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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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, I have to go before a Magistrate arrest

Customer Question

Hello,
I have to go before a Magistrate for resisting arrest on 27/04/2015. At the time I was not of sound mind due to a mix of my anti-depressant medication and a mixture of tranquilizers I had had no experience with. I have no previous and cannot afford any criminal record as it will ruin my future career prospects that I have been studying towards for the past 6 years.
Should I seek full legal representation and is this a case of strict liability I cannot escape.
Kind regards
Matthew Connor
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.
It isn't strict liability. You have to have mens rea but being not 'of sound mind' is not a defence.
It depends on the circumstances of the case but if the officers were acting lawfully and you did make their task harder in some way or another that amounted to a conscious act then that is resisting arrest I'm afraid.
You can seek representation. You probably will not get legal aid for it though so would have to pay privately. It can be worth doing that. It depends on the case.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Thank you for your time.

Matt

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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