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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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My son was out drinking with friends and like many young people

Customer Question

My son was out drinking with friends and like many young people drank too much. He and friends approached by 12 boys who threatened them. My son has been accused of assault contrary to section 39 of criminal justice act 1988 on two accounts different boys. He was taken to the police station and spent night there.
He is to report to the magistrates court on 03/05/2016 . Should we get a solicitor involved.
He has previous offences 1 similar to above one person given warning, second refused to follow police advice fined 350.
Thanking you Mrs Jestice
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Hello what exactly happened that he is accused of assault?
Customer: replied 9 months ago.
He was jumped on by the gang of boys and he defended himself. The night club called the police and son arrested. Be doesnot know if other boys charged. It does not help as he was under influence of drink therefore memory poor.
Expert:  Jo C. replied 9 months ago.
I presume he did have a solicitor in police interview?
Customer: replied 9 months ago.
Sorry had to wait for son to come home from work. He was offered solicitor however did not have one.
The police have CTV of the incident and this shows the gang approaching my son and his friend. The gang were shouting abuse and from the description of what my son says they lunged forward to hit him and he raised his arms to defend self and hit out at one of them. The report states he hit two, however he explained to the police that he had no physical contact with the second person.
Expert:  Jo C. replied 9 months ago.
I'm afraid that was a fairly disastrous decision.He can use a solicitor now but the damage is done.
Expert:  Jo C. replied 9 months ago.
The only real point to a solicitor at the police station is to give advice about the interview which would almost certainly have been no comment here.
Expert:  Jo C. replied 9 months ago.
Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
What sort of punishment will he be looking at ?
Expert:  Jo C. replied 9 months ago.
When was the caution? How long ago?
Customer: replied 9 months ago.
Three years ago
Expert:  Jo C. replied 9 months ago.
It is not the worst antecedence then. I would have expected a community order of some form.

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