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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I had an argument with someone who assaulted my elderly

Resolved Question:

Hi
I had an argument with someone who assaulted my elderly father sometime ago, this person and his sons have also been harassing lots of others in the my parents neighbourhood.
This happened on April the 10th. I had forgotten all about it, but I have just found out he went straight to the police and accused me of threatening him and his son.
I did not threaten him. But apparently the police have been looking for me to charge me.
I moved house 18 months ago and have changed all me details to my new address , so I don't know why they are going to my old address.
The people that moved into my house have had cards from the police and a court summons for me. I was supposed to be in court three weeks ago, but missed it due to not knowing anything about it.
My questions are : can they take me to court without speaking to me to get my side of the incident, and can they take me to court without given me a caution?
Thanks very much
***** *****
Submitted: 6 months ago.
Category: Law
Expert:  Jamie-Law replied 6 months ago.

Hello Mark my name is ***** ***** I will help you with this.

Have you been interviewed at all please?

Customer: replied 6 months ago.
I have had no contact with the police about this. I had a call at the weekend from the people that bought my old house.
They told me the police had left a court letter and two calling cards.
Thanks
Expert:  Jamie-Law replied 6 months ago.

OK. Can you be charged without an interview or caution - yes.

You can have a postal court issue. So yes it is possible.

Although generally this is only for minor matters, such as driving etc.

But can they take you to Court without speaking to you etc - yes

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
What can i do Now? I have missed the court date by three weeks.
I dont think its fair that i can be charged without anyone speaking to me first.Thanks for your adviceMark
Expert:  Jamie-Law replied 6 months ago.

Ok, you need to contact the Court to make arrangements to re-attend.

I agree its not fair, but sadly the law says they dont have to charge you first.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
Sorry one last thing i heard that if no one spoke to me regarding this or issued me with any paperwork within six months then nothing could happen,. Is this true.
Expert:  Jamie-Law replied 6 months ago.

Only if the matter was not issued in Court. If they issued the summons before 6 months, the clock stops.

It does not have to be heard before 6 months.

Does that clarify?

Customer: replied 6 months ago.
therefore i have to attend
thanks for your help
Expert:  Jamie-Law replied 6 months ago.

Yes sadly.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2585
Experience: Solicitor
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