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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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My husband was charged with an offence in Sept 2014 but heard

Customer Question

My husband was charged with an offence in Sept 2014 but heard nothing more until today when he read in the local newspaper that his case appeared in court yesterday. Nothing had been served on him. He only knows through the newspaper that the case will be called again in July 30th. What should he do? Is it within the law to have his case heard in court without his knowledge?
Submitted: 2 years ago.
Category: Scots Law
Expert:  Ali172 replied 2 years ago.
What is the offence?
Customer: replied 2 years ago.

He has been accused of "waging a lengthy fear campaign against a neighbour". "engaged in a course of conduct which caused a woman fear and alarm etc". This neighbour has a mental health problem and all her accusations are false but unfortunately for my husband, this neighbour's husband is part of the local criminal justice team. He works side by side in the PF office. We know that is is our punishment for objecting to their planned extention to their home. But this is a story for a solicitor once we find one. We have difficulties with this couple in the past and we had to hire a barrister as no local solicitor (even in Dundee) would take the case as this man has the job of writing background reports on their clients and they didn't want to take our case as it might of prejudiced their clients hopes of a good background report. It is all quite frightening to be honest that it seems that the local PF's office are working on behalf of this man.

Expert:  Ali172 replied 2 years ago.
You need a Scottish Lawyer for this. I will ask that your question is redirected to the correct category.
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland and will help you with this.
A case can't be heard outwith the know,edge of the accused. The procurator fiscal should have served a Compalint on your husband containing the specific charge against him and advising of the court date. Your husband will have to find a solicitor that will represents him and in the first instance contact the Procurator fiscal to get a copy of the Compalint that should have been served and also an explanation as to why your husband didn't receive it.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help and advice. My husband has still not been served with a complaint and if we had not read about his case in the newspaper, we would still be in the dark. My husband prefers to ignore it until he receives the complaint. Surely they will serve it before 30 July!!

Expert:  JGM replied 2 years ago.
He would be better to get his solicitor to deal with it now in case there's been a mistake in procedure and they take an arrest and detention warrant.
Customer: replied 2 years ago.

Thanks for your advice. No doubt they would be delighted to arrest him so we will take your advice and find a solicitor tomorrow. Thanks again for your time.

Expert:  JGM replied 2 years ago.
No problem