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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice
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Hi sir, if I have a criminal conviction is it gonna have any

Customer Question

Hi sir, if I have a criminal conviction is it gonna have any bearing on my becoming a lawyer?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Why type of conviction please?
Customer: replied 3 years ago.
I am not convicted yet, not even charged. I am asking hypothetically gor planning purpose. But the police is looking for me and the potential charge is harassment.
Expert:  Jo C. replied 3 years ago.
Thanks.

You have to declare any conviction.

It would be for the professional bodies to consider whether that causes a conflict.

Harassment is not a dishonesty offence so its not automatically a debarring offence. However, you have to be alive to the fact that it could be a difficulty and you will need to persuade the bodies that you are a fit and proper person to be a solicitor or barrister.

Obviously there are harassments and harassments. Some are incredibly trivial and some are very serious.

If this is a very serious then that might be an issue.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Yes there's another issue. Police could not contact me yet. Under this circumstances if I delay to contact the police wil this delay subsequently affect the possibility of getting any caution? I mean May police say he delayed so much don't give him a caution?i mean for getting a cation is it better to contact police earlier?
Expert:  Jo C. replied 3 years ago.
They can make representations on the point of whether a caution is appropriate but they wouldn't for this reason.
Customer: replied 3 years ago.
Thnx. So that means that even if contact police in December rather than now the possibility of caution will be the same?
Another thing will my lawyer be able try to negotiate a caution at the police station representation even if they don't voluntarily offer me one?
Expert:  Jo C. replied 3 years ago.
Well, contacting them very late won't make any difference to whether you are eligible for a caution but it might lead to them picking you up on a warrant.

Your solicitor can ask. Obviously they can refuse.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Yes legally speaking it will not affect the eligibility but what about the practical situation ? Will it affect the Likelihood rather than eligibility? Of course it depends on the specific situation. But still based on your experience how might be the general reaction? And to rind you police could not contact me yet. So Officially I don't know nothing.
Expert:  Jo C. replied 3 years ago.
It depends on the case but if its serious then it could be an issue.

Customer: replied 3 years ago.
Thank you. So you are suggesting that it's better to contact them as soon as possible?
I think you already have the details of my fact. What do you think the effect might be in this context? Please
Expert:  Jo C. replied 3 years ago.
I don't seem to have those details.

But yes, its better to report. Apart from anything else, if you report then you can at least mitigate.
Customer: replied 3 years ago.

After that I congratulated her on her exam success and wished her on her birthday. She was fine up yo that point.Then I sent her a birthday gift to her workplace. She was angry and asked me not to make any further contact and blocked me on Facebook.

Though apparently her express words indicate that she was no interested her some behaviours were quite alluring and understandably was intended to allure me like as soon as I sent her a friend request she opened her Facebook page for public, though I myself requested her to block me she never blocked me which should be a primary resort got someone to avoid someone on Facebook and her status targeted to me as well. I don't have any evidence to conclusively prove them but some of her behaviours might indicate that.

A crucial part but which away not be proved in the court:
Then I set up a fake Facebook account impersonating her colleague and made her friend. Later it was discovered. But she may not prove it now as the account is deleted now and she presumably don't have any evidence.

29th November 2013
On that day through Facebook I came to know that she needed some money to go to holiday. Then I offered her the money sending her all card details. She agreed to take the money, appreciated my offer calling it generous and asking for some further card details. She asked me to give some more money and I agreed happily. We had a nice conversation and she showed her inclination to continue the conversation longer but I did not as it appeared to me to be exploiting her weakness. She at one point said if she takes money that would be using me.

On the next day she said she can't talk my money and did not take the money.apparently the reason appeared to me that I I did not have enough money on my account which she expressly referred to during the conversation as well.



Then I sent her a gift to her address finding it from net on 26yh December.

Then I decided not to contact her anymore. Then on 4th march I found her Instagram account where I left some comment and I sent her a bbm friend request as well. Quite surprisingly she accepted the request and I said I love her and she went to the police.

Now the Instagram account I communicated from is deleted. So it can't be conclusively linked to me as I had no friend no photo on that account. Now all the communications that took place were absolutely decent and mainly focused to encourage her in her studies. She tacitly appreciated my encouraging attitude during the conversation as well.

Now my argument is that the first course of communication from 26 January to 4 July 2013 was a separate course conduct from the 26 th December gift because of the time gap(nearly six months) and because of the fact that I apparently stopped contacting with the previous blatant intention. Her conversation and asking for money also acts as an evidence that despite a threat of police action she came back happily and therefore she was never harassed or never treated me a distress or someone totally unconnected making some unsolicited contacts.

Therefore in addition to the fact that there was a tacit approval to the fist course of communication if it can be proved A seperate course of conduct then I may be safe in that regard she brought the complaint about that after more than six months.

Now the fresh course of conduct consisted of just sending a gift and commenting on Instagram and a msg on bbm after her acceptance of invite request. The Instagram comment maybe difficult to link to me as the accounts are deleted.
Expert:  Jo C. replied 3 years ago.
Its a question for the professional bodies really.

This doesn't impact upon your capacity to practice law but since its one of these stupid domestics that we waste so much energy upon they may feel that it just wouldn't be politically correct to ignore it.
Customer: replied 3 years ago.
Thank you. On the given fact how likely do you think I may get a caution? And what impact may it have on the possibility of getting the caution if I report to police at around October( assuming police can't find me which is what is most likely to happen)
Expert:  Jo C. replied 3 years ago.
A caution would be a good result here. They may well want to charge because of the volume of contact.

Well, contacting them very late won't make any difference to whether you are eligible for a caution but it might lead to them picking you up on a warrant.
Customer: replied 3 years ago.
Thank you.
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


Customer: replied 3 years ago.
Sorry, I have another question. What is the standard of proof for harassment. Is it beyond reasonable doubt or balance of probability?
Expert:  Jo C. replied 3 years ago.
Beyond reasonable doubt for the criminal courts.
Customer: replied 3 years ago.
Hi Jo c I have a question on these facts. Can I ask you now?
Expert:  Jo C. replied 3 years ago.
Yes, go on?
Customer: replied 3 years ago.
In this scenario there are two sets of communication. One ending at early July and the other starting on 29th November. Now can it be argued that they don't constitute the same course of conduct rather they are two separate course of conduct because of the time gap between two conducts. The nature of the conducts is different as well.
It's because if it can be shown they are separate then the complaint of harassment about the first set of conduct has been made after six months.
Expert:  Jo C. replied 3 years ago.
Yes, that is right but the Crown will be saying its a course of conduct so the only relevant date is the last act of vexation.
Customer: replied 3 years ago.
Yes I know it's the last date. But will they still be a course of conduct despite a time gap of five months and some evidence that I stopped initial contact.my purpose is to take the first part outside the course of conduct.
Expert:  Jo C. replied 3 years ago.
To be wholly honest, I think they would probably be of the view that a five month time gap does not mean this isn't a course of conduct. Five years might be different.
Customer: replied 3 years ago.
Alright, last question on the fact what sort of punishment do you think the court may impose? Is it going to involve any custodial sentence?
Expert:  Jo C. replied 3 years ago.
No, not likely.

A fine or a community order but there will be a restraining order.
Customer: replied 3 years ago.
Despite those fake accounts on of which is in another persons name?
Expert:  Jo C. replied 3 years ago.
If they are saying you created those to hide your tracks then that is a bit sinister but that still wouldn't lead to custody.
Customer: replied 3 years ago.
Hi, Jo c, sorry to bother you with this dilly issue again. Is there any way of having the cps instruct the police to issue a caution in the case police themselves don't offer a caution.
Expert:  Jo C. replied 3 years ago.
No, but the Court can refer it back for the police to consider a caution.

Its no problem. You need this information.
Customer: replied 3 years ago.
Can anyone check my criminal record without my authorisation?
Expert:  Jo C. replied 3 years ago.
Only the police and the courts.
Customer: replied 3 years ago.
Hi, the following question is sounding weird even to myself but I can't help. It's labour intensive for police to investigate a Facebook account to find IP address but police can request Facebook to preserve information of a certain account even if they are not requesting access to them now so that they can retrieve them later. Does police do it frequently and easily as well or they don't do it easily because of resource?
Expert:  Jo C. replied 3 years ago.
It isn't all that labour intensive but it is certainly right that there is more work involved than just looking at a mobile telephone.

Its probably about 50-50. In a busy area they may not. If they dislike the victim they may not.

You have to plan for the worst though and hope for the best with criminal investigations.
Customer: replied 3 years ago.
Hi, Jo c I am going to face the police soon. That's why the following question is important for me. Is it possible to negotiate for a pnd in a harassment case?
Expert:  Jo C. replied 3 years ago.
No, that wouldn't be a normal disposal I'm afraid.

I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 3 years ago.
Thanks! Though this website is not designed for the kind of question I am going to ask and you are not my solicitor either but I can't help? If you were my solicitor or if you were in my position then how would you prepare in this case with a view to at least getting a caution?
Expert:  Jo C. replied 3 years ago.

I'm very sorry but I will have to opt out as this is no longer economical for me.

Customer: replied 3 years ago.
Sorry I can't rate because I am not seeing any rating option.
Expert:  Jo C. replied 3 years ago.
That might be a site bug.

I don't know whether this is easier for you?
Customer: replied 3 years ago.
Hi, Jo c though I can't rate your answer because of the site issue can I still repeat the previous question please? It's urgent.
Expert:  Jo C. replied 3 years ago.
I'm not sure what else I can say upon this issue?

What else do you want to know?