Been arressted - am I perverting the course of justice?

[Mk3Spitfire]

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..

As Dibble says, jointly owned properties can result in a crim dam. As can cars on finance etc.

[User33678888]

Makes sense, thanks chaps. Sorry to derail the thread.

[PurpleMoonlight]

I doubt they will do anything about the alleged criminal damage.

Setting aside whether or not it is his property, what damage has he actually caused. He simply removed a door handle to ease future access to the garage. No actual damage has been caused.

[Red Devil]

Mk3Spitfire said:

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..

As Dibble says, jointly owned properties can result in a crim dam. As can cars on finance etc.

I believe the 'interest' doesn't even require joint ownership or a charge on property, merely possession.
For example a car in the custody and control of a garage for repairs or on loan to a friend.

[Mk3Spitfire]

Red Devil said:

I believe the 'interest' doesn't even require joint ownership or a charge on property, merely possession.
For example a car in the custody and control of a garage for repairs or on loan to a friend.

I do recall the incident of theft of ones own vehicle whilst in for repairs, although I don't recall the name.

[Mk3Spitfire]

PurpleMoonlight said:

I doubt they will do anything about the alleged criminal damage.

Setting aside whether or not it is his property, what damage has he actually caused. He simply removed a door handle to ease future access to the garage. No actual damage has been caused.

Permanent or temporary impairment of value or usefulness CAN also constitute criminal damage. Although cases like this are quite open to interpretation.

[cardigankid]

Silent1 said:

Get a solicitor and stop talking to the police without a solicitor, admitting anything is not going to help your case.

This, immediately. Find someone you trust and a fee basis which is sensible. This is going to be expensive and unpleasant but just grit your teeth and you will come out the other side. They can't kill you.

Your Miss xxxxx sounds like my former fiancée of many years back who I had the luck and sense not to marry and by the grace of God managed not to knock up. Some women are unable to sustain a normal relationship, they have to be doing something bad or dangerous.

You need to deal with the criminal charges, get a stable domestic situation, house, garage etc. you will probably be asked to contribute to the cost of your daughter's keep. Do this but don't pay any more than the agreed amount. You will only be seen as a source of money for all sorts of costs some of which will only be tangentially related to the little girl. This may involve separate civil legal proceedings. The police (not all of them) can be unsympathetic bullies who are only interested in banging people up. Their job probably makes them that way. The Courts however are not stupid, and a will realise you have been treated very badly, and b want to achieve a sensible solution which is foremost fair to your daughter.

Sooner or later you are going to have to be allowed to see your daughter. You can be sure of this - she will also be wanting to see you. Don't get upset if it turns out she is Mr. X's daughter. Sooner or later you are going to get access rights. Remain calm, and even treat the evil bh and her current paramour civilly.

She will receive her own reward for her behaviour in due course, probably through extreme unhappiness. So will Mr X who will come to realise that he has hitched himself to a psycho. Once she realises that she has no weapons left to hurt you with, and cannot do so by depriving you of access to her daughter she will lose interest and will also find constantly looking after the little girl a nuisance and a bore, so you are likely to get a lot more access. Once Mr X departs she will need to go out looking for a new victim. NEVER and this Is important be tempted to reconcile with her even for your daughters sake, or the whole cycle will just start again.

Oh, and one obvious but important issue. Never do anything under the influence of rage or alcohol. Best of luck.

Edited by cardigankid on Saturday 28th March 08:00

[pork911]

get a solicitor and STOP talking about it in any way on the internet.

[Monkeylegend]

Mk3Spitfire said:

Permanent or temporary impairment of value or usefulness CAN also constitute criminal damage. Although cases like this are quite open to interpretation.

And we have only heard one side of the story.

[allergictocheese]

Mk3Spitfire said:

I do recall the incident of theft of ones own vehicle whilst in for repairs, although I don't recall the name.

The law has changed since those days. It wouldn't get charged as theft today (it would be making off).

[TROOPER88]

pork911 said:

get a solicitor and STOP talking about it in any way on the internet.

Hi
What harm am I doing by it being discussed on here?

So far I have been moved by the help and thoughtfulness of fellow Pistonheader's.

I have also learnt a lot about the best way forward.

[cardigankid]

Just exercise discretion about what you disclose. I hope that what has been said here will be of assistance to you and it is meant well. There is always the possibility that your ex will get access to this site so just don't say anything that might be useful to her. Maybe best delete anything that could be construed as confessing to criminal activity, though I doubt the rozzers will think of looking here.

[paintman]

cardigankid said:

Just exercise discretion about what you disclose. I hope that what has been said here will be of assistance to you and it is meant well. There is always the possibility that your ex will get access to this site so just don't say anything that might be useful to her. Maybe best delete anything that could be construed as confessing to criminal activity, though I doubt the rozzers will think of looking here.

Still mystifies me that people think that the police/partners/employers/prospective employers/employees don't find things that they have posted on the internet on open public forums & that what they have posted is the same as having a quiet chat with your mates in the pub. Despite people having been sacked and prosecuted.

With the amount of detail given all it needs is for an officer from that force to be looking through PH as a normal PH user to see this thread & think 'Hmm, wasn't there a bloke nicked recently for this?' and then you've got another load of stuff to go with the texts you're worrying about.

[TROOPER88]

paintman said:

Still mystifies me that people think that the police/partners/employers/prospective employers/employees don't find things that they have posted on the internet on open public forums & that what they have posted is the same as having a quiet chat with your mates in the pub. Despite people having been sacked and prosecuted.

With the amount of detail given all it needs is for an officer from that force to be looking through PH as a normal PH user to see this thread & think 'Hmm, wasn't there a bloke nicked recently for this?' and then you've got another load of stuff to go with the texts you're worrying about.

I am sorry but I do not see an issue with this; maybe I should do.

Everything I have said on this forum is a true and accurate appraisal of the events that have so far occurred.

I have not said anything on here that the Police do not already know. If I had I would naturally understand your logic.

In my view it could be argued that if the constabulary in question were indeed looking on here, it could go in my favour - I hope it comes across like I am a decent, normal bloke who just wants the best for his Daughter.

Yes I made a mistake attending the property during the week and I will be punished for this.

[Exige77]

Cant help or offer advice to OP but good luck with it.

I hope you can get it sorted.

[Chicken]

I can't offer any legal advice, but I can sympathise with your position.
When my marriage broke down I took it very badly (lots of cheating by her, and a question mark of paternity over one of my kids). I did what you did; lots of angry texts, silly empty threats, and general dickishness by me. I ended up nicked, and cautioned over it all. My brief gave me one solid observation that has served me well since: Men and Women are different. When hurt, Men like to hurt back quickly, but we can't go round punching our exes so we get angry and do stupid things. Women are much more in control of their emotions and play the long game.

Five years on, I have my son living with me and my daughters round all the time.
All I can say mate is, whilst you're still pissed, put the phone away. Make all communication polite and through a third party (you said you're on good terms with her parents so use them). Do not delete any communications (from either party) and do not discuss anything over the phone or face-to-face. Make a note of everything (date, time, witnesses, everything!). Never respond angrily - if she pisses you off then unleash your rage elsewhere (my wall had a couple of holes in it!). Give her the rope and she will probably hang herself.
You will probably not need all this when the dust settles, but if it comes to court and residency issues then evidence will be invaluable. Remember, you have already started on a sticky wicket so you need to be whiter than white.

Although it feels like it will go on forever, things will eventually settle down.

Finally, if you go out on the piss then never ever text or call her. Give your phone to someone else, hide your SIM card, or get drunk somewhere where there is no signal. Drunken texting will undo all your hard work!!!!

Stay strong
Jim

[BlackLabel]

GCH said:

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.

It would also give her access to legal aid for a custody battle which she wouldn't necessarily get under normal circumstances.

[TROOPER88]

BlackLabel said:

It would also give her access to legal aid for a custody battle which she wouldn't necessarily get under normal circumstances.

I know for a fact that she does not want sole custody (or should I say didn't......)

I am meeting an associate I know through work this evening for a chat. He is a criminal lawyer who is looked upon very highly.

From what he has read about the case so far he has stated I will need both a criminal lawyer and a family lawyer to see this to conclusion.

[Monkeylegend]

TROOPER88 said:

From what he has read about the case so far he has stated I will need both a criminal lawyer and a family lawyer to see this to conclusion.

...and very deep pockets.

[TROOPER88]

Monkeylegend said:

...and very deep pockets.

Haha unfortunately this is something I don't have hence calling upon a friend for advice.

I will see what he says, maybe he can recommend someone he knows.