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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I have been involved in an incident where I am being asked

Customer Question

I have been involved in an incident where I am being asked to confess to using abusive language against a doctor, by the police, and if I do this they say I will get a restorative warning.I am worried that they get me to confess and then change there mind and charge me, they have lied to me on several occasions regarding other issues while dealing with them, I don't trust them
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.

What would you like to know about this please?
Customer: replied 3 years ago.
can they change there mind, if I do confess,and decide to give me more than a restorative warning

can I right the confession in my words, in other words could I confess in my statement in such a way as not to admit to abusive language

should I have a solicitor present

whatcourse of action would you advise me to take with this issue
Expert:  Jo C. replied 3 years ago.
Thanks.

Yes, they can. You take a risk when you confess in interview. If you are offered a caution in clear terms before the interview, then you confess and they charge you then you can try to get the prosecution stayed on the basis that its an abuse of process but its fair to say thats always a high test.

To get a caution you had to admit the offence. if you deny the abusive words then you almost certainly would not be admitting the offence.

Yes, you should have a solicitor present.

If you cannot truthfully deny the allegation and the evidence comes from a doctor or his staff then you may as well take the caution if its available. Unless there is a great gaping hole in their case, you would probably be convicted at court.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I don't understand what you mean by prosecution stayed or high test

 

also can I record the conversation to ensure that they don't lie

Customer: replied 3 years ago.

can I record the conversation to ensure they don't lie to me


 


I don't understand what you mean by prosecution stayed and high test

Customer: replied 3 years ago.

waiting for replies to follow up questions

Customer: replied 3 years ago.

can someone please explain why no one is replying to my back up questions

Customer: replied 3 years ago.

the text says my back up questions are free why is no one replying to them

Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

I'm not sure what else you wanted to know?