Been arressted - am I perverting the course of justice?

[TROOPER88]

agtlaw said:

Get a firm with a criminal legal aid franchise. Start here:

http://solicitors.lawsociety.org.uk

Look at websites. Contact a firm you like the look of. I'd insist on a solicitor rather than a legal rep. If they can't promise this, go elsewhere.

Thank you
I really can not afford legal assistance. This would be fabulous if I would qualify for free legal aid.

[dogzilla]

>>>Will the Police be able to access mobile phone records etc with the phone off-line?

Without a doubt. They can requests the records from the mobile phone company if needs be and get a full transcript of any messages.

>>>Am I perverting the course of justice in any way by using my new mobile phone handset?

I wouldn't have thought so. They seized your handset for evidence, with that they can firmly link you with the texts. I don't think they will be interested in whether the sim is deactivated or not.

>>>Do you think I need to have you / a legal representative in attendance for my hearing at xxxxx Police station on the 29/04/2015?

Absolutely. Do not go into this on your own because you are liable to get stitched up. Get a solicitor involved, I would think one versed in family law as I think it could be quite important part of the argument. As you aren't just a feller off the street that decided to gain entry into someone else home.

You had an agreed and long standing understanding for the use of the shed from a partner you share a daughter with and had significant amounts of property and valuables stored in there. I would hope it would be seen as unreasonable for her to suddenly withdraw access in such a short notice of time and threaten you with putting your goods at risk so the trespass might be harder to secure and maybe the fact you invested money into the building of the garage would convince the police/cps they couldn't easily convict you on a simple criminal damage charge.

I think the threatening messages is gonna be the hardest to explain, depending on how serious they were and how one sided it was. You really don't wanna be getting done up on harassment and getting a restraining order on you as that's going to affect access to your daughter and the whole thing is probably gonna get messy.

In hindsight not the smartest of ideas letting yourself in and securing access, probably better to have just accepted fate at that point and arranged to remove your items in a reasonable time

I'm not a solicitor so this is just my thoughts. Good luck geezer.

[TROOPER88]

PurpleMoonlight said:

You are banged to rights on the texts, but thinking outside the box about the garage.

I appreciate that it's on her property but that does not necessarily mean she owns it. Did you pay for it to be built? Did you gift it to her? If yes and no, you could argue you own it and they can't charge you with damaging your own property.

I hope you get the contact sorted, a crazy ex is the worst thing possible.

Prob paid about a third towards the build cost. I did pay for (maybe able to find the receipt) for the windows and doors.

Therefore it could be said 'it's my property'

Thanks

[Bigends]

If all hes done is unscrew the handle and its just a simple matter of replacing it at no cost and with minimal effort - Police have no damage to record.

[Fab32]

In your original post I think you are saying you are contacting your daughter via facetime? Whose device is she using? who is it registered to on ITunes? Be very careful making contact with that device as you ex could suggest you are harassing her. I think you need to rethink your contact

You really haven't done yourself any favours by talking with the police and admitting stuff, do not speak to them again without a solicitor and make sure its a good one.

You don't need me to tell you but you have behaved very poorly, what are plans for future contact with Sally? If you need help in that area let me know.

Fab

[GCH]

A charge/conviction/caution for threatening behaviour, and/or harassment gives her a solid foundation and evidence to portray herself as a victim, and go for sole custody, which could well be her aim here.

Be very careful contacting your daughter via facetime- if, for example, she is using her moms iphone/ipad/itunes account or something, that could be interpreted as a breach of one of your conditions. Do not contact her, her bloke, and be carefu if speaking to her family members (you mention her father).

Get legal representation, pronto.



Oh, and edit out your real name from your profile too!

Edited by GCH on Friday 27th March 19:59

[TwigtheWonderkid]

As an aside to the legal mess, you should lose the anger towards the other bloke. He wasn't in a relationship with you, and he owed you nothing.

Tbh, the 2 of them sound perfect for each other. You're well of out of it. Just got to sort out a workable future with regular access to your daughter.

[Tribal Chestnut]

Reminds of the time when my ex and her mother took my daughter 250miles away and tried to stop me seeing her. All sorts of allegations and bullst flying about. Bent coppers and plastic gangsters threatening me. People can be absolute fking s sometimes.

Good luck OP and please remember to keep your cool. They tried to goad me into reacting many many times but I wouldn't bite.

[photosnob]

Your case seems strange... (And I'm not saying I don't believe you).

1. You usually speak to the solicitor on the phone quite quickly. Or Atleast a colleague. Unless this has changed. Did this not happen?

2. Using a new phone is not perverting or obstruction. Don't worry about it.

3. Why is a dci dealing with criminal damage? I've been dealt with my a dc before for arson with intent. It seems mad to have a senior office on a summary only offence.

4. Sending a nasty text doesn't mean you have committed an offence. I could text a friend (and do) in a jokey way starting with some abuse in a jokey way. Although that's not for me to judge.

5. Good luck. As said get a brief. I think the police are on shakey ground if they gave the impression that it would all be quicker without a solicitor,

6. At the start of the interview they usually demand to know why you don't want a brief for the tape. What did you say here? It probably doesn't matter - but could make the difference between what you said being usable in court or not.

Finally - don't breach your pre charge bail conditions or your going to be nicked again!!! If they are stupid or silly get your brief (again free) to go to the magistrates and apply to have them changed. Good luck.

Edit - one more thing. What happened at the police station? Unless I've been ill, or have been kicking off I was always fingerprinted (and had dna first time) when I first arrived. They never did it post interview. Again this might all have changed since I was last arrested.

Edited by photosnob on Friday 27th March 19:59

[TROOPER88]

Hi
I will reply in detail to all tomorrow as am out this eve.

With regs the time at the station, it is exactly as I put it.

Another point worth mentioning; I paid for and could find proof:

3 x double glazed window units
1 x upvc door
1 x up and over electric door
The full electrical installation
The porcelain tiled floor
All insulation
All decoration

It's a fab garage!!

[Mk3Spitfire]

photosnob said:

Edit - one more thing. What happened at the police station? Unless I've been ill, or have been kicking off I was always fingerprinted (and had dna first time) when I first arrived. They never did it post interview. Again this might all have changed since I was last arrested.

Edited by photosnob on Friday 27th March 19:59

For the majority of cases (as would be the case here), it makes no difference and will depend on a lot of things. How busy the custody suite is, if there are any CDO's available etc. sometimes you'll be processed on arrival, sometimes after interview, sometimes half way through your stay.

[Red Devil]

TROOPER88 said:

During this time I was sent a torrent of abuse by Miss xxxxx via text message.

I was very annoyed and upset by this revelation and did send Miss xxxxx a couple of text message calling her an F.... bh and that not letting Sally see me was evil.
I had also sent Miss xxxxx a similar message circa a week before this. This text stated that I did not see her actions as mean, horrible, selfish etc but evil.

We then moved on to discuss the text messages that I had sent.
At the time of my arrest my mobile phone was taken by the officers.

I was shown 3 screen shots from my phone of the messages that I had sent. I was asked if I thought that the messages were threatening etc. I accepted that they came across as aggressive/threatening but any parent who was being denied access to see their own child would feel the same.

Were the messages to you from Miss xxxxx also threatening? Are they on the phone which the police have? If so perhaps she has a case to answer as well. Make sure your solicitor doesn't overlook those few words among the rest of your narrative.

[mph1977]

photosnob said:

Your case seems strange... (And I'm not saying I don't believe you).

1. You usually speak to the solicitor on the phone quite quickly. Or Atleast a colleague. Unless this has changed. Did this not happen?

I suspect the OP 'didn;t think he needed to' and has therefore dropped himself in it rather than going on tape with a plan of action or an inital 'no comment on legal advice' interview

he also won't have had the benefit of disclosure before going on tape

photosnob said:

2. Using a new phone is not perverting or obstruction. Don't worry about it.

yep i suspect so , as others have said what is on the old phone will remain on the old phone and can be cross checked with the netowrk

photosnob said:

3. Why is a dci dealing with criminal damage? I've been dealt with my a dc before for arson with intent. It seems mad to have a senior office on a summary only offence.

becasue it's a harassment case with potential domestic overtones and a vulnerable person involved ( the child)

photosnob said:

4. Sending a nasty text doesn't mean you have committed an offence. I could text a friend (and do) in a jokey way starting with some abuse in a jokey way. Although that's not for me to judge.

unfortuantely what you mean and how a message is recieved is a very different matter as many of the NP&E posters fail to appreciate in their arguably disordered minds ...

there is also the matter of people being coached to mention certain magic words in a complaint / statement /interview that can either make things go away or make things far worse -

photosnob said:

5. Good luck. As said get a brief. I think the police are on shakey ground if they gave the impression that it would all be quicker without a solicitor,

this will come down to exact wording

photosnob said:

6. At the start of the interview they usually demand to know why you don't want a brief for the tape. What did you say here? It probably doesn't matter - but could make the difference between what you said being usable in court or not.

this is where people who are naive drop themselves in it compared to those who have been 'trained' in dealling with it ...

photosnob said:

Finally - don't breach your pre charge bail conditions or your going to be nicked again!!! If they are stupid or silly get your brief (again free) to go to the magistrates and apply to have them changed. Good luck.

Edit - one more thing. What happened at the police station? Unless I've been ill, or have been kicking off I was always fingerprinted (and had dna first time) when I first arrived. They never did it post interview. Again this might all have changed since I was last arrested.

Edited by photosnob on Friday 27th March 19:59

all depends on what is happening - also in the light of the stuff about retention - i can see some forces trying to save money by interviewing first and if it;s an obvious NFA omitting the DNA etc ...

[elanfan]

Red Devil said:

Were the messages to you from Miss xxxxx also threatening? Are they on the phone which the police have? If so perhaps she has a case to answer as well. Make sure your solicitor doesn't overlook those few words among the rest of your narrative.

I don't know if it works this wAy but I'd bet she will withdraw her complaint if she thinks she could also get a caution/conviction too.

[anonymous-user]

I doubt a DCI is the officer in case / charge.

[Ayahuasca]

What kind of car are you restoring?

[TROOPER88]

Ayahuasca said:

What kind of car are you restoring?

I'm actually out at the mo but keep checking in

A mk1 golf gti.

The whole build thread is on Pistonheads.

[Dibble]

Make sure you have legal representation when you attend on bail. A solicitor is there to represent your interests. As agt law says (and I don't agree with some of what he says in other threads), a caution may be a better option than a conviction at court. The usual blanket PH "no comment" advice isn't always the best advice. You need a solicitor who has had full pre interview disclosure to be able to give you proper advice. Frankly, if I was in the mire, I'd want someone like agtlaw to represent me.

The Polie will be able to read your handset/SIM whether or not you've got another handset. In fact, when I seize phones for investigation, I usually suggest the owner contacts the service provider to see if the transfer of the number to another handset/SIM is an option and I'm happy to speak to service providers as well to try and sort it.

And not to piss on your bonfire, but you can be guilty of damaging your own property. Unfortunately, I can't remember the stated case, but others may be able to help. As for the phone messages, there's a potential case of domestic related harassment, but again, a solicitor will be better able to advise you. Get one.

[User33678888]

I'm not a lawyer but thought you could not commit criminal damage to something you own. If you paid to build the garage surely the door handle is yours? Awaits flaming for completely misunderstanding the law..

[Dibble]

User33678888 said:

I'm not a lawyer but thought you could not commit criminal damage to something you own. If you paid to build the garage surely the door handle is yours? Awaits flaming for completely misunderstanding the law..

http://www.cps.gov.uk/legal/a_to_c/criminal_damage/

Basically, you can damage your own property if someone else has an "interest" in it (ie a co owner).