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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Hi, I am on a conditional bail to police grant. I was arrested

Resolved Question:

Hi, I am on a conditional bail to police grant. I was arrested due to common assaults (domestic). My wife told police that she was beaten by me on the day of incident together with three other complaints: i) threatened to death (before); ii) beaten before; and iii) ABH/GBH something like this. Police took a tape interview from me on the day and stayed me in custody for about 24 hours. I had a free solicitor at the police station. I said on the tape record that we had an argument at night and next day at around 3 pm we again had an argument. During the argument at day, she was waving her fingers and my upper lip was cut by her finger nail. When I got hurt on my lip, I just pushed her for space. She rang her friends (1 lady and 3 men) and they came shouted at me at my home. Then, one of her friends rang police and police arrested me. Now, I am on conditional bail with three conditions: 1) Not to contact in person or by any third party means to my wife; 2) Not to enter the area other than to answer bail or keep solicitors appointments; and 3) Not to contact any witness in this case including any member of the victims family. They give me a date to go back to Police station (1 month). I would like to know what convictions it may cause or what can be happened? or what will they say at the police station next? I have my all stuffs at the house, so how can I collect them? As I was paying the house rent, shall I still need to pay the rent? Note, we both are overseas international students in the UK
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Ok so you have been arrested for an alleged assault on your wife. Am I right in thinking that you were arrested just for the alleged recent assault. You don't mention being asked questions about the other matters so I will assume that is right. Am I right in thinkign thayou were represented byt he duty solictor? Just because it is free don't undervalue him/her. Not all duty solicitors are good but most are and all god criminal solicictors are duty solicitors. You put forward a defence in your interview -that you were asuletd and you used a minmial amuntof force on self defence. I assume that she has no injuries.

LondonlawyerJ :

You have been released on police bail to return to the police station. This means the police are not sure about the case against you yet and are investigating further. (eg they may want to take statements from other people). If they and the CPS thought there was sufficient evidence to charge then, under the rules you should be charged . I am afraid you are in a position where a lot of men find themselves when their female partner makes a false allegation, excluded from your own home (which you probably pay for) and even the area where you live. You will need to be patient and see what the police do next. In terms of getting to your things the way this is sometimes dealt with is by you attending with a police officer to get some things. This will only happen once at best.

LondonlawyerJ :

Hopefully you have a card from the solicitor, you should call him and ask him to phone the officer in the case to try and arrange such a visit.

LondonlawyerJ :

If you are charged with common assault then this is an offence that can only be dealt with in the magistrates court. It carries a maximum 6 month prison sentence but in most domestic assault situations where there are no or only very minor injuries the sentence is usually a community punishment like unpaid work.

LondonlawyerJ :

If your name is XXXXX XXXXX tenancy you still have a duty to pay the rent until the end of the tenancy. At the next police one of 4 things will happen: you will be rebailed to another police date, you will be charged and given a court date, the police will decide not to prosecute or (and this is unlikley) you will be re-interviewed. Your solicitor should be able to find out a few days before hand what is going to happen.

LondonlawyerJ :

You should speak to the solicitor who helped you in the police station as he has much more information than I do. I do this sort of work and generally we do not mind getting calls from people in your situation.

Customer:

1) Yes, I was arrested for the alleged recent assault.


2) They only mentioned the other matters at the end of the tape recorded interview but didn't ask me any questions on them and they said they will take a second interview later. They gave me bail on the recent matter but they arrested me again for the later matters.


3) There were two interviewers and a free duty solicitor during the interview.


4) The duty solicitor gave me a telephone number after their interview to contact with her. I have tried to contact that number, but it is only a solicitor firm. The duty solicitor does not work there, but the firm knows her. They said they didn't receive any documents from her. They said they will keep in touch after getting documents! It's been 6 days now!


5) Interviewers said police on the scene didn't find any injuries on her.


 


My questions are now:


i) What possible results I may get for the case with considering all matters though they are not right? I think you answered question.


 


iii) Will they take my another interview for the other matters?


iv) I don't have contact number of the police station and the police station is located within the restricted area, so I can't go to them to ask how I can collect my stuffs from the house. So, what your legal suggestion to collect my stuffs?


 


vii) Can I still get free solicitor to discuss before the date? Or if I would like to discuss with the solicitor firm, will they charge me or it is a part of the free solicitor?


 


Thank you!

Customer:

I should mention about one thing that my wife didn't make the police call on the day, it was one of her friends! If my wife wants to negotiate, how should I proceed? What would be the police role?

LondonlawyerJ :

OK thankyou for that. I am on may way home from court but will answer you later this evening.

LondonlawyerJ :

1) Various things can happen when you return to the police station. You could be released by the police on bail again to return to the police station. You could be charged and bailed to court. The police could decide to take no further action and drop the case against you. If you are charged I have already answered about likely sentence. But of course they cannot sentence unless you ether admit the offence or are found guilty.


2) They may give you another interview. It is interesting that they did not interview you about the other maters when you were in custody. This may indicate that they do not have enough evidence to arrest you for this. They may get this but the fact that they have not interviewed about it is a hopeful sign.


3) To get through to the police station look up the general switchboard number for the constabulary involved and then go through that switchboard asking for the officer by name and station. In London the number is XXXXX


4) Solicitors have a duty to inform you of details about your case and my understanding is that this should be done within a few days of the advice being given. You should keep calling them as they will get the papers soon (I get my papers to my solicitors within 48hours of doing the work and advise of outcome immediately). The free duty scheme only covers work in the police station but virtually all criminal defence lawyers will speak without charge on the phone at least.


5) You can not negotiate with your wife over this. This case belongs to the police at the moment and if you get charged it belongs to the Queen. If you talk to her about this you may be accused of intimidating a witness or attempting to pervert the course of justice, these are both serious offences which nearly always attract prison sentences.

Customer:

Thanks for your advise. I will contact on the switchboard number and speak with police officer.

LondonlawyerJ :

Ok, Good luck. I would be grateful if you would please rate my answer. Unless you do so I will not receive payment for the time spent answering your question.

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