How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hello, tomorrow i'm being arrested for something that isn't

Customer Question

Hello, tomorrow i'm being arrested for something that isn't being disclosed to me until tomorrow, i'm suspecting my wife has reported me for kicking her in self defence, i have no criminal record, what is likely to happen?
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 :

Do you know if your wife has reported you to the Police for anything?

Alex Watts :

Did you kick her?

Alex Watts :

Did she suffer injury>?

JACUSTOMER-yh00gszl- :

i don't know whether it's about her

JACUSTOMER-yh00gszl- :

i didn't kick her, i used my foot to remover her off me as she was digging her nails into me

Alex Watts :

Ok. They havent given you any indication whatsoever? Not even what the alleged offence is?

JACUSTOMER-yh00gszl- :

and she says she had a bleeding cyst in her ovaries, but she had an enlargment before all this happened

JACUSTOMER-yh00gszl- :

no indication at all, just to turn up at 10am, so they can deal with me quickly

Alex Watts :

ok

Alex Watts :

OK - I would turn up and see what happens.

Alex Watts :

If they interview you, you have a right to have a Solicitor present.

Alex Watts :

It may be just an informal chat.

Alex Watts :

Even if they want to offer you a caution you have a right to consult a Solicitor

JACUSTOMER-yh00gszl- :

they said they will be arresting me

Alex Watts :

Ok - that is not unusual

Alex Watts :

But in any event you have a right to legal representation if there is an interview or caution

JACUSTOMER-yh00gszl- :

so if i am being done for (what battery?), what is the likely outcome

Alex Watts :

But you dont need to say or agree to anything until you know what the allegation is and you have sought legal advice.

JACUSTOMER-yh00gszl- :

what is the worse case scenario?

JACUSTOMER-yh00gszl- :

given my squeaky clean record, am i likely to go to court and get put away, fined, community services etc?

Alex Watts :

You could be arrested, charged and taken to Court.

Alex Watts :

Well its hard to say without knowing what the charge is.

Alex Watts :

If it is a domestic assault with no serious injury and you plead guilty, then Community Order

JACUSTOMER-yh00gszl- :

would it help or hinder if i said she attacked me first? and i kicked in self defence?

Alex Watts :

It would help you if she attacked you.

Alex Watts :

Self defence is what a reasonable person would do

Alex Watts :

So someone coming at you and self defence is not an exact science.

JACUSTOMER-yh00gszl- :

she did, although i have no evidence of it, this happened over two weeks ago

Alex Watts :

Yes indeed. But they would have to prove, if it went to Court that it went beyond self defence

JACUSTOMER-yh00gszl- :

so a bleeding internal cyst (as far as i know), she went for a scan of her abdomen and whatever else, would this be enough evidence to say, well yes, he caused this, lock him up?

Alex Watts :

Possibly. But you still have your defence of self defence.

Alex Watts :

If it was that important they would have come round and arrested you.

JACUSTOMER-yh00gszl- :

and to be fair, i was visiting my son (we are divorcing), and she comes back and kicks me out, i had my son in my arms, and she comes and starts prodding me and scratching, so i ask her to get off, i had no way of defending myself whilst my son was in my arms other than the foot

Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-yh00gszl- :

one more question

Alex Watts :

Of course.

JACUSTOMER-yh00gszl- :

if i arrange a solicitor to meet me there (rather than ask for a duty solictor), will i be charged for that service?

Alex Watts :

Yes you may be.

Alex Watts :

You need to check with your own Solicitor beforehand.

JACUSTOMER-yh00gszl- :

would u say i am safe enough to request the duty one?

JACUSTOMER-yh00gszl- :

in this instance

Alex Watts :

I would, just initially.

JACUSTOMER-yh00gszl- :

before i leave

Alex Watts :

Yes

JACUSTOMER-yh00gszl- :

given what i have told you, what is likely to happen, and what could be the worst case scenario?

Alex Watts :

Its hard to say what will happen, I am guessing about the allegation.

Alex Watts :

Worst case, they charge you and you are bailed to attend Court

JACUSTOMER-yh00gszl- :

and in court? what could i get?

Alex Watts :

Community Order as discussed above

Alex Watts :

Which as you say is Community Service

Alex Watts :

Does that help?

JACUSTOMER-yh00gszl- :

yes, thanks

JACUSTOMER-yh00gszl- :

i hope it may be a caution from the police

Alex Watts :

Yes

JACUSTOMER-yh00gszl- :

given that i was defending myself

JACUSTOMER-yh00gszl- :

i have plenty of evidence of my ex's anger in emails and texts

JACUSTOMER-yh00gszl- :

and commands and threats etc

Alex Watts :

Yes it sounds like you have a defence

JACUSTOMER-yh00gszl- :

is it up to the police to decide whether to charge or not?

Alex Watts :

Yes.

Alex Watts :

Well they hand the file generally to the CPS

JACUSTOMER-yh00gszl- :

but can the police decide not to give it to the cps

JACUSTOMER-yh00gszl- :

does the fact that this all happened weeks ago help me

Alex Watts :

The fact it is weeks does not help either way. The Police can charge without referring it to the CPS yes

JACUSTOMER-yh00gszl- :

this is basically my wife trying to cause me trouble, how can i put that across diplomaitcally for my defence

Alex Watts :

Well that is what your Solicitor is for

Alex Watts :

You have a defence by the sounds of it

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-yh00gszl- :

let me think

Alex Watts :

Ok

JACUSTOMER-yh00gszl- :

i'm thinking back to her knowing she had a slight/lump swelling in her abdomen before all this happened, would me clarifying this help me, because if she had initial underlying issues anyway, it just so happens that whatever i am supposed to have done has caused the cyst to bleed (seems unlikely given how the kick was, more of a push with the foot than a kick).

JACUSTOMER-yh00gszl- :

she seems to be using that as an issue to get me arrested to cause me distress for the failed marriage

JACUSTOMER-yh00gszl- :

would i be ok mentioning this? or would it seem desperate for a defence

Alex Watts :

Yes you can mention that, but that in itself is not not the defence.

Alex Watts :

Your defence is of course self defence

Alex Watts :

Does that help?

JACUSTOMER-yh00gszl- :

sorry, i feel the answers were too open ended, i believe my case was quite classical, i think £38 was steep for an online service, and there was no cheaper option, you would deserve between £15 and £20, if there is any way i can guarantee you get all my money i would give it to you. thanks for your advice anyway.

Alex Watts :

We spent an hour talking? Without seeing all the evidence I can't give you a firm answer.

Alex Watts :

You dont even know what the allegation is

Alex Watts :

So how can I give you advice if you do not know what you are facing or what evidence they have?

Alex Watts :

I would like to help you resolve it

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice