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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Last February 2014 i was arrested counts of non violent

Customer Question

Last February 2014 i was arrested for 2 counts of non violent harassment, i was very ill at the time suffering from PTSD, i was taken to the police station and kept there for 45hrs in this time the police fabricated two more additional charges of common assault & perverting the course of justice.
The plaintiff was working for me and was stealing, she was in a relationship with a police officer at the time and it was his colleagues from the same police station that arrested me. i was sent to prison from the court the next evening, i spent 3 months in prison and after my 5th bail attempt was released on conditional bail 180 miles from my home, on electronic tag, curfew, banned from internet and mobile phone for an additional 3 months, i lost my home, savings and my wife and son where left to fend for themselves. i don't believe this is the correct way to treat anyone with only accusations as proof?
My solicitor has had to list the case in court several times because the prosecution have been uncooperative time and again, at the last hearing the evidence we had been asking for was brought to the court last minute by the arresting officer, the prosecution was then hoping to set a trial date for that week so we wouldn't have time to examine my phone evidence ourselves, luckily the judge was very fair and set a trial date for september 2015 as far as the prosecution & police are concerned it has only been abuse of process on there behalf.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

I would like to know if this is the usual procedure, putting someone in prison without a trial, doesn't this go against my right as per article 6 to be presumed innocent and it is on the bearer to prove i am guilty and not the other way round as it seems to be

Expert:  Jo C. replied 1 year ago.
I presume you mean you were remanded in custody under the Bail Act?
Customer: replied 1 year ago.

yes i was it didn't seem fair not when you have rapist and potential murders released on bail, its either presumed innocent or not which one is it ? which leads me to assume as the plaintiff was in a relationship with a police officer they got her to tell them more historic events and made up the other charges loosely based on the truth in order to imprison me

Expert:  Jo C. replied 1 year ago.
Yes, that is normal procedure.
The issue is not seriousness of the offence although harassment is serious. There are four grounds to withhold bail.
The first is that a person will fail to surrender. The second is that they will interfere with witneses. The third is that they will obstruct the course of justice. The fourth is for their own safety.
People charged with murder are not generally bailed. People charged with rape are often bailed reflecting the rubbish quality of the evidence of most rapes which causes the low conviction rate.
If this is a harassment then that concern was probably interference with witnesses and obstruction of the course of justice.
The relationship with an officer is a non issue which will have played no part.
Can I clarify anything for you?
Jo

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