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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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I have been arrest and have now been on bail for

Customer Question

hi i have been arrest for GBH and have now been on bail for 6 months and am due to go back to the police on the dec 29th
Back story to this my ex girlfriend of just 4 months went to the police saying that i had gone round there and force my way in demanding her phone and and broken her finger in a struggle for the phone. also while in the the relationship so says that i was dominating and controlling and wouldn't let her have friends and changing the passwords on her Facebook account.
all of this was completely wrong as i told her to see friends as i do work as lot and she was always texting me and as far as Facebook goes i only looked as her account when she asked me to look at something for her as lets face it its Facebook after all.
clearly i have denied it and told a different story to hers as as in her story i meant to have snatched her bag from her had and got the phone that way I'm my story she put the bag down and thats when i got hold of the bag and got to the phone and deleted my number from her phone and left all this while there was a sleeping child in the next room undisturbed.
sins my arrest she has told a few people the truth about what really happened and someones told me that she pushed a door after i left and then told the police it was me that hurt just the ring finger on her right hand to teach me a lesson. i have asked this person that told me this if the wouldn't mind talking to the police about what she had said and they have now made a statement to them sins then she has been trying to give them some stick on Facebook trying to make out she doesn't know this person.
this statement was made about a month ago now and yet my bail keeps getting extended.
so my Q is
is it likely that the CPS will charge me with something or my bail extended again and if so can i refuse the bail extension
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today.
Expert:  Alice H replied 1 year ago.
Are there any witnesses to the incident? Any injuries? Any report of past incidents? Do you have any previous convictions?
Customer: replied 1 year ago.
no witnesses her side as far as i know they still do not have a medical report witch is why I'm on bail pending one
Expert:  Alice H replied 1 year ago.
Any previous incident or previous convictions?
Customer: replied 1 year ago.
no past incidents at all I've only been a arrested for fraud once before but never charged with anything and no previous convictions
Customer: replied 1 year ago.
the fraud was a naughty post man nicking something id sold on eBay back in 2010
Expert:  Alice H replied 1 year ago.
Fair enough. This is one persons word against the other - clearly the lack of any witnesses or evidence supporting the complaint will go in your favour but the medical evidence is crucial. If the medical evidence supports th complaint then a charge will most likely follow especially as this is a case of domestic violence and the government policy is to prosecute wherever possible. Although I don't have all the information I need to give you a comprehensive answer I can tell you that in my experience the presumption in these cases is often in favour of a prosecution.
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
hi alice i have finally been charged today with Common Assault, contrary to section 39 Criminal Justice Act 1988 what am i likely to get on this ? i.e. what sentence
Expert:  Alice H replied 1 year ago.
The maximum sentence for common assault is six months in prison - the charge can only be dealt with in the Magistrates Court. In less serious cases the court can impose community orders or a fine.
Customer: replied 1 year ago.
this one is going to the Magistrates Court so I'm thinking its less serious
Customer: replied 1 year ago.
am i right in saying this
Expert:  Alice H replied 1 year ago.
Hi. It's certainly much less serious than GBH; common assault is the least serious form assault that you can be charged with. But there are levels of assault and in some cases the court click impose a prison sentence. The assault that you've described above does seem to be very minor so I think you might be looking at a fine or community based sentence.
Customer: replied 1 year ago.
they are saying common assault by battery so your probably right although they are making a big thing about it at the moment
Expert:  Alice H replied 1 year ago.
No problem. Can I assist any further?

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