How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I was arrested on Xmas eve after an altercation with my now

This answer was rated:

I was arrested on Xmas eve after an altercation with my now ex boyfriend , I was in an on going upsetting text conversation with him in regards ***** ***** issues , which have been boiled down to from him to me to be that his family have no time for me . So I said I was going to knock and ask face to face to resolve the issues to make a new beginning a possibility finally . So I knocked but got no answer , then my phone went off and he was sitting in car opp to door of his mums and the message said they don't know I've been f**king you for a year a an half . I don't know what happened but I felt so upset and angry five years of a relationship just over , I moved towards the car to damage tyres and he got out and hit me to the floor , my bag and contents out I picked all up and moved up to the side of car and scraped the car with what I know now was a kitchen knife , I thought it was my keys and as soon as I did I threw the knife away from me in disgust , he brought me to the ground again and I got up and kicked out and damaged the door of the car . This point a witness arrived on scene that I remember and said stop and I carried on shouting but moved away from scene. Then got in my van and stopped and felt shock overcome me , he moved his car and tired to follow but didn't succeed , I then parked up and felt so emotional , I called him twice to talk over what had happened and I wondered if I should go to police , I went into auto and went home and started wrapping presents . Then I got arrested . I did interview with out legal advice I had my daughter at home I. Her own I hustled wanted to get out . They cautioned me with the criminal damage but said they couldn't do the same for the pots and blades offence . I have admitted its use in the interview and why it was in my bag . I have a broken window and have to reapply and remove gaffs tape I had just removed it that morning to reapply as window was again falling down . I am just so mad with myself for not knowing how serious this possession could be and am at my wits end with worry , can you help ?
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.
Well I'm due to appear at magistrates court on jan 16 , I'm not sure what to Expect will be my outcome , I've read that it's a mandatory 6 nth custodial sentance , I'm freaking out I'm a mother with one dependant who works and is nanny as a job . I can only see that I will lose everything , and I've admitted guilt to the knife as it was recovered from scene as I didn't realise how grave a situation this domestic has become . Will I go to prison for this ? It's my first ever offence in my life
Yes, if you want my opinion on the point then domestics should be in the family court. If the public had any idea how trivial they generally are there would be an outcry.
In any event though, the issue here is not the domestic nonsense but the knife.
I presume you are charged with points and blades under S139 CJA 1988 not offence weapon under S1 Prevention of Crime Act 1953? If this is a kitchen knife then it would normally fall into the latter category although I have seen the blade.
The difficulty you have here is that you did use the knife. I realise it wasn't on him but it was on property and there is no way around it. Also, he is probably making allegations that you did use it to threaten him or frighten others. Complainants do commonly exaggerate.
The guidelines do really cover using the weapon to threaten or cause fear. On your account you did not do that. That would lead to a starting point of a high level community order.
If he is saying that you did use the weapon to threaten or cause fear then it is a sending to the Crown Court for sentence I am afraid.
The practical reality is that you would probably avoid custody. It might be a high level community order or it might be a suspended sentence but custody on a first offence on a plea is not likely.
Can I clarify anything for you?
Customer: replied 3 years ago.
It's possess knife blade /sharp pointed article in a public place , criminal justice act 1988
On 24/12/14 at Bravia rd you had with you without good reason or lawful authority in a public place and article namely a kitchen knife contrary to section 139(1) and (6) of the act h.o 8/26 local none CJS CJ88144
Says adult GAP +NI summons
What does this really mean ?
Also do I not go to work in the mean time , do I resign ?
It just means that it is points and blades and that you are to be sent to the adult court rather than the youth court.
You can return to work. There is no need to resign. Your contract of employment may demand that you disclose this. It depends what you do.
Customer: replied 3 years ago.
Right so , yes I don't think he has said I attacked him with it , I'm pretty sure his statement said the car , can I apply to see the statements as trying to remember all when in shock and an interview is hard . His mum who wasn't on the scene says I was attacking him with it and that it was 9-10inches long and a that was not case of it , she wasn't there . There's a witness a neighbour i think I just can't remember what was said its been a tough few days . How do I gain access to these statements
They will hand you the statements when you attend court in disclosure.
Witnesses always exaggerate. Sometimes innocently and sometimes for more sinister reasons.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Right so my first appearance is the Friday and if plead guilty as I have in interview , will I expect to be sentenced then or will it be a case of bail and discharge or remanded and sentenced ? I'm working out what to do , yes there's sinister reasons for her statement as she's allowed child sbuse to happen in her household on her son years ago , that's been a huge issue for us as a couple main strain I could say . I was shouting offensive language about it at the time , so she's gunning for me to be taken down I'm sure , she doesn't mention neither does the independent witness my full words at scene . I understand why it's shameful facts that now a crowd have heard . But I haven't threatened him with knife at any point , I used it to scrap car , the criminal damage which I've has a simple caution attached to . So I am to expect a high level order , what are the implications then for me ? I can't continue to work surely ?
They will probably adjourn the matter for a pre sentence report but they won't remand you.
You can return to work. There is no need to resign. Your contract of employment may demand that you disclose this. It depends what you do.
Customer: replied 3 years ago.
Ok how long would then that take to wait to be sentenced ?
Usually about three weeks if they want an all options report.
Customer: replied 3 years ago.
Ok so do I need to hire a solicitor for my first appearance or use the duty one available for free ?
You did have one in police interview I presume?
I am happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 3 years ago.

No I for went without one was only option I was given to get out for my daughter was at home alone for Xmas day . Ok so I should look to get one , how much will I need and are you able to represent me how would we sort that out

You can approach another firm but the duty solicitor will be fine. You should get legal aid given that you are at risk of custody.