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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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My son is a University in Middlesbrough and he emailed

Customer Question

My son is a University in Middlesbrough and he emailed me the following on Saturday afternoon. We would like advice please as to where to go from here. A result would be that his name was cleared of all charges. We do not know of any solicitors in the Middlesbrough area but we are willing to engage a solicitor to support us with this case. My son lives new Albert Park so someone near to this part of town would be helpful.
Please see below my son's email. He can always come to see someone
Just to let you know last night I was arrested but it should be fine. On the way home from having a few drinks (I was tipsy, not fully drunk) I was walking down a street and when I came round a corner a girl who'd just gone past on her push bike was lying on the ground calling (I didn't see it but I assume she crashed). So me and this random guy who was on the street went to see if she was alright, a couple who lived on the street hear the noise and also came out. The girl was acting strange; babbling about stuff and not really making sense. I wasn't sure if she was on something or mentally ill. so I said she should probably go to the hospital to get checked out. As she's still rambling a police van comes past so me and one of the people who was in the house flag it down. We talk to the officers inside say what happened, they ask if she's drunk, I say I'm not sure etc I don't know if she's on something or mentally ill. The officer who I was talking to says alright, well just go home then.
As I'm walking down the street probably a minute later the girl goes past on her bike very fast, I ask her if she's ok she says 'follow me' and turns into a side street which I was going to walk past anyway to get home. as I get to the end of the side street I see she's banging on a door. so I start to walk down the street to see if she's alright and let the people who are inside know what' happened. A group of lads about my age come out. One of them walks up and says something like are you the guy who's but I didn't hear what he said as he then started punching me. I believe his friends and the girl joined in, I don't think I threw a punch as my knuckles aren't bruised. As I'm trying to restrain them/ get them off me the police turn up in vans and arrest me the guy and the girl believe causing affray.
I spend the rest of the night in the cells, then about an hour ago they bring me out of the cell, there's a solicitor there who handled my case. I get told that they'll give me a lesser charge of drunk and disorderly which means i'll have to pay a £90 fine within 21 days. I asked if it would give me a criminal record, they said I didn't have to declare it and it wouldn't show up on a crb check. I also asked about appealing and they said if I did that they'd have to charge me with the affray and I'd have to go to court with the other people involved. So I decided to go drunk and disorderly instead.
Overall I'm fine though, just got a black eye, a fat lip and a few scrapes.
I think they also said that the guy who initially hit me was getting a similar thing drunk and disorderly charge however the girl was being charged with assault.
Some advice please Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you 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.

What can my son do to prove that he was an innocent bystander who thought he was helping a female in distress.

Expert:  Jo C. replied 3 years ago.
Well, there isn't a way of proving innocence. It is always impossible to prove a negative. That isn't generally the way that criminal defence work is done anyway. You don't prove innocence. What you do is shake away at the Crown's case until you create a doubt.
It is not actually particularly clear what he is said to have done anyway. Clearly he was arrested affray but that could mean anything. The issues with the girl are completely irrelevant. The point is what he is said to have done amounting to an affray.
He seems to be saying that somebody struck him and then made a complaint against him to head off a complaint. It wouldn't be the first time that has happened. If that is what has happened then that is the basis he will have to defend upon. It won't be charged as an affray anyway. They are not common now.
If he was given a fixed penalty and disorderly then he should probably pay that. To be wholly honest, there is probably more to this than he is telling you. I have been involved in criminal law a long time and people do not usually just come up and start hitting a person reason at all.
reference, he will find that all of these problems will disappear if he does not get involved with people who are lying in the road. I have lost count of the number of young men who are perfectly law abiding who have ended up in the dock because they were trying to assist a female in distress. He just needs to leave females in distress to sort out their own problems. They are perfectly capable of being fiesty when it suits them. Notice that she is not now the subject of any charges even though the two gentlemen involved are. Much better to have left her to it.
Can I clarify anything ?