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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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hello I was arrested last weekend for a minor domestic againt

Customer Question

hello I was arrested last weekend for a minor domestic againt my wife ive been charged with it and now im out on bail my wife has dropped all charges and admitted she was at fault also ive no covictitions what so ever from the past what will likely be my punoishment please help
Submitted: 3 years ago.
Category: Law
Expert:  Michael Holly replied 3 years ago.

What were your wife's injuries and what have you been charged with?

 

Yours sincerely

Customer: replied 3 years ago.

no injurys at all minor domestic.only and my wife has withdrawn all charges help please

Customer: replied 3 years ago.


as basically we are both very worried about this the wife is worried I may go to jail even thouth never had any seruos offences before in my life


 

Customer: replied 3 years ago.

didn't you get my last reply please??

Expert:  Michael Holly replied 3 years ago.

The prosecution can continue even if your wife has withdrawn the charges because the decision to prosecute is not hers but that of the Crown Prosecution Service in criminal cases. As such if you admitted the assault or there is independent evidence of it they can proceed without her co operation.

Whether they do or not often depends on the severity or otherwise of the injuries.

However even if they do decide to proceed you will not receive a custodial sentence in the circumstances you describe. A fine is most likely.

I hope this helps. If there are any further points please reply.

Best wishes

 

Yours sincerely

Michael

Customer: replied 3 years ago.

hello again I got off with a small fine and bound over for 12 months but sadly I may have a criminal record now for a slight minor offence is there anyway I can get rid off that as im now a penshioner almost 70 years old ..this is my final question

thankyou

b XXXXXX

Expert:  Michael Holly replied 3 years ago.

.No I am afraid you are stuck with it unless you can show there was a fundamental error such as they charged the wrong person.

It was however a pretty good result

Best wishes

Michael

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