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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I was charged with using abusive or threatening words

Customer Question

Hello,
I was charged with using abusive or threatening words or behaviour to cause distress or harassment and my trial was on the first of March. However, as I was being treated, I couldn't apply for a visa earlier and the court did not accept my excuse. The trial went on, and the case was proved in my absence and lack of self defence...they did not declare a sentence and they want me to come to the UK to be sentenced.
Can the sentence be a custodial one? Can I appeal from overseas or do I have to be present and sentenced after which I may appeal? I was, and still am, receiving mental treatment! Would that help an appeal riot at least reduce the sentence? I would like a consultation from overseas.
Thanks a lot
Regards
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 :

No, it wont be a custodial sentence.

Alex Watts :

You can lodge the appeal forms from overseas but would need to ATTEND the appeal.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hfqa2nwn- : Are you positive about the non-custodial sentence because it was alleged I was threatening them with a knife.
JACUSTOMER-hfqa2nwn- : are you positive about the noncustodial sentence as it was alleged I threatened then with a knife?
Alex Watts :

Was it Section 4 or Section 5?

Alex Watts :

Yes I am sure.

Alex Watts :

Section 5 is a fine only

Alex Watts :

Section 4 is a fine only

Alex Watts :

Does that clarify?

JACUSTOMER-hfqa2nwn- : It was both section 4 A(1) and section 5
Alex Watts :

Did you show a weapon?

JACUSTOMER-hfqa2nwn- : Allegedly yes
Alex Watts :

But you disputed that?

JACUSTOMER-hfqa2nwn- : yes, but I couldn't be there for the trial to defend myself so they took the accounts of the accusers and proved the case
Alex Watts :

Ok - well the Court will have to sentence on your case.

Alex Watts :

Given there was no weapon brandished then it would be a Community Order

Alex Watts :

If a weapon was brandished it would be custody but it could be suspended.

Alex Watts :

The Court would have had to make a finding that the weapon was brandished.

Alex Watts :

I don't know whether the Court did

Alex Watts :

But in any event you could seek a suspended custodial sentence.

JACUSTOMER-hfqa2nwn- : how do I do that?
Alex Watts :

Your Solicitor will ask. You can ask for the duty Solicitor on the day

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-hfqa2nwn- : not at the moment, thank you
Alex Watts :

Great. Good luck with this and if I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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