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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have been wrongly accused with assaulting someone the other

Customer Question

I have been wrongly accused with assaulting someone the other night when it was my friend who assaulted another person. She won't owe up to it and the police say they have checked CCTV and it's me, which is not right (I'm thinking they haven't actually checked it and just charged me). I have got my solicitor to get the CCTV footage and I have an appointment this week with him and we will then be able to see i did not assault anyone. I have a hearing on the 8th of January and I leave for Thailand on the 6th of January. I tried to ask them to change it but they said no way. Can my solicitor go to my hearing without me and plead not guilty or do I have to be there? HELP!!!!!!
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name is Alex Hughes.

Alex Hughes :

The court cannot deal with this hearinf in your absence; the solicitor cannot enter the plea on your behalf either.

Alex Hughes :

How long are you planning to be abroad?

JACUSTOMER-oamhwum7- : I am away for two weeks. Could my solicitor ask for the date of the hearing to be changed?!
Alex Hughes :

Yes. If you have a pre-booked and pre-paid holiday you can ask for an adjournment. You should give the tickets or itinerary to your solicitor to send to the court. Getting an adjournment in these circumstances is usually granted.

JACUSTOMER-oamhwum7- : Ok thank you.
JACUSTOMER-oamhwum7- : Hopefully it does get granted. Would there be anyway it wouldn't get granted?
Alex Hughes :

The court could decide that a delay wouldn't be 'in the interests if justice'. But to be honest with you I've not known them to refuse applications when a holiday has been booked and paid in advance. So long as you get your paperwork in asap you should be OK.

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