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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I had fallen out with my former friend, I have sent some threating

Customer Question

I had fallen out with my former friend, I have sent some threating text messages i.e. like messing up her life and similar, then I also I have asked her husband for fight via Facebook messaging service. I was upset and angry because
before this she wanted no any contact from. Then I wanted to find out why and asked if i can be forgiven. Most messages were ignored by her or husband. That event took about nearly month .She has pressed charges against me, so about a
week later on 31st of October 2015 I was asked by police to attend police station and given choice to come on voluntary bases for interview otherwise police will issue a warrant for my arrest. I went in voluntary and I got given a
Caution for a Harassment without violence with a condition not to contact my former friend.
After 3 days of caution I have a sent her about 5 text messages about asking her to give me chance to fix this friendship and also I have called about 30 to 40 times from a withheld phone number, one of the phone calls she picked up the
phone and I asked her let’s talk, I’m sorry and let’s fix this friendship. I did not send any threatening messages or said anything horrible.
I also have asked her in text messages if she has contacted the police, because in my mind I thought if she won’t she might give me a chance to fix friendship, or if she has contacted I will be aware that police will come and arrest me.
But she did not reply.
2 days later I got arrested and taken in custody, I was very upset and my behaviour was not the best whilst in custody, so I got extra 2 charges and nearly lost a bail because of my attitude toward the staff.
After the arrest I had realised She do not want any contact from me and I have accepted that.
My charges are as follows:
Harassment without violence
On 03/11/2015 at Northampton pursued a course of conduct which amounted to the harassment of FORMER FRIEND and which you knew or ought to have known amounted to the harassment of her in that you sent numerous text messages and called
her 30-40 times in two hours causing her distress CONTRARY TO SECTION 2(1) AND (2) OF THE PROTECTION FROM HARASSMENT ACT 1997. H.O. 195/94 Local None CJS PH97004
Assault a constable in the execution of his / her duty On 05/11/2015 at Northampton assaulted PS a constable in the execution of his duty CONTRARY TO SECTION 89(1) OF THE POLICE ACT 1996. H.O. 104/23 Local None CJS PL96001
Criminal damage to property valued under £5000 On 05/11/2015 at Northampton without lawful excuse, damaged a mattress to the value of £400 belonging to Northamptonshire Police intending to destroy or damage such property or being
reckless as to whether such property would be destroyed or damaged CONTRARY TO SECTIONS 1(1) AND 4 OF THE CRIMINAL DAMAGE ACT 1971 H.O. 149/None Local None CJS CD71039
I am on bail now with 2 conditions
I am going to plea guilty for criminal damage and assault charges.
But I feel unfairly charged with a harassment charge as I did not mean to cause any distress to her, my purpose of contacting her was just to apologise and try to fix the friendship.
So my question is what should I plea and can I argue my case. If I plea not guilty on harassment without violence and does it apply only on offence after the caution or will I get tried for same offence that I was given a caution.
Thankyou!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
You will only be tried for the instant charges but the caution will be used as bad character. Also, on these facts you don't have a defence I'm afraid. On the face of it your only option is to plead guilty. There is no defence in saying you wanted to apologise.
Expert:  Jo C. replied 1 year ago.
She may not give evidence of course but I suppose you have admitted this in interview.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have admited in interview that i have called her or texted, also they have print outs of text messages, but i have seen some of them were before caution. but i believe they will use for an offence after the caution as they have mixed up the paper work
Customer: replied 1 year ago.
my intention was not to cause any distress to her, on my guilty plea will they take the content into consiridation, before caution i never been in trouble with the police or law
Customer: replied 1 year ago.
and what is the most likely sentences on pleaing guilty of all charges
Expert:  Jo C. replied 1 year ago.
What are the facts of the offence please?
Customer: replied 1 year ago.
I have sent a few messages asking her let's talk and resolve this matter, also i have asked her if she has told police about me contacting her as i wanted to know whether to expect a police or not, in my mind i thought if she won't tell the police i might have a chance to restore the friendship, and if she has then i will know she dont want anything to do with me
also i have called from a witheld number about 20 to 30 times in space of 2 hours hoping she will talk to me, but she only answered one of my calls and said she dont trust me anymore and that i have messed her life up and then she hunged up
Customer: replied 1 year ago.
i made it clear to her that i am not running away from police, i told in text if you have told police ask them to ring me for my arrest. but all messages were ignored
Expert:  Jo C. replied 1 year ago.
How many messages in total roughly?
Customer: replied 1 year ago.
About 5 and 3 on the following day after caution with a condition not to contact her
Expert:  Jo C. replied 1 year ago.
Do you have any previous convictions?
Customer: replied 1 year ago.
No, never been in trouble with the police before
Expert:  Jo C. replied 1 year ago.
I would expect it could be a low level community order.
It is a small number of messages and that is great but the aggravation is that it was only just shortly after a caution for the same offence.
It is possible that it could be a fine or a conditional discharge but you can't rely on that.
Customer: replied 1 year ago.
Thanks for your advice. My money spent well :)
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.