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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70118
Experience:  Over 5 years in practice
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ive been charged for theft in dwelling alongside my mother,

Customer Question

ive been charged for theft in dwelling alongside my mother, for stealing her husbands clothes, evidence against me is a text message I had sent to my ex boyfriend which I text him- we are bagging up his clothes and taking them to charity shop, I had only been in this relationship for 11 weeks and was showing off to my boyfriend, he two had a part to play, he was cautioned for making phonecalls to my mums husband, what actually happened was mum had bagged up clothes to be collected by cash for clothes, and I went to mums and added two of my own bags, I have recorded a telephone conversation of my mother admitting she had put bags outside to be collected, but the lie I sent my ex boyfriend I fear will now get me charged for something I have not done. I decieded to start recording my mum as she is a compulsive liar, she is also charged for criminal damage, she cut all electrical cables in her house, where do I stand I court ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

I'm not sure what your question is about this?

Are you asking if you will be convicted?
Customer: replied 3 years ago.

yes I am,

Expert:  Jo C. replied 3 years ago.

Obviously I am not going to be able to say whether you will be convicted or not. I cannot predict the view of a Court in particular not in a case where I have had no vision of the evidence.

However, if the issue here is the text then you cannot hide from the way it looks. They would have to find it first and exhibit it but you seem to be saying they have already. If the allegation is that you disposed of this person’s clothes then the text would seem to support that.

Whether you can convince a court that it is unreliable is another matter. It comes down to your explanation for this. People do say things that are untrue sometimes to show off or be sarcastic.

Just playing devil’s advocate for a moment though, a text that reads ‘we are bagging up his clothes and taking them to the charity shop’ isn’t really explained by saying that you were adding your own bags to your mother’s.

Obviously other people face much more serious charges here so they might take a plea from the others and discontinue against you though.

Can I clarify anything for you?

Customer: replied 3 years ago.

thankyou, I would also like to know if telephone conversations I have recorded of my mother can be used in court for evidence

Expert:  Jo C. replied 3 years ago.
Oh yes. That type of thing is used all the time in a criminal court.

Before you do start using it though, think carefully about whether it supports your defence. There's no point in introducing it just to damage a co-defendant unless it assists you. This is known as a cut throat defence - where defendants blame each other.

Cut throat defences are always dangerous. The difficulty being that you are prosecuted twice over basically, once by the Crown and again by the co-defendant.

If cut throat is your defence then it will have to be run but there's no point in just slinging mud unless it supports your defence. There's no point in acting against other defendants unless the action also serves you as far as ethics allows obviously.

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