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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I was questioned by the police on an alleged act of harassment,they

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I was questioned by the police on an alleged act of harassment,they accepted my expanation and i mentioned that is was sicki of the allegations from my ex partner who had previously had me arrested assault .
I was set free then with no case to answer assault .
So i told the police that i had suspiscions that my ex visisted me on the evening of the alleged assault in order to entrap me with this allegation of assault.
I asked the police to investigate this they said it was a civil matter and i should contact a lawyer and commission a letter advising her to cease slandering me as we had proof that she was telling lies in public about me.
I did this and subsequently after yet another allegationo f sexual assault on two counts apparently on my ex and my lodger which i was arrested again set free third time with no case to answer.
These investigations have spanned from (Assault) Aug 2 /14 ===Harassment Aug 27/14 Sexual assault Sept 16/14 and the final arrest where upon i was charged under a section 39 Stalking (Scotland ) and the evidence against me ?
The lawyers letter that the police advised me to commision on Aug 27.
Why did the police dismiss my allegation of this ladies criminal intent and say it was a civil matter.
And why when i had a lawyer write to this lady did the police decide this was a criminal act causing her fear and alarm and she was not burdened with replying and going through the expense of hiring a civil lawyer ?
My pr-lim court date is Feb 10 and as yet my lawyer still does not have the case file or even confirmation of the evidence against me.
Can you help me and furnish me with advice the only meeting i have had with my public defender lawyer is feeling very much he wants me to plead guilty and its like he does not want to even look into this womans very dubious past .
I dont want to plead guilty to an act of stalking my intention of my letter was simply to get this woman to cease slandering my character,not to cause her fear or alarm.
Thank you question.
What is the exact wording of the charge?
Customer: replied 3 years ago.
The charge on my bail document is
Criminal justice and licensing act ( Scotland ) Act 2010 S 39 ( 1) Domestic harassment
Yes, but what is the specific wording on the actual Complaint (summons)?
Customer: replied 3 years ago.
I don't have that I was charged November 11th but as yet my lawyer has no witness statements or evidence against me .
On the day I was charged the duty solicitor was not advised what the evidence was against me .
All he did was advise I no comment all questioned but I was charged Novmber 11 2014 and I am not aware what the case is against me .
My pre lim hearing is February 10 and still my lawyer doesn't know the case against me
What does the written summons say? You were given one at the time of your first appearance in court.
Customer: replied 3 years ago.
The only think I have is the bail document I don't have this summons you speak .
May when i met with my lawyer first time he took it because I did have a file with papers on it .
If it's any help I believe the charge is a summary offence but as I say I will be in court 2 weeks tomorrow and my solicitor still hasn't had the case presented to him with evidence or witness statements .
I am anxious that this is a political situation because the domestic abuse
Campaign by police Scotland but the purpose of my letter or solicitors letter was merely to stop this lady telling lies about me which I now know not only did she say I beat her half to death after I was questioned and freed on the 2nd August I know she also made allegations that I had sexually assaulted her and my lodger all complete fabrications which have also been investigated and again I was set free with no charge .
I am concerned by the method of the investigation because of this maintained torrent of accusations I have been detained 3 times questioned 4 times my neighbours no longer talk to me .
My health has badly suffered I cannot work even if I could find a job the only job I have been offered was in November but because of my plea hearing Nivember 27 I missed that job .
I lost over £7000 in wages .
I was offered a maintenance job Jan 9 after an interview when they asked about my start date I told them I needed to consult with my doctor they asked what was wrong I told them I was signed off with anxiety and explained because of my impending court appearance .
They then took back the offer , I am and have been under mental health care supervision time now because of the stress this has visited upon me .
I suffer from diabetes type 2 and chronic hypertension and take medication illnesses .
This campaign has all but ruined my life I am unable to work I am now under mental health care as a failed suicide January 2012
My partner broke up with me because she herself was a victim of conventional stalking acts that the police never prosecuted in England .
She doesn't believe a man can be arrested and charged using a solicitors letter as evidence against him .
And I repeat that on the evening of the 27 August I asked the police to investigate way I feel was criminal intent by this lady to damage me mentally , physically and financially which is exactly what she has done with the help of the police force .
I feel I was duped by the police on the evening of Aug 27 them refusing to take my complaint seriously and the stress I was under because of this second interrogation by the police and because high stress is very hazardous to my health ( stroke and or heart attack ) I had to have something done about this victimisation by her .
The police told me it wasn't a matter it was a civil matter and I should see a lawyer .
That is what I did and that is the evidence they have used against me charge section 39 Stalking .
And I think that is crazy that a woman can call you a woman beater and a sexual predator involving to criminal acts on two women and if you go down the safe route (as I thought it was ) and commission a Letter from a solicitor asking the lady to cease these defamatory comments .
I'n stead of the lady replying through another solicitor as my lawyers letter advised no she goes to the police and they happily take up the cudgel and use tax payers money to pursue me as a criminal.
I am 57 years old with a clean record and this is literally killing me .
Surely you can give me some advice ?
It is very difficult to give you any advice when you do not appear to know what you are being accused of.
However, I can make the following comments:
You do not appear to have much confidence in your solicitor. If that is the case then change your solicitor. You should not be pleading guilty to a charge that you are not guilty of.
Remember that the procurator fiscal hast to be able to prove the charge against you. That means there has to be corroborated evidence of whatever it is that you are supposed to have done. So you have to consider whether there are any witnesses, forensic or any other evidence which could either go against you. It is important that the extent of the case against you is disclosed. From what you say that has not happened. Again, your solicitor should be chasing this if you have a court hearing in two weeks time.
What you have to accept, unfortunately, is that you are now part of a system of justice. You may not like that. You are not guilty. However, you have to go through the process and remain calm and collected and instruct a competent solicitor in a proper manner. That is the way that you will succeed in beating in these charges, this woman and the police. Your defence has to be properly constructed and put forward to the court as does a proper cross-examination of the Crown witnesses. The court will assess the credibility and reliability of the evidence when reaching a decision. reason your case has to be put forward, and you evidence has to be given, in a reliable and credible manner.
I hope that these thoughts are helpful.
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