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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77176
Experience:  Over 5 years in practice
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I've been arrested for threat to kill and historical

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I've been arrested for threat to kill and historical criminal damage
JA: Do you have any upcoming court dates on the criminal damage charges?
Customer: I was on bail until Monday however I got an email today stating I have to wait until 3rd June
JA: Where did the criminal damage occur?
Customer: At a ex partners house. My most worrying concern is I never had a solicitor present when interviewed and they've taken my phone which I only have realised I can not consent to that.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is a back story to this thats all

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How can I help?

Do you have a solicitor?

Customer: replied 14 days ago.
No

Ok, so what would you like to know ?

Customer: replied 14 days ago.
When I got arrested I was asked but I said no very foolishly
Customer: replied 14 days ago.
I was arrested on Monday 6th may
Customer: replied 14 days ago.
Am I entitled to a solicitor when i go back to the police station? Currently on bail

They don't usually attend on a bail back but you are entitled to a solicitor if you are charged.

It won't be a further interview anyway. If it is then it would probably be a good idea to have a solicitor then.

Can I clarify anything for you?

Jo

Customer: replied 14 days ago.
Would I be facing any jail time?
Customer: replied 14 days ago.
I mean I made a mistake of not taking a solicitor in the first place. Can I explain the backstory that lead to my arrest?

For threats to kill you would.

But it is probably not a threats to kill. That is quite a hard offence to prove.

Customer: replied 14 days ago.
I never threatened to kill this is the problem. My ex partner accused me of this after i found out the child I have been raising for 2 and a half years may not be mine.
Customer: replied 14 days ago.
What is my best course of action here because me not having a solicitor when being interviewed may harm me. I have no criminal convictions and I've worked all my life.
Customer: replied 14 days ago.
I was at her property on the Saturday night to stay over so I can spend the day with my son on Sunday which is what I always sin and she allows it. We had an argument and she asked me to leave etc which I did. Later in the day i found emails on a laptop stating that my son may not be mine so I took photos of these emails and I asked for answers or ill send them to her mum and sister which again I never did.
Customer: replied 14 days ago.
After calming down I did say to my older sister to speak with her and apologise and try and sort the problem out but I had them been arrested in the night so my elder sister couldn't call her.

Yes, not having a solicitor was a mistake. But nothing can be done about that now.

Try not to make contact with her. That is witness intervention.

Customer: replied 14 days ago.
I will not contact her or her family of course but I'm obviously worried about myself now. Will they look into my past and family etc?

Yes, they probably will.

The police certainly will.

Whether it is admissible is another matter.

Customer: replied 14 days ago.
When I
Customer: replied 14 days ago.
That's fine I've worked all my life and so have my family. However slmy ex partner had recently been arrested for GBH/ assault with a deadly weapon which has now been dropped.

They will be aware of that but it won't make much difference overall.

Delighted to continue with this but please rate my answer.

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 14 days ago.
Am I entitled to make another statement during bail or when i go back to the police station.
Customer: replied 14 days ago.

You can ask to be interviewed again but they don't have to comply.

Also, it doesn't remove what you said in your first interview.

Customer: replied 14 days ago.
Ok I still feel a 2nd interview would help me as there is a child involved . Is there anything that could help me in my situation or do I just wait until I have to go back to the police station?

Just wait until you go back.

If you want to try to arrange an interview then you could do that but generally interviews are dangerous.

Unless you are saying you lied in the first interview.

Customer: replied 14 days ago.
I want a 2nd interview to say I'm not a violent person I visit my son on a regular basis and provide more than i should. For example when my ex got arrested she had to have emergency surgery so she couldn't do much so I stayed over for a few days to help out and none of her family members helped her and they live 10 mins away where as i live more than 20 miles away
Customer: replied 14 days ago.
I've done so much im a genuine person so this is why I'd like a 2nd interview because I can prove what shes lying about if that makes sense.

If you can prove she is lying it would be better to do that at court not in interview.

If the police know about it she will be asked to account for it and then she will fashion her account to it.

Customer: replied 14 days ago.
Another thing is most of these allegations are from 2 years ago. Does that help me in some ways too?
Customer: replied 14 days ago.
Also for someone with no previous convictions etc the worst could be a suspended sentence or actual jail time? I've had a job offer which I'm due to start soon too

Not for threats to kill Im afraid.

Delay does mitigate but not enough to get a suspended sentence.

Customer: replied 14 days ago.
Ok

No problem.

Please remember to rate my answer.

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