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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 75270
Experience:  Over 5 years in practice
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My husband has been charged with a crime assult by beating

Customer Question

My husband has been charged with a crime assult by beating level one. Be abs He has his court hearing on July 8th and is now on bail
JA: Does your husband have any upcoming court dates on the assault charges?
Customer: I am planning to retract the original statement, what are thechances after withdraws, that the case would be dropped? When I gave my first witness statement I stated that my husband kicked me in he stomach and tried braking my finger while I was holding my son. However the kick was accidental and when my son was in my arms my husband was too concrned I would drop him because I was not quite well and he jumped in to save Andrew from falling. The incident happened on April 23rd night when my husband got arrested, currently on bail and is awaiting his 2nd court hearing in 3 weeks time. I want the case to be dropped and I will meet with my police next week to ask for that. When I was giving a statement my emotions were running high, I was exhausted and didn't eat much throughout the day. Me and my husband were arguing, I was worried about Andrew's well being, that time I was going through Baby blues as I just gave birth 4 weeks ago. If I go to the police and report that I want to retract the statement would I face the consequences like arrest or fine? If I am summoned to the court should I attend and give evidence or I can turn up and refuse to give an evidence? What if the judge or prosecutor decide's that there is insufficient evidence to prove the case any likely hood it would be dropped? And if there is some evidence what charges my husband is likely get? He arranged for a Solicitor to assist him and attend the court to speak on his behalf and attempt to negotiate on the best possible outcome so my husband wouldn't face prison.
Submitted: 5 months ago.
Category: Family Law
Expert:  Jo C. replied 5 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

has there been any previous dealing with police concerning your husband?

Customer: replied 5 months ago.
but initially he was given a 2 week restraining order with no charge. He wasnt called in to the court at the time. Currently my husband doesn't have a criminal record
Expert:  Jo C. replied 5 months ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

They will almost certainly summons you if you are not already. Their current policy is to summons reluctant witnesses.

If you attend court and resile from your statement they will just put your original statement to you hearsay and he will probably be convicted on that basis.

I'm afraid there are no magic wands anymore. The Crown generally has had enough of people wasting their time on domestics.

The only real option is to stay away although they may try to introduce your statement hearsay but it is weaker then. But equally they may get a summons and arrest you on a witness warrant.

The real solution is not to call the police to family arguments but I realise that doesn't help now.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo