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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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If charges of assualt against my partner are in my name can

Resolved Question:

If charges of assualt against my partner are in my name can I have them dropped. Witnesses to an incident outside my house contacted the police who came to my home and spoke with my partner and I separately. I assumed I had to speak to the police but I do not recall being made aware that I was making a statement - the police officer said they would take some notes, and it didn't register even when I signed the pc's notebook. My partner is in poor health and has conditional bail that he moved out and did not contact me. He has plead not guilty. We have a son and the whole thing has got out of control tearing our family apart. I have only recently been made aware that the police did not charge my partner but that the charges were in my name and that I didn't need to speak to them at all. Can I put a stop to this now and do I need to do it through a solicitor.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H :

Has he been given a date for court? Is he pleading guilty or not guilty?

Customer:

Not guilty -has been before Sheriff - don't know about court date not allowed to communicate with him except through my son (third party)

Alice H :

The PF makes the final decision about proceedings against a person and, therefore, the PF decides whether should be dropped or not. You can ask for the charges to be dropped if you don't want to go ahead with the case but it is not within your rights to seek a discontinuance of the proceedings. In fact there is Domestic Violence policy in force which means that the presumption is that proceedings should go ahead where there is evidence to do so.

Customer:

Thank you very much

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