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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Iwas arrested and detained in a police cell for14 hrs and charged

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Iwas arrested and detained in a police cell for14 hrs and charged with obstructing a constable in execution of duty.Incident occurred at 1 am on 01/07/2014 at my home when they wre inquiring in to a complaint by an outsider, not a member of my family about some noise or disturbance in my house.
i was asleep at the time and went down to to kitchen for a hot drink and some paracetamol from cupboard for the headaces i was suffering from and disturbing my sleep. to my chagrin there were two police officers in the kitchen, one seated at coffee table and the other near the door to kitchen. one of them said he wanted to speak to me. then i said iwas already tired and i will gladly give a statement if required . he said that he wanted a to speak to me and not a statement. i said i was sleping and i would like to go bak to sleep as i was to get up in morning to go to work, being mindful that i get up at 6.00- 6.10. Then i tried to enter the doorway and the officer standing near the door moved across saying i should speak to the other officer first. the , this nealy 6ft tall well built man stood across the doorway and pushed me back in to the kitche. i, then said not to use physical force and as i was tired asked him again to allow me to go upstairs.. then the other officer insisted that i had to speak to him first and i would be arrested if i failed. . i refused to speat to them at that hour . then they handcuffed med and tidetained me for 14 hours in the cell.. i would like to know if they acted legally. once i was released i was told by by my family that police officers had already spoken to the other three family members who were in the house at the time and all had denied anything to complain about. i am 67 yrs old and a full time professional due to start work at 7.30am latest. i worked from 7.15 to 19.00 hrs the previous day as i a cn prove by my appointments.
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.

Customer:

i am awaiting your response

LondonlawyerJ :

It sounds as if you have been badly treated by the police here. There is no legal obligation requiring you to talk to the police if you do not want to. They also can not detain you (even in your own kitchen) without a lawful reason, ie that they suspect you of an offence and are arresting you. You should seek legal advice, you will not get legal aid for this and will have to pay privately. From what you say you are not guilty and should fight the case. You should also consider making a complaint about this conduct but it is likely that the solicitor you instruct to defend you will want to out that off until after the criminal case has concluded.

LondonlawyerJ :

You will also need the other people who were there to be your witnesses to support your account.

LondonlawyerJ :

The maximum sentence for obstruction is a low level community order although nearly always it is dealt with by a fine. A findig of guilt would lead to a criminal conviction though so you need representation.

LondonlawyerJ :

I am fittin gthis answer around other commitments this evening and it is possible that there may be a delay in my replies to you.

Customer:

bmany thanks. can i come back to you if i have any queries. bur i will be retaing a solicitor. Given my unblemished record I need to fight this to the hilt. Is it advisable to retain a barrister

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