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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have been charged with the following 1 using threatening/

Customer Question

I have been charged with the following
1 using threatening/ abusive / insulting words / behaviour to cause harassment / alarm / distress. Contrary to section 4A (1) and (5) of the public order act 1986
2 racially/ religiously aggravated intentional harassment / alarm / distress - words / writing
Contrary to section 31 (1)(B) and (4) of the criminal disorder act 1998.
I was awoken and arrested from my sleep by two 2 officers approximately 03.00 who entered my house as my wife had called them alleging I hit her. We were both drunken and she did not subsequently make a statement. When the police took me to the station it was here I committed the above 2 offence against officers and I have to attend a magistrates court shortly to answer the charges.
I have been married 15 years I have 2 children and work as a manager for a large global company and have 8 direct line reports. I have no criminal record have never been arrested and was heavily under the influence of alcohol. I deeply regret my alleged actions and am triffid of a custodial sentence in prison. I pleaded not guilty it is my first offence is there a chance I could go to jail?
Submitted: 10 months ago.
Category: Law
Expert:  JG_Legal replied 10 months ago.
Is the first charge in relation to your wife? What did you say in interview at the police station? Have you been to court yet?
Customer: replied 10 months ago.
Yes though I was not charged as she refused to make a statement. I was advised to say no comment to every question. I have yet to go to court (24/02/2016). The offence occurred Saturday morning. I was interviewed at 12.30pm and was told they were presenting the case to the cps. They released me at 18.30 on the two charges no solicitor was with me so I pleaded not guilty and the let me go.
Expert:  JG_Legal replied 10 months ago.
What are you alleged to have said / done to the officers at the station?
Customer: replied 10 months ago.
I cannot remember as I was under the influence of alcohol. Though in the interview they alleged I was shouting all white people are racist motherf**kers. I was not told of anything else and was not asked any questions on making threats of violence. I have not seen a file of my notes.I am asian though my wife is Caucasian.
Expert:  JG_Legal replied 10 months ago.
Using those words would certainly constitute the offence for which you've been charged. Given you can't remember what happened, it would be hard to deny committing the offence especially given I assume there were at least two police witnesses and potentially video evidence.The sentencing guidelines indicate you will be given a Band B fine if found guilty. This is equal to 75% - 125% of your weekly income (after tax and national insurance etc). You will also be obliged to pay court fees, costs and surcharge which will probably amount to approximately £150. You will NOT go to prison for this offence.If you plead guilty to the charges at the first appearance court date you indicated in your response you will get a third off the fine.From the information you've given, it appears unlikely you'll be able to successfully contest the charges and it would therefore appear in your best interests to plead guilty.If you have any further questions please do not hesitate to ask. If you feel I have answered your questions please accept my answer.
Customer: replied 10 months ago.
I only pleaded guilty as I had no legal repression when charged. I will plead guilty if this will help and as you say there were more than 1 officerI have no objection to the fine my fear is prison though you have indicated I will not go to prison. Given all the info could they magistrates have any reason to jail me.
Customer: replied 10 months ago.
Apologies I answered one of the question wrong you asked if the first charge was related to my wife and I said yes. It is no, both charges have been made against me by two officers at the station. Does this change your response and does it mean a prison sentance maybe likely.
Expert:  JG_Legal replied 10 months ago.
No, you will not go to prison. I cannot see any way that the offence as you have described will attract a custodial sentence, especially given you have no previous conviction.
Expert:  JG_Legal replied 10 months ago.
If I have answered your questions please accept. If not, I can clarify.

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