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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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Good afternoon !..I hope you can help me my trial is on tuesday the 4 at the magistrates c

Customer Question

Good afternoon !..I hope you can help me my trial is on tuesday the 4 at the magistrates court ..I has been charge with common assault to my husband ...first appearence in court was on the 17 of april ..and i plead no guilty... I only seen twice my lawyer...and up to thrusday he didnt have any of my husband statament or even his retraccion...When I was arrested on the 4 of april the DC told me if I am honest and tell the truth I will be only be a caution!!...and i did ask her what will be the repercusion in my crb and she say not to worry will be only like slap in my wrist ... and then she proceed to ask me if I did want a lawyer!! off course i never been in this situacion i did say the i didnt want a lawyer!!..
can my case been adjurned until my lawyer can have the full transcripcion of my interview?...because I did say the i didnt remeber anything of the night in cuestion very drunk was my birthday!!...and the Dc carry on telling me did you hit and cut your husband on the front
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
They don't type up records of interviews anymore. They haven't for many years. The tape of your interview will have been made available to them at the police station.
For that reason they probably will not adjourn on that basis.
Can I clarify anything for you?
Customer: replied 2 years ago.

i didn't have a lawyer at my interview!!...and the DC say the she was recording my interview!!!

My lawyer doesn't have any paper only like about half of a page with a summary of my

Can my case been adjourned until my lawyer have all the transcript and my husband statement and off course his retraccion...

Expert:  Jo C. replied 2 years ago.
Yes, she would have been. There is a requirement to do so under PACE.
Truth is, you should have had a solicitor and you should have made a no comment interview. It is always very difficult to defend when admissions have been made that the event cannot be remembered.
Nevertheless, there can be no adjournment on this basis for the reasons above.
Whether he has signed a retraction is a non issue.
Customer: replied 2 years ago.

the problem is the she carry on telling me on the interview the i punch my husband twice and i say to her i dont remember...many times .. until i say to her well if you are telling me that so I did it " .... so cps is using " I DID IT " so what should i do now? can i probe the i was put in that position ...

Expert:  Jo C. replied 2 years ago.
Well, that is why it should have been a no comment interview. There is no point in crying over spilt milk now. That interview is done and in their possession and it cannot be undone. There is no point in dwelling now on how it should have been done.
You probably made statements in interview contrary to interest. Usually people do in some way.
There isn't any way of preventing them from using what you have said in interview now. If all you have said is that you don't remember and so can't deny the allegation then that is damaging but probably not fatal. If you have accepted you did it as alleged then probably that is fatal.
Customer: replied 2 years ago.

what will happen with my criminal record?... This conviction will stay forever?...We have a trip book to america in november can I travel?

Expert:  Jo C. replied 2 years ago.
Always supposing you are convicted the conviction will remain on your PNC for life.
It will mean that you cannot self certify for countries like the States so you will need to make an oral application for a visa. It is a recent conviction but it is the worst offence. In saner times domestic twaddle would be in the family court where it belongs. Probably they would agree to a visa.