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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Hi, I am getting accused of damaging someone's car. They

Customer Question

Hi,
I am getting accused of damaging someone's car. They have gone to the police and mentioned my name. Can I get prosecuted for it. As they have no prove
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.
Yes, they could. Anything can happen. CPS do regularly bring very weak cases and that is why sometimes people are acquitted.
It will depend on the evidence. If somebody has mentioned your name then there must be some nexus to you. Whether it is enough of not is another matter. If a person is saying they saw you do it then that is fairly strong evidence.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I have done nothing wrong and how can I prove that
Expert:  Jo C. replied 2 years ago.
There is no sure fire way of proving a negative.
It is never possible to prove that you did not do something.
All you can do is shake away at the Crown's case until you create a doubt.
Customer: replied 2 years ago.
what can I do if I get arrested for it
Expert:  Jo C. replied 2 years ago.
Have the solicitor that you are offered and follow his advice which will probably be to answer questions in interview unless there is no case to answer.
Customer: replied 2 years ago.
What if everything is circumstantial is that enough to prosecute
Expert:  Jo C. replied 2 years ago.
Yes, they can rely on circumstantial evidence.
Customer: replied 2 years ago.
If that's the case. Which I have done nothing Wrong will I be found guilty?
Expert:  Jo C. replied 2 years ago.
There isn't anyway of predicting that. It depends on the evidence and also whether the court get it right.
There are wrongful convictions sometimes.
Customer: replied 2 years ago.
I know sorry. Just asking your professional opinion. The police wanted to arrest me today but he said no. Based on that. Is he using it to scare me away or using it on some other excuse? In your professional opinion
Expert:  Jo C. replied 2 years ago.
That is nonsense.
The police wouldn't fail to arrest because he isn't happy. It doesn't work like that. Complainants don't control the police.
He is winding you up if he has told you that.
Customer: replied 2 years ago.
Yeah he did. it don't make me feel good and the added stress of it all. What steps can I do in your opinion? Shall I just leave it and see what happens?Just need to know what to do next as it worrying me
Expert:  Jo C. replied 2 years ago.
There's no positive action that you can take really.
I suppose you can call the police and ask if they want you to hand yourself in but there isn't really much point in that as it is just making it easy for him.
Customer: replied 2 years ago.
The police have been round this morning, but I was out. They want me to ring them. What do I do?
Expert:  Jo C. replied 2 years ago.
Phone them and arrange an appointment to attend voluntarily.
They will only come and arrest you if you do not and at least if you attend voluntarily you can choose a time that suits you.