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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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My brother was arrested for criminal damage and harassment.

Customer Question

Hi. My brother was arrested for criminal damage and harassment. Long story short, his girlfriend was cheating on him, she arranged to stay the night and then take my brother out for dinner the next day but cancelled. He decided to go to her address the following morning to see her leaving with this guy she'd been seeing alongside my brother, so him obviously being angry threw her belongings he had with him in the road, cracked the wing mirror on her car and pulled the rear windscreen wiper off. She proceeded to call the police in which he offered to stay until they arrived but she told him to go. The following day he was arrested for the above charge. Now he was completely up front and honest about the damage, but was confused as to how he could be done for harassment when they'd only broken up the day previous. The officer said she had claimed that he called her 8 times following the incident from his work phone. He denied this and emphasised the fact that she had arranged to meet him that day, stay the day before and had been to his address earlier in the week, so how could he harass her when as far as he was concerned they were still together? Unfortunately he deleted all trace of their conversations and calls as soon as he got home. The police have kept both of his phones, so will they be able to retrieve the texts of them both mutually agreeing to go out, and her still saying she loves him? I believe him when he says he didn't call her, as he knew she had called the police and would not want to further the issue. Will she get in trouble for lying about being harassed?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

How can he prove she lied?

Customer: replied 8 months ago.
Well it would have been the texts and whatsapp messages, but as he deleted them, will the police be able to retrieve them?
Expert:  Jo C. replied 8 months ago.

But how does that prove there was no harassment?

How is he going to prove she is lying?

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