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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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I am a mother of 6 children I have been falsely accused of

Customer Question

I am a mother of 6 children I have been falsely accused of assaulting 2 of them , I was arrested and charged a couple of days ago , these assaults were supposed to have happened 4-7 years ago , I was released with no bail conditions , I'm really worried of the outcome ,
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I was in a very abusive relationship for 18 years , both I and the children suffered at the hands of him , the 6 of them were taken into care a year ago , my eldest daughter 17 stays with me through her own choice , I have lawyers fighting for my kids back , 2 of my children then made recent allegations of assault when they found out that I am fighting for them , obvuiosly they are assoicating me with thier horrible past , the allegations are duplicates of what thier dad did , hope this helps clarify things a bit better
Expert:  Jamie-Law replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?Alex
Customer: replied 1 year ago.
im worried I will get a prison sentence for these allegations ,
Expert:  Jamie-Law replied 1 year ago.
What injuries are they saying they had?
Customer: replied 1 year ago.
Bruising , marks but kids said they faded
Expert:  Jamie-Law replied 1 year ago.
When was this said to have happened?
Customer: replied 1 year ago.
4-7 years ago
Expert:  Jamie-Law replied 1 year ago.
Ok - how old are the children now?
Customer: replied 1 year ago.
14 and 12
Expert:  Jamie-Law replied 1 year ago.
Ok - then you wont be charged with anything. If it happened 4-7 years ago the Police have 6 months from date of assault to charge you with common assault.So the complaint would be out of time.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I don't understand I was arrested and charged on Wednesday , why is this if I won't be charged ? I live in Scotland is this different ? They said it's going to crown office?
Expert:  Jamie-Law replied 1 year ago.
Ah I didnt realise, I thought you were in England or Wales. I will opt out and let one of my Scottish colleagues answer it.
Customer: replied 1 year ago.
Ok thanks will someone get back to me?
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I wish to wait for someone
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  JGM replied 1 year ago.
I am a solicitor in Scotland. What appears to have happened is that the police have cautioned and charged you and it will be for the procurator fiscal to decide whether to proceed with a criminal a case against you. If there is no corroborated evidence then the case will not proceed. An alternative is that they put the case into the social work system and that you meet with a social worker on a number of occasions to discuss issues and avoid prosecution. However these allegations relate to things that are supposed to have happened years ago at a time when you are trying to get your children back. I think the procurator fiscal, when the background, becomes apparent will not proceed with this at all. Happy to discuss further. In the meantime please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
Thank you for this , when you say corroborated evidence ? 2 of my 6 children have accused me of assault 4 -7 years ago, one would have been 8 and the other one 10 at the time , 5 of my children have been in care for a year now , I signed a section 25 to agree to this ( my children stayed with my husband for 3 years , I left the family home due to very bad abuse ) my eldest daughter contacted me that they were being treated very badly , I then contacted police and my husband was arrested , but later he committed suicuide, they have been I care for a year now and doing very well , but recently I have got solicitors involved to try and have them back in my care , this is when the allegations made ,
Customer: replied 1 year ago.
Can I add that my eldest daughter 17 stays with me fulltime ,
Expert:  JGM replied 1 year ago.
It is very unlikely that the PF will contemplate charges for allegations of assault years ago in the context of you trying to get the children back. There would have to be more evidence than just that of the children.
Customer: replied 1 year ago.
Thank you very much for this , it's helped clarify a few things , can I just ask in your opinion would this allegations jeprodise my chances of fighting for custody of them ? Plus if Im terrified of jail time , what would be the most likely outcome of I were prosecuted, sorry this situation is very scary for me, I've never been in trouble !!
Expert:  JGM replied 1 year ago.
Firstly you won't go to jail. Secondly the allegations won't necessarily be found credible, but the children's wishes would be taken into consideration as they are both over the age of 12. All other factors would also be considered. A decision would be taken in the children's best interests.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much . This has been very helpful,
Customer: replied 1 year ago.
Hi , I went to my work today and they took me into the office and said they were contacted by a third party that I was arrested and charged , I'm worried how they know this information, do the police notify your work of this , I'm not sure
Expert:  JGM replied 1 year ago.
The police shouldn't but I have heard of cases where they do. This should be nothing to do with your work.
Customer: replied 1 year ago.
I work as a firefighter and home Carer , I told a colleague in confidence what happened , my work is now asking for the police officer that interviewed me and everything , is this normal practice now that my work knows?
Customer: replied 1 year ago.
Will it interfere with the investigation ?
Expert:  JGM replied 1 year ago.
It will not interfere with the investigation. And they should not be asking these questions unless they have a right to do so under your contracts of employment. As regards ***** ***** service your best person to talk to is your Union rep.
Customer: replied 1 year ago.
I looked at my contract and it just says that if there is any proven allegations then the employee with have to tender thier position , which is fair enough but nothing about that they have a right to ask for police phone numbers etc
Expert:  JGM replied 1 year ago.
Then follow the letter of the contract. There are no proven allegations therefore your employer has no right to speak to you about this.
Customer: replied 1 year ago.
Hi sorry for coming back on this , but I'm so worried about it , I had a letter from the children's panel , when I read it it stated that I was charged with two counts of historical abuse . On reading it I can't help to think I will get prison time . I suffer badly with depression and I know you've answered previous questions with clarity . I think I just need further reassurance that I won't go to jail .
Expert:  JGM replied 1 year ago.
I don't think you will go to jail. What does the letter say?
Customer: replied 1 year ago.
The letter just states that ive been arrested and charged , just worried that it will have an impact on me getting contact or possibly having them back full time in the future , this is my first ever offence ,
Customer: replied 1 year ago.
It's really just the minutes from the last panel meeting , but I drought with worry over what will happen with these allegations
Expert:  JGM replied 12 months ago.
It is not an offence as you haven't been convicted.
Customer: replied 12 months ago.
Oh ok , another thing I wasn't given any bail or anything, I had a holiday booked in a months time , what will happen if I happen to get a letter that it's gone to court and I miss it? So many aspects in not sure of , thank you
Customer: replied 12 months ago.
I mean that I was free to go after the charge , no bail conditions I meant
Expert:  JGM replied 12 months ago.
If they issue a summons there will be a court date but it would in all likelihood be some time in the future. If you are on holiday ensure someone checks your mail and passes anything relevant on to your solicitor.

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