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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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Are work orders sent to people even when the evidence is not

Resolved Question:

Are work orders sent to people even when the evidence is not sufficient?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

Can you explain your situation a little more?

Customer: replied 5 months ago.
The situation is myself and a friend were in a bathroom, as the door lock was broken he was holding it as I wasn't feeling great in a nightclub we were in. The security came in while I was pulling up my trousers and asked us what we were doing. He then found a bag of something on the floor (unsure what) and tried to say that it was ours. We never heard anything back from the police after they spoke to us until I've now recieved a letter saying I can attend 30 hours of unpaid work or take it to court and risk being prosecuted. I can't risk loosing my job over this although they say they have enough evidence apparently (but I think they must just say that as we done nothing). I've read up and apparently you can be charged for something being in the same space you are in even if it's not yours which has given me the concern. Thanks for any info as I feel like taking the service is saying I'm guilty which I'm not..
Expert:  JGM replied 5 months ago.

You cannot be convicted of having drugs you if you didn't. The Crown has to prove that you were actually in possession and a bag of something on the floor of toilets in constant use by people in a busy nightclub would appear to be fairly flimsy evidence. You do of course take a risk by refusing the fixed penalty and being prosecuted but from what you say there would appear to be insufficient evidence against you. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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