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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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My ex boyfriend was in custody for assaulting me....I had

Resolved Question:

Hi ...my ex boyfriend was in custody for assaulting me....I had just returned from hospital after an appendicitis and drugged on strong pain killers....I was so tired I told police not to prosecute...whilst he was in custody I managed to drive to his house and collect few of my things...I have key....and alarm code. I parked my car in front of his camera so it was clear to see what I was taking.
Next day I was arrested for domestic theft...they found some of the belongings he said were taken ..in his bag at my house...I have no idea what he has in his hold-all at my house. It's just his clothes suits belts shoes etc. I was released on bail ....and told not to contact him.....pending further investigation.
I did however send a message via text to ask if I could return his bags and collect my belongings that are in his possession inc 7800.00 in his bank....3 diamond ring set....and clothes.
I ve also contacted safe neighbourhood team to get an officer to assist.
Pls can u advise me.
Can I give another witness statement as I m no longer in pain and can think straight without mess.
2. How do I get my things back
3.can I sue him for false allegations of theft.
4. Why do I need to return to police station in a month ...
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Have you done this before?

Customer: replied 1 year ago.
No I have never
Customer: replied 1 year ago.
He alleged that I took his snake skin belt and watches and 450.00... From his house.
The watches and belt were found in his hold-all bag in my house.
450.00 was my cash found in my purse that I said I d give him fir booking a short break away for me and my two kids...150.00 per person. But nothing was booked.
Expert:  Jo C. replied 1 year ago.

Sorry if I am missing the point but what is your defence to theft?

You seem to accept going to his house when he was in police custody and removing items which is pretty overwhelming?

Customer: replied 1 year ago.
Hi I went to his house only to collect my belongings.....the defence is ...the items he claimed I had taken were already in his bag at my house......which the police found......
His bag and his belongings were already packed in my car ready to be dropped off to his house at a later date.
Expert:  Jo C. replied 1 year ago.

Well, that is a problem to be wholly honest.

Come what may, his property was found upon you and it was taken when he was in custody.

I could not, in good conscience, tell you that the chances of being successful are strong.

Customer: replied 1 year ago.
What proof would they have....cctv shows only my items being put in the car
Expert:  Jo C. replied 1 year ago.

On your primary points

2 You can always book an appointment with a police officer to attend with you to prevent a breach of the peace.

3 No, there is no chance of that. You underestimate the case against you. It is pretty strong.

4 Because they are investigating you for theft. On this evidence I would brace yourself for a charge. This is fairly overwhelming.

If you are saying that you contacted him whilst on bail with conditions not to do so and he reports that then that will lead to a further charge.

I'm very sorry but it was always a bad idea to go to his property and remove anything at all while he was in custody.

Expert:  Jo C. replied 1 year ago.

The CCTV and the items being found there is pretty overwhelming.

Customer: replied 1 year ago.
What could I be charged
Expert:  Jo C. replied 1 year ago.

I would expect you would be charged with theft and actually probably burglary if you gained access to his house and removed items.

Customer: replied 1 year ago.
But I had a key and knew alarm code....no one had said I m not allowed to go there....I ve stayed there..my belongings are there
Customer: replied 1 year ago.
Will I go prison for something I did nt do
Expert:  Jo C. replied 1 year ago.

It doesn't matter. It was his property and he hadn't given permission and you entered, they will say, with intent to steal which is a burglary.

Prison for a dwelling burglary is possible even on a first offence. I also think there is a huge aggravation in him being in custody at the time and you knowing that. I wouldn't rule out custody I'm afraid.

If it is a theft then you won't go to prison.

Expert:  Jo C. replied 1 year ago.

if they charge you with burglary you can always offer a plea to theft.

Expert:  Jo C. replied 1 year ago.

It is swings and roundabouts. They might not want to take the risk of a trial before a jury but I do think they might not like the aggravation in him being in custody at the time that you did this.

Customer: replied 1 year ago.
Do I need a solicitor....
Expert:  Jo C. replied 1 year ago.

Well, if you have already been interviewed without a solicitor then the damage is done really. The time to have had a solicitor would have been the first interview.

The bail back date is less important unless there is another interview.

You will need a solicitor for court.

Customer: replied 1 year ago.
I did nt realise I had done anything wrong....I only went to get my things...
Customer: replied 1 year ago.
What do I do about the items that he's refusing to give back...money...jewellery
Expert:  Jo C. replied 1 year ago.

You can always book an appointment with a police officer to attend with you to prevent a breach of the peace

But I wouldn't do that at the moment. Just leave that alone until the outcome of the matter against you is known.

The trouble with a situation like this is that he probably wouldn't have reported this if you hadn't made an allegation against him. It is probably a revenge issue. But I suppose whenever you make allegations against somebody else you create a motivation for them to take revenge. Nothing that can be done about that now.

You would have a claim for the items you have there even at the end of all of this.

Customer: replied 1 year ago.
Ok thank you and yes I know it's
Revenge
Expert:  Jo C. replied 1 year ago.

Yes, it will be. It is a bit childish of him but then people are quite often childish.

That is why it is always wise to be very careful about the motivations you create.

That is not to say that you have to stay in relationships that are abusive. It is just that, in my experience, summonsing up the police almost never leads to a positive outcome.

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