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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I was arrested on Friday ABH against my partner,

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I was arrested on Friday for alleged ABH against my partner, whilst the police were there she shouted that he has done nothing and I dont want him arrested. When in the station I heard that it was Womansaid who had reported me due to believing she was in danger. I was kept in a cell for 18hrs before they took my prints etc and then I had an interview where I was arrested for a further 2 alleged ABH, one from a week ago and 1 from september last year. I denied all charges and I gave them answers to why she has bruises etc, they wanted to keep me there longer but couldn't get the paper work done for the CPS so had to bail me until 23rd June with conditions. The solictor representing me said they never told me I had assualted her they where asking questions to fish for answers which in his opinion meant they had no statement. I know my partner will have said in her statement the same things which I said in my interview which would not be accusing me of domestic violence. I'm worried because the way I was talked to in the interview was like I was a monster and deep down part of me thinks they won't believe me or her and will say I am guilty of this despite my partner saying I did nothing. What are the chances of the case being thrown out and would it happen before my bail date? for the the alleged ABH I was taking to the station for they said she had bruising to her face however there was not a picture of that only 4 pictures of other bruises, when asked about her bruising to her face I said she had none to which I was called a liar but they had no photo of that so they have no proof of that, if she had bruising to her face I would have thought there would be evidence of that. The solicitor told me that the CPS might throw the case out but he wasn't sure and that he had never seen that in an interview where they never provided details of what I was meant to have done apart from date range such as"22-30th september-what happened"
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.Do they have evidence that you caused the bruises please?Alex
Customer: replied 11 months ago.
They only presented me with 4 photos, and kept saying things like " you hit her" nothing like at 9pm in the bedroom you did this etc. My partner suffers from a brain injury and she has an alcohol problem and she is always falling over etc the arrest for Septemember was because she fell out of the lower window whilst I was at work due to not being able to find the front door keys and she was having a panic attack due to feeling locked in. The neighbour took her to A + E whilst I was at work and told me what had happened when I got back. I told them the truth such as she fell down the stairs last week when I was at work but they said I was lying and that bruises don't last that long etc I told them to ask her what happened on that day regarding the stairs and she was tell you that she ended up taking all the spindles down as she fell down them. I know the police have a duty to make sure that victims are safe and to make sure I'm not a danger to her but it seems like they had a hidden agenda and want to convict me for their own records. I was told when I was arrested that I would have prints done in 2 hours and then interview after 2 hours of that but I was kept in the cell from 11pm to 4pm until I had my prints done and then had the interview at 9pm I don't know whether that indicates anything.
Customer: replied 11 months ago.
Would I have not been presented with her statement to be able to defend what I had supposedly done to her or would they not issue my her statement if it was nothing to accuse me?
Expert:  Ash replied 11 months ago.
Ok - you dont have to need a witness statement to be prosecuted. They would use other evidence such as a 999 call or photos.However if they did charge you and it went to Court, the Police would still have to prove that YOU caused the injuries. Without a witness complainant (ie your partner) they would fine that very hard to do.Therefore if your partner is not going to give evidence and you did not admit anything in interview, it may well be that this is dropped and does not go anywhere.However the Police have to take this serious as it is domestic violence related.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
I understand about them taking Domestic violence seriously but I feel undermined about all this and the events have not only shocked me but left me so scared. Will I have to wait until 23rd june if they are going to throw it out do you think or would they drop it prior to that, I imagine it would work the other way to if they believed they had enough evidence they could take me back in prior to 23rd June?
Expert:  Ash replied 11 months ago.
Not necessarily - you may just get a letter saying no further actions and released from bail if they review it earlier.I would not look into the fact you are being rebailed to 23rd June, it does not mean anything.I understand that you feel that you have been unfairly treated but I would deal with this aspect after the case is concluded.Can I clarify anything else for you?Alex
Customer: replied 11 months ago.
Would you have expected them to accuse me of doing certain things at certain times and places rather than just saying that I'm angry, controlling and you hit her. The duty solicitor had said they never made any proper allegations which did fill me with hope but I Don't know. They mentioned other injuries but had no photos, is that because there is not enough evidence and they wanted me to admit something so they could an omission as evidence?
Expert:  Ash replied 11 months ago.
They need to formulate an actual allegation if its going to go anywhere.An omission is not evidence so I wouldnt worry about that.But thing sounds like it is not going to go anywhere.Can I clarify anything else for you?Alex
Customer: replied 11 months ago.
Thank you so much for your knowledge, it has reduced a bit of my stress. Before I give you 5 stars for your speedy and detailed response can I ask do the police always press for charges to the CPS even if it is unlikely to convict or do they not always go to the CPS. When I was returned to the cell after interview the officer said she was going to send some paper work off to the CPS and to the commissioner so that they could keep me another 9 hours and then take me to court on the Monday, the sergeant said to her to hurry as she only had 1.5 hours. 10 mins later I was released on bail, does this imply that she phoned the commissioner and he said not enough evidence so don't bother the CPS? sounds like she wanted to pass the info to the CPS and trial me fast
Expert:  Ash replied 11 months ago.
Well they have to pass it onto the CPS because it is domestic violence sadly.If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for your time, 5 star rating
Expert:  Ash replied 11 months ago.
Thanks. Good luck. Alex

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