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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71257
Experience:  Over 5 years in practice
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My son was had finished work at around 01:30 am and was walking

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My son was had finished work at around 01:30 am and was walking to the takeaway when he was approached by 3 young lads about 17 years old asking for money, one had a knife. No physical assault happened and my son managed to run into the takeaway an lock the door. The guy behind the counter said he should call the police which he did. Think the two guys were let off but the one who had the knife ended up going to crown court and my son was told by police he had to attend. My son who, although is older than the lad really really does not want to go, he is a real worrier. The court date is in a couple of days time, is there anything he can do, drop the charges or whatever so he doesn't have to go.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has he made allegations to the police before?
Customer: replied 2 years ago.
No. Neither has he been in trouble, but he really is scared of going to crown court
Has he grown up on a house where the police are always being called?
Sorry to ask but it will have an impact. If people are or are associated to a serial accuser then I'm afraid that will operate on the minds of the officers.
Customer: replied 2 years ago.
No, the police have never been called, and he has never been in trouble whatsoever, he is a very quiet person, he works and has never had a day off sick either. If he goes to court as a witness, which he has to do, I can't see him answering questions, he is rather scared of the idea of going to court.
There are things that they can offer to make giving evidence easier like screens or possibly a video link. I would imagine they have already made those offers anyway.
If he really cannot face giving evidence then he can always tell the police he doesn't want to support the prosecution.
That isn't necessarily the end of the matter though. It used to be that they would just throw their hand in at that stage but for various historical reasons they now summons sometimes.
On the downside these are serious allegations and he will have cost the taxpayer which is a factor that will weigh in favour of summonsing him.
However, he hasn't done this before and he doesn't seem to have grown up in a house where every time there is a row the police are summonsed which is helpful.
Ultimately though, even if the do summons, if he doesn't answer it then it is very unlikely they would seek an arrest warrant.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thank you, ***** ***** more thing, he tried to drop the charge, but police said he couldn't and that he does have to appeAr in court, and that if he didn't, he would get an arrest warrant issued. So if he didn't attend would would he have a bad mark against his character or perhaps get a fine. He wouldn't want this to happen either. He has a law degree and although he is about to start a new job, we are hoping that he will do a LPC course mybe next year.
They do seem intent upon summonsing then. They never used to do that until they had to find a solution to these women who waste their time by making allegations of domestic abuse and then withdrawing. Unfortunately, thanks to these women, everybody is suffering.
The fact he has made an allegation will be recorded. I do think, to be wholly honest, that being the victim of some crimes sounds almost as bad as having previous convictions but not here. This is just a genuinely random thing that could happen to anybody.
If he fails to answer a summons and they seek an arrest warrant then that isn't a criminal record though. They won't do that anyway. It is incredibly labour intensive to enforce a warrant.
The only time it would lead to a criminal record is if they prosecute him for contempt which is incredibly unlikely. Although, in fairness, usually people who fail to answer summonses are young ladies using the police as a mediation service and they can always pretend to be vulnerable as he cannot so easily so he does need to consider this risk.
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