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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi my name is XXXXX XXXXX boyfriend end the relationship 6

Customer Question

Hi my name is XXXXX XXXXX boyfriend end the relationship 6 months ago,i refused the breaking up,because i am so in love with him, so i kept calling him and text him many times it was September the worst thing he involved the police, i have been arrested for harassment ,i spent one day in prison,i had a solicitor ,i haven t been charged ,the police just gave me a wake up call letter a warning,what happened after the arrest cause i miss my ex i sent him emails not texts but i called him with a private number several times,he called the police,now the police is searching me what is going to happen?he might take mr to court?i am so worried,thanks:(
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Do you mean you went to prison or you were just kept in police custody?
Customer: replied 3 years ago.

i was just kept in police custody

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Expert:  Jo C. replied 3 years ago.
Thanks.

You are not normally arrested and given a harassment warning.

Do you mean a caution? So you were interviewed and admitted the offence?
Customer: replied 3 years ago.

yes i was

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what is going to happen?will my ex take me to court for that?i am so scared:,( what the police is going to do towards me?i have done anything bad:,(

Expert:  Jo C. replied 3 years ago.
Thanks.

This is clearly a harassment I'm afraid. There's no way around it really.

At least you were not on bail at the time of the offence if you received a caution. However, a further offence of a similar kind committed almost immediately after a caution was issued is going to be an aggravating feature Im afraid.

This is probably a S2 harassment rather than a S4.

Obviously I haven't had full vision of this case and you do have to bear that in mind. Its probably though an offence that straddles the bottom and middle sentencing bracket. Its difficult to say how many acts of contact are to be included in the charge as some of them would be bound up in the caution.

If there are only a small number you are going to get a community order on a first offence. There will also be a restraining order preventing you having contact with him and a costs order of £85 if you plead on the first occasion.

If the volume is greater than it may push it up into the middle bracket which does include custody but that won't happen on a first offence.

However, you must deal with the fact that the police are looking for you. If they find you before you make contact then they will probably remand you and put you before court with an application for a remand in custody. Call the police station and make an appointment to surrender voluntarily preferably at about 6pm one night so that at least if they do refuse bail you won't be at the station for long.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

so you mean i might go to court and spend six months?:,(

Expert:  Jo C. replied 3 years ago.
It will go to court but you won't get custody unless the messages are literally horrendous.

I suppose you could be remanded but thats not likely at all on a first offence.
Customer: replied 3 years ago.

the messages were not horrendous just love emalis': i love you deeply i miss you'so there is high chance to go to court?they will let me go?

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or they will keep me in custody?

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Expert:  Jo C. replied 3 years ago.
There is a high chance this will go to court.

They may keep you in custody and put your before the court. It depends really. If you don't hand yourself in they may do.

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