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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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i am being charged with vandilism, last nite i had got arrested

Customer Question

i am being charged with vandilism, last nite i had got arrested becos i beoke a window in a flat close, i was very drunk and was searching for a man i had given money to so i went searching for him, i am under alot of stress just now with my premature baby being in intensive care due to bronchilitis i am not at home either becos pf th circumstances of the baby in hospital, my charge has gone to prosecutar fiscal, i hav a criminal record with drink related offences, i was nearly sent to jail last time, if my charge sheet is sent to my house and i plead guilty will there be a chance that i am sent to jail as i am on a supervision order? i hav been really stressed lately an it all bottled up in me an the drink brought it out, i am very sorry for wat i have done.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What record do you have?

Have you been in jail before?
Customer: replied 4 years ago.
i have two drink driving charges, two assaults one of them on a policeman, and no i have never been in jail before i also hav a three year old bak home stayin with my gran

Expert:  JGM replied 4 years ago.
If you have a skilled lawyer he may be able to argue for a community service order for you but your record is such that the court will have to consider a custodial sentence.

You do have some good mitigation points, however, given your personal situation. You should also try to arrange for the damage to be fixed and pay for it as that would stand you in good stead with the court.