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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12181
Experience:  30 years as a practising solicitor.
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I was at a party where a fight broke out and someone was

Customer Question

I was at a party where a fight broke out and someone was injured. A man was arrested. The police arrived and asked me what happened I remember speaking to them but don't remember what I said as I was very drunk. I don't recall making a formal statement or signing anything. At the court case the other day they said that I made a statement against the accused but I am sure I didnt. what can i do about this? I don't want to go to court as a witness

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You can't not go to court if you've been cited as a witness, I'm afraid. You would end up in more trouble than the accused. What you can do is say that you don't remember much because you were drunk. You can't deny making the statement if they have your statement.
You can't on the one hand say that you spoke to the police but you don't remember what you said yet on the other hand say you are sure you didn't make a staement against the accused. The prosecution will eat you for breakfast!
You have to be as honest as you can so as to protect your own interests.
I hope this helps. Please leave a positive response so that I am credited for my time.