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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I was charged with Domestic Breach Of The Peace on Friday 9th

Resolved Question:

I was charged with Domestic Breach Of The Peace on Friday 9th Jan 2014. The female who complained to the police is a friend of 25 plus years. My wife was with me, she told the police what she saw, her statement was the same as mine!! The female claimed I shouted at her while tears were running down her face! My wife and I did not see any tears!! This female swore at me stating I had abused my wife in the past, she said I had told her this! There is no truth in this, my wife confirmed this. A complete pack of lies along with the tears!! The police told me after they had charged me, she had a witness, the witness was in a house watching from a window!!! My wife was right next to me!!! I was in a police cell Friday and Saturday night, released by a duty seargent on Sunday at 13.10, some 40 hours later after putting me in the cell!! I now have to go to court on the 3rd Feb 2014. I am worried sick, I have never been in trouble with the police in my life!!!! The female has a niece in the local police where I was held. I think she is involved with this. My life is ruined by this, can a solicitor go to the Procurator Fiscal now, not wait till the 3rd of Feb. I am hoping the solicitor could stop this case now, before I and family suffer anymore!!! Please, please help me.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What precisely are you supposed to have done? Shouting wouldnt normally result in you being held in custody.
Customer: replied 2 years ago.
The Police said I had placed the female in a state of fear and alarm. She was not in any state!! They said I held the door of her car, stoping her from driving away. This is not true, she was shouting and swearing at me, she had the car key in, ready to drive away. She started to use her mob/phone, stating to my wife and I she was going to phone the police. They said it was Domestic Breach of The Peace. These new laws in Scotland are causing lots of problems, do you know about them?
Expert:  JGM replied 2 years ago.
I know all about the new breach of the peace laws. It's not so much the law as it really just restates the common law crime of breach of the peace but it's the way the police try to enforce it. It appears here that there's two witnesses on each side, you and your wife on one and the complainer and the witness at the window on the other.
It's difficult from what you say to advise you what way this could go as I don't have all the background information. However your question was whether you could get your solicitor to go to the procurator fiscal on your behalf. The answer to that is yes, and at least your solicitor might get some information which might help in taking your instructions and discussing the way forward. I assume the case will have reached the fiscal by now so you should see a solicitor over the next day or so.
If the case does call on 3 Fenruary, you will be pleading not guilty and a trial will be fixed. Your solicitor will then be able to get a copy of the whole Crown case and will be fully able to advise you on your options at that stage.
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