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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I have been charged with the below and I pleaded guilty, my

Customer Question

Hi
I have been charged with the below and I pleaded guilty, my sentence is next month.
licensing (scotland) act 2005 section 116(1) - refusing to leave a night club
police and fire reform scotland act 2012 section 90 1 a - kicking a police officer
I haven't got a criminal record to date, and this happens in one night where I drunk too much.
The officer was not injured by my kick.
I apologied in my plead, and I also stated that while it is no excuse, I have had a stressful period of my life with everything happening at once and getting on top of me a bit. The night out I blow off some steam and it was unacceptable.
My fiancé is pregnant, I have a company that is being hit by the oil and gas industry, I have sold my car, sold my flat, got engaged, on top of this my pregnant fiancé has taken 8 weeks off work I'll due to severe pregnancy related sickness. No excuse for my behaviour but it was a blow out on my personnel circumstances.
Can you advise me legally what I should be doing, and additionally what you believe would be the worst case scenario sentence?
Thanks
Submitted: 2 months ago.
Category: Scots Law
Expert:  JGM replied 2 months ago.

I am a solicitor in Scotland. Ideally you want a solicitor to appear for you. In the meantime can you tell me why the sentnce was deferred? Did the sheriff order background reports and if so what ones?

Customer: replied 2 months ago.
It wasn't deferred I don't think.
So step one I woke up in the police station. I went home in the morning.
I then around 3 weeks later received a letter stating my charges, I wrote back with an apology and a guilty plea, with personal details.
I then received a fourth letter saying to appear at court on the 5th of October, in person.
Customer: replied 2 months ago.
I did not believe it to be a big deal, because i was drunk and out of order, but I then pleaded guilty and thought I would have received a fine. But they have requested I be present on the 5th.
Customer: replied 2 months ago.
A further letter*
Customer: replied 2 months ago.
Nobody was hurt other than me, I had a bad cut in my head and my head was stood on, additionally my knee was stood on.
This was by the bouncer.
I took my frustration out on the officer which was a mistake.
Expert:  JGM replied 2 months ago.

I think they want to see you because it's a police assault. I don't think you'll go to jail as a first offender but the court will consider a payback order or other community disposal. I think you should get a solicitor to appear with you.

Customer: replied 2 months ago.
Additional factors: my pregnent fiancé has had 8 weeks off work with hyperemisis gravidaryn, and hormonal disruption of eustachion.
I got Engaged have wedding plans, house for sold, car sold, redundancy, moving home, started consultancy business, ianm additional cleaning business to make a further income.
Wounds to my head from door staff, knee damage couldn't walk for 3 day and sore knee for 4 weeks due to ligaments been stretched, head pain from being stood on in the head against the concrete.
Customer: replied 2 months ago.
the night was so stress related
Expert:  JGM replied 2 months ago.

These things are all mitigation which a skilled solicitor can put before the court on your behalf.

Customer: replied 2 months ago.
essentially u think. A community order and a fine
Customer: replied 2 months ago.
In the notes it says a guilty plea is meant to help. Here's me apologied and written an apology.
Nobody injured but me.
Don't understand why it's not a simple case of a fine?
Expert:  JGM replied 2 months ago.

i think because you assaulted a policeman. The court wants to see you. It may end up a fine. You will get credit for an early guilty plea but the court always takes police assault seriously.

Customer: replied 2 months ago.
you would day it won't be a jail sentence given the information I have given u
Customer: replied 2 months ago.
Say*
Expert:  JGM replied 2 months ago.

Not if your case is presented properly, no.

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