdown at the time and am completely normal now. 2) Is there a way to clear my criminal record. I am a PHD and MBA holder, company director and never had any problems with the law. I admit that i exaggerated in contacting here and seeing her 4 times after we split (never violent whatsoever), but I think that the treatment I received was pretty excesive and based on lies on my character. a criminal record will ruin my career and also my chances to immigrate to the US (what is my dream). I am happy to do whatever to have this criminal record taken away.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How long ago was this and did you plead guilty?
Alex Watts : Please note because if the time I will pick this up in the morning.
JACUSTOMER-uk8y1h6x- :

I got sentenced in January this year.

JACUSTOMER-uk8y1h6x- :

At the first hearing I pleaded not guilty and to readjoirn the case. we then tried to write to the police in between to ask the to get only a warning and even a restrain order and not to proceed to court. But the plaice decided to

JACUSTOMER-uk8y1h6x- :

It was february 2013.

JACUSTOMER-uk8y1h6x- :

it was february 2013. The first curt hearing was january 201 and I pleaded not guilty and we readjorned.

JACUSTOMER-uk8y1h6x- :

it was February 2013. The first hearing was january 2013 and I pleaded not guilty and asked time to re-contact the police. . While I waited for the second hearing we tried to have a dialogue with the police. We offers a warning and a retrain order and I send more than 20 character references from friends and family and a refenrece from my psychiatrist stating I had a nervous breakdown last year, but was nearly fully recovered. However, the police never responded to our letters and decided to proceed. Only then did I read the testimony of m ex. It was a shocking document of lies of whatI did in the relationship. I appeared as a long standing drug taker, prostitute goer, mental manipulator, depressed and generally dangerous. She pictured herself as a victim prisoner in a story for two years unable to get out because I would not let her go and was mentally manipulating her. It appeared she was scared to leave me as she knew I would harass her.

Expert:  joannem1965 replied 3 years ago.
Hello. Can I help with this as you've been waiting sometime?
Customer: replied 3 years ago.

Nt easy to write here as i always gets cancelled when you trigger return. Anyway, doc ontinue from before.


 


Just to set the picture. My ex was a air hostess under psychological treatment for years. she lived at mine for 6 moths cost free as she got pneumonia.She lived with me for 1 1/2 years and moved in a after 1 monhts. Was speaking about having children immediately and marry.


 


I o not go to prostitutes, am not a usual drug taker and am not a mental amnipulatorl. I was happily married for 10 years, divorced in a friendly manner and am a vp of business development in a biotech company with a phD and MBA.


 


However, the police believed her and so decided I was dangerous and wanted to make an example of me....

Customer: replied 3 years ago.

yes thank you. Please read all my various mails. Not easy to write one single one as overtime you hit return it makes a new mail. Hope I put the whole picture.


 


As I said, I would like to find a way to cancel my criminal record, either by appealing or by cancelling it sometimes. I am thinking to move to canada (as I have a new girlfriend since 1 year and she is canadian) and a criminal record would be a really and thing.

Expert:  joannem1965 replied 3 years ago.
You are out of time to appeal now sadly. You had 21 says from the date of sentence to appeal to the crown court. You can sometimes appeal out of time but you are many months out and that will not go down well. However the rules have changed. Under the new law this will drop off even your enhanced check after 11 years. If you were given 180 hours community service then it will stop showing on your basic check after five years. Does this h.elp?
Customer: replied 3 years ago.

Is there nothing else I can do???


 


So appealing is out of question?


 


trying to cancel the sentence because it is clear that I will definitely not reoffend. I have a stable girlfriend now and it was completely out of my character.


 


It is really ruining all my prospects of work and career. I am trying to go to Canada for work and a criminal record will not go down well with them.


 


Will the criminal record be recorded also in Europe. I am a german/Italian citizen ship and could go to Canada as a german resident.


 


 


 

Expert:  joannem1965 replied 3 years ago.
You cannot cancel a sentence I'm afraid. You can apply for leave but its going to be refused. You could apply to JR the decision but you are out of time for that too. I am sorry but time limits are imposed strictly. It won't show automatically on European checks but they can get access to it easily.

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