Have been accused of theft?

Have been accused of theft?

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Discussion

Tonto

2,983 posts

247 months

Tuesday 30th September 2014
quotequote all
I predict that the necklace will be found in the near future.
Should that happen, I guarantee that it will not occur to anyone involved to give you an apology.

Mk3Spitfire

2,921 posts

127 months

Tuesday 30th September 2014
quotequote all
dingg said:
DO NOT go voluntarily - the police are not there to help you!!! - they will/are trying to build a case against you.

let them go to the bother of arresting you (if they feel the need to go that far)

speak to a solicitor ASAP to forewarn of the situation,

DO NOT let the police interview you without legal representation - it is not in your best interest to do so,

the initial representation at the station is free
Terrible advice from someone who clearly does not know what they are on about.
If he has phoned you and advised you to attend voluntarily then he will do just that. The police do not try "to build a case against you", they weigh up the evidence and if there is sufficient, will proceed. If not, it's NFA.
If you don't turn up then you probably or almost certainly WILL be arrested. Prompt and effective/evidence by questioning. Not necessary if you're attending voluntary. Get a duty brief (free) and take their advice.

Mk3Spitfire

2,921 posts

127 months

Tuesday 30th September 2014
quotequote all
Bigends said:
Exactly this - if theyre happy for you to attend voluntarily then there's unlikely to be any necessity for arrest, otherwise theyd have sent local cops round - arrested you at home and searched your house. Some will still take the pi**, entice you into the station and arrest you
If he doesn't attend voluntarily then that's exactly what is created - the necessity to arrest! Although there would already be sufficient grounds, I.e S.32 searches (easier than an 18).

Mojooo

12,668 posts

179 months

Tuesday 30th September 2014
quotequote all
Pit Pony said:
I'd be getting a solicitor, and making a written statement in his office, and posting it to Gwent Police.
Even if you make a written statement the Police can or may want to interview to ask specific questions which justifies an interview.

If you think the Police are serious about nicking you then you would be crazy not to take the option of going in voluntarily.

Meet a solicitor before oging into the station and that should reduce the chances of being arrested if the sole purpsoe of the visit is to carry out an interview.

Mk3Spitfire

2,921 posts

127 months

Tuesday 30th September 2014
quotequote all
^^ This.
Anyone who posts "wait for them to arrest you" is deluded. Speak with a brief before hand if it will give you peace of mind. And if, when you get there they do nick you after telling you it will be voluntary (which I seriously doubt will happen) get your sol to question it.
Making and posting a "written statement" and posting it will make no difference at all.

505diff

507 posts

242 months

Tuesday 30th September 2014
quotequote all
Having to go for an interview will be time consuming and time wasting for you, however what evidance exists that you took the item? What evidence do they have that the item existed in the first place, the fact you were working in the house does not help things but has the complainant got evidence they have made reasonable effort to look for this item before assuming it's been stolen. it sounds to me like they are the 'everyone's out to get me I need my house covered in CCTV' type who often has a hidden history of being a general ar5e hole!

kev b

2,708 posts

165 months

Tuesday 30th September 2014
quotequote all
I was involved in a similar situation after someone complained I had parked badly and "nearly hit them" with my car.
A policeman rang and asked if I could "pop down to the station to clear things up".

As the station is only 2 minutes away and I was totally innocent, I called around on my way home.

Next thing I was in an interview room, under caution, with the tape running, no offer of legal representation offered, no evidence against me was shown despite the town cctv cameras covering the area.
The whole experience was pretty disconcerting and left me with zero respect for the police, I refused to accept a caution because I was blame free and eventually they released me, NFA and no caution.

IANAL so the only decent advice I can give the OP is to be very very careful before doing anything or doing nothing, a solicitor would probably be a sensible move despite the expense. Do not accept a caution as my take on it is that implies you were guilty but not enough evidence could be found to prosecute you.

marshalla

15,902 posts

200 months

Tuesday 30th September 2014
quotequote all
kev b said:
Do not accept a caution as my take on it is that implies you were guilty but not enough evidence could be found to prosecute you.
A caution is offered if the accused admits guilt and the police are satisfied that it can be dealt with without going through the courts. It does not have to be accepted and, if not accepted, the case may then be referred for court proceedings. So, no implication of guilt, but a clear admission of guilt.

https://www.askthe.police.uk/content/Q562.htm


R1 Indy

Original Poster:

4,381 posts

182 months

Tuesday 30th September 2014
quotequote all
Cheers guys,

I will get and find a solicitor, or are the duty solicitors usually fine?

The officer did say I if I go in voluntarily, I won't be arrested, so if he does arrest me, that would surely be wrong??


Regarding the necklace, I'm positive it will be in the room somewhere. I asked her to empty her wardrobe (where cctv recorder going), and she basically just dumped everything on the floor,

So it's not hard to imagine a necklace sliding out under a bed/cabinet etc.

I'm sure when it's found I won't get an apology!


I do plan to go in voluntarily. The last thing I want is to be arrested at 5am.


I do find it rather odd that someone can make a accusation with zero evidence, and the police have to investigate, even though there is no chance of it going anywhere? Unless I was so make a false confession!!
Seems such a waste of police time.

3Dee

3,206 posts

220 months

Tuesday 30th September 2014
quotequote all
If you have no involvement with the 'apparent' theft, then I would seek a local interview if it is possible. As for the solicitor I can see this as a good precaution, however I will recount what happened to me and you can take what you will from it....

Many, many (35) years ago, I was running a small building firm of 3 people. We had taken on an extension refurbishment which lasted 3 months due to extensive dry-rot work and wall renewal. Job was completed, final bill sent in of around 2k.

2 months later, bill was unpaid by lady owner, who was a business-woman. After many attempts, calls etc, we instigated a claim. 3 weeks later, I got a knock on the door late one evening, and two coppers asked me to come down the station to 'clear a problem up'!

With nothing to hide, and frankly no idea as to what the problem was I agreed, leaving my wife and kids behind!
At the station, they explained that I was accused of taking jewellery from the house where the extension work was done! As you can imagine, I was flummoxed! They then cautioned me, and the interviewing officer spent what seem like an hour trying to trap me into agreeing that I had the opportunity so I must have taken the items. It was weird... a very stressful experience, but somehow satisfying as I rebutted each suggestion.... and then said he wanted to search my home, to which, rightly or wrongly I begrudgingly agreed!
Obviously I knew there was nothing to find, but I was extremely worried about the impact of loads of coppers ransacking my house with my wife and kids looking on!!!!

Within a few minutes, I was arrested on sus, locked in a cell with no shoes or belt, and had to wait 5 hrs until they came back to reinterview with no mention of how the search went, apart from unarresting me and saying I could go!

I said, how do I get home, to which desk bloke said..not their problem...B'stards!
Few mins later, original cop came in and offered a lift back home! On the way back the cop said that they suspected that the accuser was a 'professional debtor' and knew how to avoid paying... then he shut up....

That little episode I will never forget!





dingg

3,974 posts

218 months

Tuesday 30th September 2014
quotequote all
Mk3Spitfire said:
dingg said:
DO NOT go voluntarily - the police are not there to help you!!! - they will/are trying to build a case against you.

let them go to the bother of arresting you (if they feel the need to go that far)

speak to a solicitor ASAP to forewarn of the situation,

DO NOT let the police interview you without legal representation - it is not in your best interest to do so,

the initial representation at the station is free
Terrible advice from someone who clearly does not know what they are on about.
If he has phoned you and advised you to attend voluntarily then he will do just that. The police do not try "to build a case against you", they weigh up the evidence and if there is sufficient, will proceed. If not, it's NFA.
If you don't turn up then you probably or almost certainly WILL be arrested. Prompt and effective/evidence by questioning. Not necessary if you're attending voluntary. Get a duty brief (free) and take their advice.
having been on the 'other side of the table' and aquitted at crown court I'm speaking from my own experience of the police - I wouldn't let you lot take charge of my dog for a walk.



anonymous-user

53 months

Tuesday 30th September 2014
quotequote all
Regardless of your experience, it's still crap advice that should be ignored.

MGZTV8

591 posts

148 months

Tuesday 30th September 2014
quotequote all
La Liga said:
Regardless of your experience, it's still crap advice that should be ignored.
As is 95% of the bilge posted here.

Comedy value however is 100%.

MGZTV8

591 posts

148 months

Tuesday 30th September 2014
quotequote all
La Liga said:
Regardless of your experience, it's still crap advice that should be ignored.
As is 95% of the bilge posted here.

Comedy value however is 100%.

MGZTV8

591 posts

148 months

Tuesday 30th September 2014
quotequote all
La Liga said:
Regardless of your experience, it's still crap advice that should be ignored.
As is 95% of the bilge posted here.

Comedy value however is 100%.

caziques

2,567 posts

167 months

Tuesday 30th September 2014
quotequote all
dingg said:
Mk3Spitfire said:
dingg said:
DO NOT go voluntarily - the police are not there to help you!!! - they will/are trying to build a case against you.

let them go to the bother of arresting you (if they feel the need to go that far)

speak to a solicitor ASAP to forewarn of the situation,

DO NOT let the police interview you without legal representation - it is not in your best interest to do so,

the initial representation at the station is free
Terrible advice from someone who clearly does not know what they are on about.
If he has phoned you and advised you to attend voluntarily then he will do just that. The police do not try "to build a case against you", they weigh up the evidence and if there is sufficient, will proceed. If not, it's NFA.
If you don't turn up then you probably or almost certainly WILL be arrested. Prompt and effective/evidence by questioning. Not necessary if you're attending voluntary. Get a duty brief (free) and take their advice.
having been on the 'other side of the table' and aquitted at crown court I'm speaking from my own experience of the police - I wouldn't let you lot take charge of my dog for a walk.
Perhaps NZ Police are even more terminally stupid than their UK counterparts - my experience is possibly similar to dingg.

Going "no comment" resulted in the Police showing how tough they were with a search warrant - looking for a wheel clamp that I was both intelligent enough to remove - and stupid enough to leave in my bedside cabinet. When they didn't find it (there's a surprise) I was rewarded with a summons. (We didn't find any evidence so we'll issue a summons in any case!).

After wasting considerable amounts of time the Police even ballsed up the withdrawal from court, by not letting my legally aided solicitor know.

The whole fiasco must have cost a few thousand, a situation that could have been a lot worse if I had talked to the Police. Eventually it transpired I had been seen fixing the brakes on the car in question the day BEFORE a clamp was attached - the Police had jumped to a wrong conclusion and put words into a witnesses mouth.

I suspect the real reason for trying to get me was a case I had against the Police in the High Court a couple of years before, the judge gave the Police a right bking for having paperwork wrong - and as a result they had to change the wording and reprint thousands of documents. C'est la vie.


anonymous-user

53 months

Tuesday 30th September 2014
quotequote all
Terminally stupid to the degree the courts, prison (81k), rehabilitation and probation systems and structures are overwhelmed with quantity and quality of investigations that result in so many convictions.


Eclassy

1,201 posts

121 months

Tuesday 30th September 2014
quotequote all
kev b said:
Next thing I was in an interview room, under caution, with the tape running, no offer of legal representation offered, no evidence against me was shown despite the town cctv cameras covering the area.
The whole experience was pretty disconcerting and left me with zero respect for the police, I refused to accept a caution because I was blame free and eventually they released me, NFA and no caution.

IANAL so the only decent advice I can give the OP is to be very very careful before doing anything or doing nothing, a solicitor would probably be a sensible move despite the expense.
This is exactly what happened to a mate of mine but some on here will tell you it never happens. My mate was a bit switched on and told them he was happy to answer all questions but in the presence of a solicitor. They refused his request and then arrested him for prompt and effective investigation by way of interview which happened almost 10 hours later .

It should cost you nothing if you bring your own solicitor. That first representation is paid for by the govt

anonymous-user

53 months

Tuesday 30th September 2014
quotequote all
Mistakes happen, naturally. There's 130k+ officers, most of whom are constantly dealing with incidents and investigations.

What's a big red flag is those who constantly seem to have issues or who have a wide group of friends who conveniently all have a negative experiences to summon upon.


jesta1865

3,448 posts

208 months

Tuesday 30th September 2014
quotequote all
La Liga said:
Mistakes happen, naturally. There's 130k+ officers, most of whom are constantly dealing with incidents and investigations.

What's a big red flag is those who constantly seem to have issues or who have a wide group of friends who conveniently all have a negative experiences to summon upon.
yes mistakes do happen, which is why i always laugh at people who say if you haven't done anything wrong you have nothing to fear.

over the years i've not had to interact with the BiB very much and personally it depends on who you get as to how you perceive the experience. i've had 2 coppers in my hall, who couldn't have been more chalk and cheese, the pc was great, explained stuff and was very pleasant, the sergeant was a mardy bd.

me i'd go of my own volition, but i'd have the legal representation, i'd also budget for a long stay.