Will the victim of common assault be present at magistrates?
Discussion
I'll keep this as simple as possible.
Had a domestic with the missus (1st and only ever time in 5 years) I grabbed phone off her, pushed her away and have been accused of grabbing her neck and letting her go.
Got arrested (didn't resist and they didn't handcuff me) and chucked in the cells overnight.
I pleaded guilty to the phone grab and push and stated I didn't grab her. The police presented evidence to the CPS who decided to take it to the magistrates.
Will she be present in court even though I have pleaded guilty?
Had a domestic with the missus (1st and only ever time in 5 years) I grabbed phone off her, pushed her away and have been accused of grabbing her neck and letting her go.
Got arrested (didn't resist and they didn't handcuff me) and chucked in the cells overnight.
I pleaded guilty to the phone grab and push and stated I didn't grab her. The police presented evidence to the CPS who decided to take it to the magistrates.
Will she be present in court even though I have pleaded guilty?
When I was charged at the police station I asked the police where's the evidence of me grabbing her, they told me they have photos of finger marks on her neck. I haven't seen these photos.
The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
anarki said:
When I was charged at the police station I asked the police where's the evidence of me grabbing her, they told me they have photos of finger marks on her neck. I haven't seen these photos.
The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
Are you not being represented?The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
Exige77 said:
Is the Mrs now the Ex-Mrs ?
I haven't been able to speak or go back to my house as I'm on bail.All contact with the children has been done via a 3rd party.
Before I decide what route to take I want to hear exactly why she's put me through this when we have kids, I've always provided, never cheated, always helped her out.
PurpleMoonlight said:
anarki said:
When I was charged at the police station I asked the police where's the evidence of me grabbing her, they told me they have photos of finger marks on her neck. I haven't seen these photos.
The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
Are you not being represented?The plot thickens as the police lost everything (statements and photos) at the time she made her statement. They had to re-attend my property 10 hours after the eledged offence took place to retake her statement and photos. Surely they can't use that as evidence as she could of done anything to herself in those 10 hours.
anarki said:
I pleaded guilty to the phone grab and push and stated I didn't grab her. The police presented evidence to the CPS who decided to take it to the magistrates.
Will she be present in court even though I have pleaded guilty?
Sorry, are you saying you have already been to court once and pleaded guilty, and now you have to go back to be sentenced and it's that hearing you are referring to?Will she be present in court even though I have pleaded guilty?
Edited by PurpleMoonlight on Saturday 2nd January 14:41
anarki said:
I pleaded guilty to the phone grab and push and stated I didn't grab her. The police presented evidence to the CPS who decided to take it to the magistrates.
Will she be present in court even though I have pleaded guilty?
Sorry, are you saying you have already been to court once and pleaded guilty, and now you have to go back to be sentenced and it's that hearing you are referring to?Will she be present in court even though I have pleaded guilty?
Edited by PurpleMoonlight on Saturday 2nd January 14:41
PurpleMoonlight said:
Are you not being represented?
Stupid old me goody two shoes refused the solicitor at the time I was been charged an stated I felt this could be dealt amicably. I have never been in trouble with the police so I didn't know the severity of what was at stake.I have sought a solicitor to represent me in court now though.
anarki said:
I haven't been able to speak or go back to my house as I'm on bail.
All contact with the children has been done via a 3rd party.
Before I decide what route to take I want to hear exactly why she's put me through this when we have kids, I've always provided, never cheated, always helped her out.
Likely to be able to exclude you from the family home.All contact with the children has been done via a 3rd party.
Before I decide what route to take I want to hear exactly why she's put me through this when we have kids, I've always provided, never cheated, always helped her out.
Mine smashed a glass over her own head as evidence of assault. I wasn't even in the house at the time. But the police believed her.
anarki said:
PurpleMoonlight said:
Sorry, are you saying you have already been to court once and pleased guilty, and now you have to go back to be sentenced and it's that hearing you are referring to?
Haven't been to court yet, I am due in court soon on my guilty plea.Ok, so you're at your first appearance. She can be there if she wants but I would really doubt she will want to be. If you elect for a trial (plead not guilty) then then she'll be there.
anarki said:
Before I decide what route to take I want to hear exactly why she's put me through this
I don't want to be 'preachy', but it may be wise to consider it's your actions that are ultimately putting you through this. PurpleMoonlight said:
anarki said:
Haven't been to court yet, I am due in court soon on my guilty plea.
DO NOT UNDER ANY CIRCUMSTANCES DO SO WITHOUT FIRST SEEKING LEGAL ADVICE.anarki said:
I have sought a solicitor to represent me in court now though.
PurpleMoonlight said:
DO NOT UNDER ANY CIRCUMSTANCES DO SO WITHOUT FIRST SEEKING LEGAL ADVICE.
My solicitor, who I sought after being questioned at the police station, said that because I have already pleaded guilty to the phone grab and push that denying the grab wouldn't matter as it's still a guilty plea.Surely if the so called evidence was taken 10 hours after I was arrested they can't take that in to consideration?
anarki said:
My solicitor, who I sought after being questioned at the police station, said that because I have already pleaded guilty to the phone grab and push that denying the grab wouldn't matter as it's still a guilty plea.
Correct me if I am wrong but this is where things are: 1) You've been arrested and interviewed.
2) You been charged from the police station to a court with bail conditions. There is no "pleading guilty" at this stage, even if you admitted the offence/s in the police interview.
3) You are awaiting the first court hearing where you will enter your 'guilty' or 'not guilty' plea.
4) What happens after that depends on if you plead 'guilty' or 'not guilty' at the first hearing.
anarki said:
Surely if the so called evidence was taken 10 hours after I was arrested they can't take that in to consideration?
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