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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I'm due in court in 2 weeks to face the charge of assaulting a PC. If I get charg

Customer Question

Hi, I'm due in court in 2 weeks to face the charge of assaulting a PC. If I get charged I could lose my job because I teach. They have the assault on PC camera, it was not at all serious and there were no injuries to the police officer. Prior to the arrest, the officer had said 'that's it I'm arresting you' with no reason given to me so I struggled to avoid this; I didn't know what he was arresting me. This had obviously then left me wound up which is when I retaliated, by extending my arm as I passed him in the hall way and swung my arm to make contact with him (as if I were swinging my arms as I was walking). Is there any way I can get out of this?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Hello do you mean getting out of being charged?
Customer: replied 7 months ago.
Yes
Customer: replied 7 months ago.
I was interviewed and charged so have to attend magistrates court, but I need a CRB check for work and I will have to tell them, which may lead to dismissal
Customer: replied 7 months ago.
Can I move away from this screen? Will I be alerted when you have responded?
Customer: replied 7 months ago.
Hi, what kind of timescale can I expect a response from you please? I've waited for an hour and a quarter and was expecting it to be a kind of instant chat? I'm feeling very apprehensive about this situation as you can imagine
Expert:  Jo C. replied 7 months ago.
Sorry if I am missing the point but you seem to admit the offence? And they have the evidence on body cam?How were you hoping to avoid a charge?
Customer: replied 7 months ago.
But he had arrested me in the first place for no reason, and that was on the camera too. If what I did was assault, then surely him man-handling me trying to arrest me with no cause is also assault?
Customer: replied 7 months ago.
I had had quite a few drinks so all I know is what I saw on the body cam too. They would not let me take my bottle of wine with me, even though it was mine. I kept repeating that I had done nothing wrong (which I hadn't) and then he arrested me with no reason given
Expert:  Jo C. replied 7 months ago.
Well possibly, but the point remains that you were under arrest and you resisted.He should give a reason for arrest although there are lots of caveats to that and the failure to give a reason wouldn't invalidate the power of arrest.
Expert:  Jo C. replied 7 months ago.
I haven't had vision of the case obviously but this would seem fairly overwhelming.
Expert:  Jo C. replied 7 months ago.
The only way you win assaults on PC is to challenge the reason for the arrest. Magistrates almost always believe police officers on facts but you can sometimes trip them up on law.
Expert:  Jo C. replied 7 months ago.
If you are intent then that is the way to run this but there will need to be more than failing to give you a reason per se.
Expert:  Jo C. replied 7 months ago.
I would imagine they are alleging some form of public order.
Customer: replied 7 months ago.
My friend got loud in the hotel and we were asked to leave. In the interview I was told it was because of my friends that the police were called. We were told by the police to get our belongings so I went to take my wine, which was part of my belongings. That's when it all started with my being arrested. How do you mean 'trip them up on law'? Would you suggest I pay a solicitor to represent me?
Expert:  Jo C. replied 7 months ago.
If you need to avoid a conviction then you will be better off paying for representation.The only way you will win this is to get them to accept that the arrest wasn't lawful. That might not be possible but it is the only chnge that you have.
Customer: replied 7 months ago.
And if I get them to accept that there will be nothing on my record? They won't still pursue the fact that I had 'assaulted' him? (Seems like such a serious word for such a trivial incident.)
Expert:  Jo C. replied 7 months ago.
The fact of the allegation will still show on your enhanced checked DBS but it will be written in a way that reveals you weren't convicted. Assaults can be very trivial. If the public had any idea of what most of what we euphemistically call 'domestic violence' amounts to there would be an outcry about the amount of money we waste upon the whole topic.
Customer: replied 7 months ago.
Very true. Thank you for your response. I have contacted a solicitor to represent me, but I'm concerned he hasn't been in touch to discuss my case further. Fingers crossed he'll fight my corner for me.
Expert:  Jo C. replied 7 months ago.
tNo problem. All the best. Please remember to rate my answer.

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