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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I live in Scotland, Edinburgh, and I had a misunderstanding

Customer Question

I live in Scotland, Edinburgh, and I had a misunderstanding with my partner which lead to domestic violence and he was charged with domestic assault. I didn't want to press charges but the police officers told me that I had no control over the matter. Our court case is fast approaching and I was sent a citation letter which I did not sign. The police tried to contact me to sign the letter and then eventually stopped. I have been told by some to not turn up to the case and then it will get dropped but I want to know what's the best action to take so that my partner is not found guilty because I don't want this to go too far.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If the court doesn't not hear your evidence then it is likely that there will be insufficient evidence to prove the charge and your partner will be found not guilty.
However, even if you haven't signed for the citation, the police officers can certify that they sent the citation to you or delivered it to you. That means that if you fail to turn up and give evidence a warrant could be granted for your own arrest and detention. So whilst you can avoid your partner being convicted you could end up in trouble yourself for contempt of court by way of ignoring the citation.
The only proper way of doing this is to employ a solicitor yourself, to go and meet with the procurator fiscal and to say that you have reconciled and don't want this to go any further. It will then be up to the PF (as opposed to the police) as to whether they proceed with the case in court.
Happy to discuss further. I hope this helps. Please leave a positive rating so that I am credited for my time.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
But the court case is this Friday and my partner was given bail conditions of no contact with me. I have already handed in a letter to the PF saying that I wanted the charges and bail conditions dropped however they did nothing about it. I'm just feeling so confused about it all I was also advised by some to go the court and say for myself that I don't want any charges pressed.
Expert:  JGM replied 2 years ago.
I stand by my suggestion that you ask your solicitor to speak to the PF. However, if you decide not to do this and you go to court, you can speak to the PF yourself. The difficulty with that approach is that the PF in court may not have the authority to do anything other than take the case to trial. If that happens and you refuse to answer questions about the incident or say anything different from the statement you gave to the police then you will be found in contempt of court and could be charged with perjury. That is why I say that you have to deal with this in advance of the case of you are going to deal with it. You may not be successful but you have more chance that if you wait till Friday.
Customer: replied 2 years ago.
Ok which solicitor would you recommend? Thanks
Expert:  JGM replied 2 years ago.
Experts on Just Answer aren't allowed to recommend specific solicitor but you should call the Law Society 0131(###) ###-####and they will be able to do so.