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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Domestic violence case. My girlfriend and i had an argument.

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Domestic violence case. My girlfriend and i had an argument. She has placed charges of theft and assault i have my first hearing on 30th of july how can this case be dropped she wants to drop it and is under 18. If she says she lied in the initial statement will police check her phone and see if there has been any contact? will they ever do this? its not an serious assault

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has she done this before please? Either to you or to others?
Customer: replied 3 years ago.
no
Customer: replied 3 years ago.
If police suspect I'm telling her to drop the case will they go as far as checking phone records?
Customer: replied 3 years ago.
It's her first time dealing with the police
Expert:  Jo C. replied 3 years ago.
Have you been in contact with her and are you on bail with conditions not to do so?
Please do not send her anything telling her to drop the case.
Customer: replied 3 years ago.
Yes I am on bail conditions and she has contacted my brother saying she wants the case dropped she made a phonecall to me which I accidentally answered and told her I can't speak to her will the police find this out ?
Customer: replied 3 years ago.
She has been told by the police to not contact my brother but she has been and told my brother she has made an exaggerated statement which she is scared to tell police because she will get into trouble for preventing course of justice and scared police will go through her phone records soo she wants the best advice on how to drop the case
Expert:  Jo C. replied 3 years ago.
They won't find out unless she tells them but the trouble is that you now know that she has a tendency to do that when she can't have what she wants. You must take this on board. Although she is keen to drop it now and she is probably encouraging you to make contact ultimately you are the person on bail and you are subject to bail conditions. The next time you have a row and she calls the police to get revenge by reason of her stupid childish attention seeking behaviour it will be you that is subject to a risk of revocation of your bail.
Also, if you get involved in telling her to drop the case then that is witness intimidation and then you would be facing a Crown Court trial and years of custody not a community order as you currently are. In fairness, she has perverted the course of justice as well but the practical reality is that unfairly you are male and she is female and she will probably escape attention for that reason.
Do no trust her. I know she is being reasonable now but you know that she has a capacity to be unreasonable.
In fairness, we can all have rows and we can all behave unreasonably but we don't all call the police and set down falsehoods in a S9 statement.
Find yourself a normal girlfriend who doesn't have a background of inviting the police along to play at domestic disputes.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
What would be the best way for he to drop this case will she get in trouble for lying and trying to drop the case
Expert:  Jo C. replied 3 years ago.
She could get in trouble for lying. If I was the reviewing lawyer she would be charged with perverting the course of justice and be needing to bring her toothbrush to court.
However, the practical reality is that perverting is not prosecuted very potently in the UK so she might escape with a wasting police time fine.
They might also disbelieve her retraction and say she has done it to get you out of trouble and summons her. This is the first time she has done it I suppose although she is very young and is clearly showing signs already of becoming a vexatious accuser.
I would just leave this problem to her though. Do not open yourself up to her bullets. Good women do not get men to do their dirty work. She caused this situation. You let her sort it out.
Customer: replied 3 years ago.
There is picture evidence of assault but she also self harmed that day which the police is unaware of she is unsure wethere the assault caused the damages or self harm which she needs to tell police would the case get dropped?
Expert:  Jo C. replied 3 years ago.
Just leave that to her. Do not get involved in assisting her put right her false allegations.
If she withdraws then they may summons her or they may not. Difficult to say really. They do have a policy of summonsing but they don't do it in every case.
If she says that the statement she made is untrue then she is at risk of prosecution.
Customer: replied 3 years ago.
Do the police not consider when you are angry and upset you over exaggerate? and is it true police will only check phone records if she told them to? There is assault claims with picture evidence. She is claiming now claiming that marks came from self harm but assault was still done but she wants to drop charges
Expert:  Jo C. replied 3 years ago.
No. If you set down falsehoods in a S9 statement then that is perverting. This isn't exaggeration anyway. I realise that you are in a relationship with her but please try to see that for the excuse it is. If she said something that was not try then that is an offence.
The police will only check her phone records if she complains but the risk you face is that she will complain. I realise she is saying she won't do that now but the next time you have a row she will call the police again.
I understand this is difficult for you but I have had clients over the last five years who have spent four and half of that period in custody on various remand periods for no other reason except that they are in a relationship with a young lady who calls the police disproportionately to most women. Run for the hills. Do not become one of them.
If you are saying that she is willing to lie in a retraction statement then that is a perverting as well.
There are lots of women about who don't lie to all and sundry and you would be much better off with one of them.
I'm happy to continue with this but please leave feedback for my answer.
Customer: replied 3 years ago.
But preventing will lead to an wasting police time ? or
Customer: replied 3 years ago.
Is it unlikely that she drops charges and cps drop the case even where there is evidence such as pictures ?
Customer: replied 3 years ago.
What is the likely result if I please guilty of assault and theft ? it is my first offence what normally are the court fees? will the judge be aware that the case has been dropped by the victim? Can a case be dropped before the first hearing or will thy wait to see if I plead guilty or not guilty
Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Customer: replied 3 years ago.
no I have not I will leave a rating after everything is answered
Expert:  Jo C. replied 3 years ago.
That must have been a site error. That does happen sometimes.
I will opt out for you.
Customer: replied 3 years ago.
can u answer me then please
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
What else do you need to know?
Customer: replied 3 years ago.
I am on charge for assault and theft against my girlfriend he said I punched her and stole her phone. She phoned my brother saying she is going to say she lied because she wants everything back to normal what is going to happen to her she is 17 and no criminal record most likely a fine ? if se says she lied will I have to attend my first hearing still?
Expert:  Ash replied 3 years ago.
Yes you always have to attend unless the Court or Police tell you otherwise.
If she lied it will come out. If she does not want to give evidence against you she can be made to by the Court. it will be up to your lawyer to show she has lied.
If she tells the Police she made it up she could be prosecuted for wasting Police time.
If you are found not guilty you wont get anything.
If you are found guilty then dependent upon injuries you will probably get a Community Order.
Can I clarify anything for you about this today please?
Alex
Customer: replied 3 years ago.
She told my brother she is going to say she self harmed and claim I dident do it because she misses me .. if they believe her and she gta prosecuted will she get a court case or just instantly prosecuted..? if they believe her surely I will be made do not go to my first hearing ?.. if they don't they will get a summons ? if they don't will they check her phone at all even if she claims I haven't contacted her? Few scratches and theft what sentence would I be looking for
Expert:  Ash replied 3 years ago.
You HAVE to go to a hearing UNLESS you are told otherwise by the Police or Court.
If she does not say she will give evidence they can summons her. They can check her phone records to see if you have called her yes. You can't talk to her, even if she calls you - you must put the phone down.
I have already said what sentence you would get - Community Order.
Alex
Customer: replied 3 years ago.
ino they can but... Will they check her phone even if she claims we have not spoken ? I can understand them checking records if. she feels threatened and tells them to but if she. doesent claim to will they take an ininitaitve ? and lasty If she claims self harm an says she lied will she have a court case for wasting police time or just a charge instantly
Expert:  Ash replied 3 years ago.
They are unlikely to check her phone unless she says you have spoken. If she says she has self harmed and made a false statement it is possible she is charged for wasting Police time.
Please do remember to rate so that I am credited for my time.
Can I clarify anything else?
Alex
Customer: replied 3 years ago.
If she is charged I'll she have to attend court or can be charged without a court case
Expert:  Ash replied 3 years ago.
If she has no previous she may get a caution but if charged then she will have to attend Court.
Does that help?
Alex
Customer: replied 3 years ago.
LAstly if she says she has lied will they need to review or make a decision straight away while she it at the station
Expert:  Ash replied 3 years ago.
It will be reviewed by a lawyer, so probably not straight away.
Does that help?
Alex
Customer: replied 3 years ago.
So you think she will escape preverting the course of justice ? and get wasting police time as she is only 17 with no previous convictions
Expert:  Ash replied 3 years ago.
Wasting police time only, it's not perverting.
Please remember to rate so I am credited.
Thanks
Customer: replied 3 years ago.
So cps are likely to give a wasting police time charge and not perverting the course of justice ? what makes them decide between the two? My girlfriend has admitted to lying now cps have the case she only claimed I punched her .. charging her for perverting the course of justice is abit strict but people differ in opinions on what she will get. some say cps don't give out wasting police time charges or cautions ?
Customer: replied 3 years ago.
Wasting police time or perverting how will cps decide I mean she is only 17 police are saying she could get done for preverting !!
Expert:  Ash replied 3 years ago.
Wasting is when someone wastes their time. Perverting is where someone lies etc.
I am happy to provide more help if you rate my answer,
Alex
Customer: replied 3 years ago.
You previously said if she says self harm and claims to make a false statement she could get in trouble for wasting police time ..? now surely that is lying and as u said lying is perverting .. I will rate I just need to know why she will get wasting police time and not perverting course of justice your contradicting
Expert:  Ash replied 3 years ago.
She will get wasting police time. It has not gone to court and she has not lied on oath.
That is why,
Please remember to rate,
Alex
Customer: replied 3 years ago.
Well I do have a first court date hearing and did breach m bail and got a warning .. does that still count as wasting police time
Expert:  Ash replied 3 years ago.
Yes.
Can I please ask you to rate so that the site credits me for my time please.
Alex
Customer: replied 3 years ago.
So I've been charged for assault and theft .. cps decidsed to take me to court and charge me .. however now the victim as made a retracing statement that the damage was from self harm but there was still 'pushing and shoving' Cps could now drop the charge as there is no evidence correct as they did decided to take me to court because of the pictures now if she is claiming there was assault but the pics were from self harm what happens ? Is it possible they would just carry on the single theft charge and drop the assault? how long is the process or a reviewing lawyer to make there decision and do they review cases on Sundays
Expert:  Ash replied 3 years ago.
I have asked that you rate my answer as I have given you lots of advice, I am happy to continue for free if you do it now.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.
I have rated can you please answer to my previous questions
Expert:  Ash replied 3 years ago.
Cps can review the file at any time and decide to drop it. If she self harmed then you plead not guilty. The prosecutor would then have to prove it was not self harm. They have cps lawyers working 7 days a a week.

Alex
Customer: replied 3 years ago.
Like I said sir .. she has retracted her statemet and said she self harmed but says there was still pushing but the picture evidence she provided she has said was through self harm through her retracted statement ... what I want to kno if the cps charge her for wasting police time will my charge for assault drop and they only carry on with theft?? Is there a possibility she gets charged for wasting police time but they still wait to see if I plead guilty !? She gave a statement saying what she said was exggerted the pictures the police have taken are self harm but went on to say there was still pushing .. if the cps believe her surely they can't take me to court they will drop it ?
Customer: replied 3 years ago.
If she is charged for wasting police time for saying the pictures were from self harm will I still be charged for assault? or is. it one or the other? And if the charge for assault is dropped will they carry on with the theft or drop the case altogether ?
Expert:  Ash replied 3 years ago.
Will your charge automatically drop if she is charged, no. They are independent of each other.

If the cps believe her they should stop your case.

Alex
Customer: replied 3 years ago.
Do you mean the assault and theft are independent or her being charged for wasting police time and me being charges Is indepependent
Customer: replied 3 years ago.
If they believe her my case for assault will drop but they will carry on with the theft charge?
Expert:  Ash replied 3 years ago.
The charges, if any, against her are independent of charges against you.

They can carry on with either or both charges or drop them both.

Alex
Customer: replied 3 years ago.
If the cps charge her for wasting police time (lying) surely they would drop my case or would they just remove the pictures from the evidence
Expert:  Ash replied 3 years ago.
They are likely to drop the case but her case is independent of yours.

Alex

Customer: replied 3 years ago.
Is it possible to apply to get my case from the cps to be sent back to police to review a caution because I did not know that if I make a statement and plead not guilty it gets taken to cps and court first time arrested
Expert:  Ash replied 3 years ago.
If you have previous then no. Otherwise you can ask the prosecutor in court. But for domestic violence the answer is normally no.

Alex

Customer: replied 3 years ago.
How would I put up a strong case for this ? first time arrested and not really knowing what I was doing
Expert:  Ash replied 3 years ago.
You would need a solicitor to make representations.

Alex

Customer: replied 3 years ago.
They asked my girlfriend if she would be willing to attend courts he said yes and was made to sign something can she change her mind now? can they force her to give evidence ? what if she does not turn up? Also what every she says in court will be contradicting due to there being two statements as she has said she has lied but it seems the cps have ignored that as since Saturday they have not been in contact with me or her soo confusing. Could I avoid community order for theft and assault with scratches ? if so for first offence is it low level 40-80 hours and domestic is it usually unpaid work?
Expert:  Ash replied 3 years ago.
She can change her mind. If she does not turn up they can get a warrant and arrest her. You can't avoid a community order for a domestic assault. It can be unpaid work, or it might be supervision or something else.
Customer: replied 3 years ago.
The police told her if it goes to court she will have to attend as she signed that document? At trial if I plead not guilty she has two statements due to her retracting statement what does she do? What is the best possible wayfor this case to drop it is next Wednesday (first court hearing) she has said she has lied but we have not heard anything what does this mean .. should she say she is not willing to attend court aswell maybe that will make them reconsider or what .. cps even after saying she lied have not got back to her how long do they take?
Expert:  Ash replied 3 years ago.
They can take a few days.

Alex

Customer: replied 3 years ago.
she has changed her mind about signing that court document where she now has to go how does she go about telling the police dw does not want to I don't think she has been summonsed so ?
Expert:  Ash replied 3 years ago.
The police can take action including dropping it.

Alex

Customer: replied 3 years ago.
the police said as she has signed that document a must now attend court but he has not even been summonsed hmm strange. She told the police she lied and exaggerated on Saturday still nothing on either side .. they may summons her or because he signed that document just wait for court
Expert:  Ash replied 3 years ago.
She needs to wait.

Alex

Customer: replied 3 years ago.
if I am charged for assault and theft and I plead guilty how does it work .. I agree I slapped er but she said I punched her !? I agree to assault but she said i spat on her but I dident will I get a say but I not want to go in trial but does that mean I plead guilty to all her statements like I threatened to kill her family when I dident ? the threats can't be brought up in court can they as I'm on charge for assault and theft? or can they I am guilty for theft and assault but not how she has described
Expert:  Ash replied 3 years ago.
If you plead guilty there will be a pre sentence report and of will be sentenced.

Alex

Customer: replied 2 years ago.

A trial date has been set. If my partner does not turn up to court she has been asked to turn up will they use her original statement against me?

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