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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner has been charged with common assualt and tested

Resolved Question:

My partner has been charged with common assualt and tested positive on a drugs test . the cps are prosecuting and a court date has been set . I do not want it to go to court . It was totally out of character , has never happened before and my partner is now seeking professional help for his drug problem . is there anything i can do to prevent this going to court and getting his bail conditions ( no contact with me or 2 other witnesses ) lifted .I was not the person who contacted the police .

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was this domestic violence related? Did you call the police?
Customer:

Hi Alex ,

Alex Watts : Hello.
Customer:

I did not call the police . a neighbour did . the police attended and took my partner away . he has never been violent towards me whatsoever before . i know it was a combination of drugs and alcohol that resulted in his violent behaviour . When i was in contact with the police on monday i was informed that even if i did not want to prosecute it would be refered to the cps and as a result the decision has been made to prosecute . I do not want this and need your advice as to if there is anything I can do . My partner and I are both respectable adults (49 & 48 ) who hold responsible jobs .

Customer:

He is , as I write , attending a clinic in Birkenhead , Merseyside to seek professional help for his drug addiction .

Alex Watts : Has he admitted it in interview? What did the witnesses see?
Customer:

any help / advice you can give me would be greatly appreciated Alex

Alex Watts : Of course
Customer:

in interview he was advised by his solicitor to answer no comment . One witness was with me in our flat when Nick came home . He was very verbally abusive towards her and she got up to leave as told to by my partner . then he came towards me shouting abuse . I am not sure if she witnessed him putting his hand to my throat or throwing me on the floor . a second witness came up to see what all the shouting was about and to tell Nick that his children were in bed . He saw me on the floor and Nick kicking out at me . then he called the police

Customer:

I think the lady in the flat saw Nick kicking out

Alex Watts : Ok. The bad news is you have no control over the prosecution. It is down to the police whether or not they proceed.
Alex Watts : What you can do is give a statement saying you don't support the prosecution.
Alex Watts : Did you give a statement saying what happened?
Customer:

I was interviewd at the time by the police and yes I did give a statement . Alex I know what he did was wrong but I also know it was totally out of character and he is devastated by his actions . He was given a date of next Tue to attend the drug abuse clinic but rang them yesterday to try and get help asap . Hence him going yesterday and today .

Customer:

re the statement saying I dont support the prosecution ;Would I contact Merseyside police with the crime ref number ?

Customer:

What would happen if I didnt attend the court hearing ? ( obviously I dont want to get into any trouble ! )

Alex Watts : Why did you give a statement if you didn't want the matter to proceed?
Customer:

I suppose you can call me nieve never having been involved in anything like this !! Obviously at the time I was very upset and shocked . I just told them what had happened and gave the statement thinking that was what I had to do

Alex Watts : The problem is it is out of your control, you can give a statement saying you don't support the prosecution
Alex Watts : But it's not in your control to stop it.
Alex Watts : If you indicate you are not willing to go to court they can summons you.
Alex Watts : If you do not attend court then could have a warrant for your arrest to be brought before court.
Alex Watts : That does not happen very often but you won't have criminal charges against you
Alex Watts : The other witnesses can give evidence and he may or may not be comvicted
Alex Watts : But that is all you can do - give a statement to police
Alex Watts : Can I clarify anything for you about this today please?
Customer:

ok , I will contact Merseyside police . Thank you for your advice Alex

Alex Watts : is there anything else I can help with?
Customer:

no , thats it Thank you

Alex Watts : Ok, if I could just invite you to rate my answer before you go - thanks
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