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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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i have been in jail for 4 months and just been released from

Customer Question

i have been in jail for 4 months and just been released from jail before i went to jail was arressted for an abh in may which i had nothing to do with i had 4 witnesses to prove where i was at the time and cctv evidence to prove it as well when i got arrested i put a green t shirt on but had had a black one on all day till i got home u person i was accused of attacking said i had a green t shirt on for some reason they sent clothes off for evidence that i did not even have on the police did not interview any of my witnesses and did not retrieve no cctv evidence i have not heard nothing from the police since my last bail date on the 6th of may i was just wondering what u make think will or would be happening thanks
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Were you in prison for the ABH or a separate incident please?
Customer: replied 4 years ago.

no counterfeit notes

Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 4 years ago.
If you were arrested then you would have been given a bail back date?
Customer: replied 4 years ago.

i was bailed till july the 4th while i was in jail and heard nothing since

Expert:  Jo C. replied 4 years ago.
They have probably rebailed you administratively because you were in custody.

Obviously that doesn't mean that you are any more likely to be charged than before but the practical reality is that it won't have gone away just because the bail date has changed.

You can progress things by calling the OIc and finding out the position. If its been NFAed then you are better off knowing about it but of its still a live case they will find you anyway long term so you may as well face it and at least deal with it at your convenience rather than theirs.

The other advantage may be this. This is probably a common assault not an ABH. If so, they only have six months to get into court so they may be time barred

Can I clarify anything for you?

Customer: replied 4 years ago.

thankyou how can i be possbley be charged when they have not interviewed any of my witnesses to prove where i was at the time and have not gone and checked all the cctv i said i was in at the time and sent of clothes i didnt even have on that day for forensics

Expert:  Jo C. replied 4 years ago.
They regularly don't interview defence witnesses. They should but they don't.

They won't have charged you in absence though.

Absence of forensics does not prove innocence. Presence of forensics proves some form of contact but no more.
Customer: replied 4 years ago.

"For Jo C." u should have witnesses to prove where u were at certain times and from the guy i was supposed to off attacked he said a total different colour t shirt i had on and it even had the brand new tags in the back the cctv i wanted them to check was to prove the t shirt i had on and the time i was there to prove i was not where he said i was at the time of the assault what do u personally think i will get charged for it thanks

Expert:  Jo C. replied 4 years ago.
I can't really say on this evidence. I've had no Vision of the case.