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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69781
Experience:  Over 5 years in practice
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Afternoon, I have been arrested twice (first on June 2 for

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Afternoon,

I have been arrested twice (first on June 2 for theft by finding and the second time yesterday when surrendering to my bail for handling).

I conducted two no comment interviews the first with a prepared statement. The first duty solicitor I had was great, the second was awful and now I am frustrated. I want to put my account across to the Police/CPS in a written form before the decision to charge.

I lived with a brother and sister who were using the house like a hotel for their friends, a lot of drug taking went on and my food and belongings were often moved around the house. I would usually we away all weekend and get home to items being in my room that were not mine and it was obvious someone had slept in my bed. I served notice on the 2 June as enough was enough when the sister moved her boyfriend in without asking me and when I got home the below events unfolded. I am a corporate paralegal working long hours, not a confrontational person and do not partake in the drug taking. I believe they wanted my bedroom for their own use because as soon as another housemate moved out they moved in their friend and boyfriend the day later.

When I arrived home around 8pm I was confronted by my housemates, my bag searched by the brother, my key taken off me and the police arriving all in a matter of hours. I was arrested and spent the night in a cell. They claim they had uncovered property belonging to them that day when they searched my room for a ring that was lost the week prior. The items are either what they have leant to me or were in my clean wash bag and taken upstairs by mistake. Nice people. The ring has not been found and I do not even know if it exists.

The only items I had on me when arrested were my clothes and a handbag. All my belongings were in the house and my housemates refused to let me in when I arrived to collect them on the Wednesday but wanted to pack my room themselves. I got a courier to take them away. They missed returning about 3 bin bags full which they didn't inform me about until I e-mailed them with a schedule of missing items over a week later. This included all my designer items, furs etc. I believe they were most certainly cherry picked.

The second is more serious (and unrelated). The background being that I woke up after a night out in February with a load of cards/ID in my bag. I freaked out and hid them in my drawer as I did not know the person and no idea how they got there so didnt want to turn them in. I also do not remember getting home that evening or who I was with as I was intoxicated. Perversely I didn't put the cards in the bin as I didn't want them getting into the wrong hands. Anyway it has come to bite me in the bum, my housemates decided to search my bedroom for further items after my eviction and arrest and uncovered the cards and handed them over.

I am a corporate paralegal and have alluded myself to the fact that I am going to lose my job so I want to be as cooperative as possible.

What are my next steps? Do I ask for another intervew or do I write to the Police/CPS with/without legal advice? I do not have an awful lot of money but I can get some if need be.

Thank you in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Do you intend to plead guilty please?
Customer: replied 2 years ago.


Thank you Jo,


 


To the former no to the latter yes.



Sophie

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm not sure why you want to write to the police? For what purpose?
Customer: replied 2 years ago.

To make representations about my case in the form of a prepared statement. So far they have nothing to go on and my case is being referred to the CPS.

Expert:  Jo C. replied 2 years ago.
Thanks.

There is absolutely no point in doing that.

A prepared statement should be submitted at the time of interview if, for any reason, you cannot answer questions in full. They are not appropriate at any other time.

They do not have nothing to go on here. There are allegations against you from others which is often sufficient of itself and also they find ID cards etc in your room.

It has been referred to CPS to consider if there should be a charge and what charges to bring.

I would brace yourself to be charged with something here. Then you do not want to be 'co-operating' with the police unless you get something in return. All offering interviews does is give them an opportunity to collect evidence against you.

If you need to maximise disclosure then you can serve a defence statement setting out your position in the barest of terms.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.


Thank you Jo,


 


I just wish there was something I could do to get my side across without having to speak in an interview under caution as I could confuse myself and get flustered.


 


Sophie

Expert:  Jo C. replied 2 years ago.
Yes, I understand thats a natural reaction but its not the best objective one. There are exceptions to this but generally interviews with the police assist the crown not the defence.
Jo C., Barrister
Category: Law
Satisfied Customers: 69781
Experience: Over 5 years in practice
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