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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice
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Accused of criminal damage by my ex boyfriend

Customer Question

Accused of criminal damage by my ex boyfriend
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Good evening. I wondered if you could give me some advice. My boyfriend was living me however we fell out and he left. He was already paying rent on his old room in a shared house so he had somewhere to move into. Monday 4th July over text on the evening I said it was over due him putting his ex and her children first, this was over a text. After that he ignored me. On Tuesday 5th July, it was my dads birthday, I popped out of work to purchased a frozen cake and took it home to put in the freezer. I was with a work colleague who I did not know well who was driving and sat in his van, while in the kitchen I heard my front door go it was my ex and he had someone sat in his car with him (he to,d me he was working away from home) he had returned to my house to Collect his things with this man. I told him I was not happy about. Stranger being in my house and asked him to stay outside. At this point my neighbour came I a d watch whT was going on. My ex went upstairs and grabbed all his clothes and items such as computer, shoes, paperwork, quilts into his car. He was only up there for 40 mins if that, I stayed with him to ensure none of my items were taken. He then started blaming me for cutting up his clothes and damaging his computer. The on,y 2 people upstairs were him and I, my work colleague was down stairs and my ex's was in the street.
The weekend to follow he tried to make things up and stayed over on the Friday and Saturday night. Sunday night he lost his temper again and that was it. On Tuesday the police arrested and bailed me for criminal damage as he told them I cut up his clothes. I did not. He did the previous month put his fist through my plasterboard lounge wall and I had to get the police to remove his due to home being very angry and drunk, (another matter - I let it go), the police took a statement and said its his word against mine Rang me the following Monday and said not taking it any further. I then today get a voice mail to say new evidence has come to light and they want me to go to the police station on Wednesday and make another statement. It was July 5th, over a month ago. I hear that his housemate the one who came with him has made a statement recently to say he seen cut up clothes eco,I got up of my house. My work colleague has already said he seen nothing (because I did not cut anything up) and made a statement to that effect. What should I do on Wednesday at the police station? Should I Sk fro a solicitor. The first time I did not get one even though I was arrested
Expert:  Jo C. replied 1 year ago.

So, in short, he is going to make an allegation of criminal damage against you?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Are you saying that you were interviewed at the time of the original allegation?

Customer: replied 1 year ago.
I was taken to the police station and a statement recorded
Expert:  Jo C. replied 1 year ago.

You did have a solicitor then I presume?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
I Skd the police if I needed one and they said no
Expert:  Jo C. replied 1 year ago.

Well, then the damage is done really.

You can ask for a solicitor and if you are going to be interviewed again then you should.

The truth is though that the primary evidence gathering stage is the first interview and that can't be undone.

Whatever you have said in that interview is recorded and will be used against you.

Expert:  Jo C. replied 1 year ago.

If there is a second witness then the chances are fairly high they would charge you if you deny the offence.

If you admit it then a caution might be available.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I told them the truth in the first interview which has been recorded. I did NOT cut any of his clothes up.
Expert:  Jo C. replied 1 year ago.

Oh yes, I realise that.

The problem is that it would appear that the evidence against you is greater than was believed.

A no comment interview would have been the right thing to do until they had gathered their evidence.

Customer: replied 1 year ago.
what do you suggest I do on Wednesday. 4 statements have been so far taken. My work colleague who was in the house and seen nothing. My ex house mate who claims he seen clothes cut up and mine
Expert:  Jo C. replied 1 year ago.

Well, at this stage all you can really do is answer the allegation.

You should have a solicitor even at this stage.

I would imagine they will offer a caution but that cannot be administered unless you admit the offence so it probably will be charged.

Customer: replied 1 year ago.
thank you. I will ask for a solicitor on Wednesday. I also have photos that I took back in February that I too of how he treated his clothes and property (showing the girls that my ocd cleanliness had been breached), should I use these?
Expert:  Jo C. replied 1 year ago.

I'm not sure what they would prove?

It is of no consequence how he treated his clothes.

Customer: replied 1 year ago.
Ok, thank you.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

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