will they be charged?

Question

if you've been arrested for the first time ever for criminal damage which you have admitted to but it wasnt deliberate as you was scared for your life and now your on bail would you still get charged?

Answer 1

It depends on how much criminal damage was caused, if you do get charged you will most likely only get a fine so try not to worry about it too much, as they have not charged you straight away they are consulting the CPS to see if it is worth taking you to court and lets hope that the CPS say no and let you off completely or with a caution. Good luck hope everything works out OK

Answer 2

From what you say, it sound like you are on police bail and that charges have not be formally preferred against you. If so, you will have a return date to attend the police station. In England, it is not the police that make the decision to prosecute you, it is the Crown Prosecution Service. They will decide if you are charged and go to court or not.

You have, in fact, confessed, however it appears that you were under duress at the time of the alleged crime and that you did not intend to commit the crime. The 'mens rea' or intention is an important aspect of a criminal trial.

Criminal damage is what is described as a triable either way offence. This depends on the value of the damage and that value will determine if you are tried in a magistrates court or a crown court. The second court involves juries / wigs / gowns / the whole shooting match.

However, if you are a minor, you may go to a youth court. You really should take legal advice as your question lacks information on which to base a full answer. Moreover, you mention nothing of the evidence against you apart from your confession.

Your lawyer will be able to assess all the evidence, including your own, and properly advise you. Get a lawyer.

Answer 3

The responses you have recieved vary but I have to assume the following: you were arrested and taken to a police station, you were offered legal advice by a solicitor or their representative - did you accept this offer or decline it? This is all covered under code C of the police and criminal evidence act. At any time in custody you can opt to have a solicitor, either your own (one known to you already) or one from the duty solicitor service, which operates nationwide and is free.

You have not stated what bail you are on, the law gives the police the following options when bailing suspects for offences: bail called 34/5 which is where you are bailed to a police station pending further enquiries, where the police are continuing an investigation and have to consider how long your detention has been and whether the offence you have committed warrants your further detention and bail called 37/7 which is where the polce have charged you and bailed you from the police station for you to attend court for your hearing.

If you are on 34/5, you may well be asked to reattend the station to have further interviews - this is quite normal, you still have the option to ask for a solicitor during any interview and if you are unsure - you should take this oppotunity.

If you are on 37/7 you should attend court and speak to the court usher - asking to see the duty solicitor. Again, this is free, all paid for by the government. The duty solicitor will make a brief examination of your case and may advise you acordingly. They can be present at your hearing and will speak for you if requested.

What was the value of the damage caused that you admitted to?

Generally for minor damage (Under £300.00) you would have been issued with a PND - a fixed penalty notice for £80.00. This is dependant on the amount of damage and the views of the victim would also have to be taken into account. The issue of the ticket may be on the street or at the station, it all depends on the outcome of the investigation and the value of the damage.

If you go to court, speak to the duty solicitor - its what they are there for. As this is your first offence, you may well recieve a warning and a fine, again, this depends on the value of the damage.

if your unsure or want to talk further - email me - quickly.

Answer 4

Hi Cheeky, well it looks as though the individuals concerned have been released on police bail pending further investigation. If there is no case to answer or insufficient evidence to gain a conviction then the police will let them know. I would assume that the arrest was on suspicion of criminal damage.

If there is a case to answer the police will either arrest them again or do it when they have surrendered to police bail if a date to return to the police station has been given. They will then be formally charged with the offence.

Remember it is not if they did it or not , but if the Crown Prosecution Service think a conviction can be secured, and if it is in the public interest to bring the matter before the courts.

It is down to the CPS now not the police.

You may get off with a caution.

Hope this clarifies the position a little.

Answer 5

Most of those who have answered may have got their wires crossed.
You do NOT have to be charged for any offence to be placed on Bail and it seems by your question you have been given Police Bail to appear at the police station at a later date.
The reason for this is for the Police to make further enquires in relation to the Criminal Damage, a lot will depend on the owner of the property you have admitted damaging.
When you turn up at the police station at a later date you will be either charged or ,if it was your first Offence which you have admitted,Cautioned and told to pay for the damage,as I have said it all depends on the owner,your attitude and your remorse.
But I would consider seeing a Solicitor for advice.

Answer 6

Yes there are two sorts of bail, the so called police bail when you're out whilst the police and CPS decide IF to charge you and then bail after charge to the Court. There are some defences to a charge of damage if, and by what little you say it sounds a big if I have to say, if you thought the person would have consented e.g. breaking down someones door on the honest belief that someone was trapped inside and needed urgent help, smashing a car window on a hot day to rescue a dog cooking inside it, or 'duress' that is a bit like the bank manager with his wife and kids held hostage who breaks into his own safe to save his family. Search your heart, if you're guilty then salvage some respect and pay up.

Answer 7

If you caused the criminal damage whilst trying to get to a place of safety, then I would think that if you tell the whole story, it would be VERY unfair to charge you.

You obviously need legal advice and any witnesses who can confirm that you were scared for your life - being chased or whatever - it is difficult to answer these questions with so little information.

Even if you do get charged, it is up to the court to decide if you are guilty and if your evidence is compelling enough and properly presented, you may not be found guilty.

Answer 8

it really depends on the mentality of the crown prosecution service examining the case. They don't actually usually care whether it was intentional or not, they simply look at the prospect of conviction. If they think they can make a case against you then they will. They should however offer you the option to admit the allegation and take a fixed penalty, however you will then have a criminal record. Talk to a solicitor and see whether it is worth going to court to argue that it was not intentional. You have a reasonable chance provided you show that you are regretful and willing to rectify the damage.

Answer 9

do you mean you are awaiting a further date to return to police station? In which case you have not been charged yet. Or you have a court date? In which case you have been charged. If you have admitted causing the damage it is highly likely that you will be charged or, depending on the amount of damage, you may be formally cautioned depending on the reasons you did what you did.

Answer 10

As you are on bail it simply means that enquiries are on going as there are two types of bail, police bail, as explained above and court bail, which means you have been charged and you have been in court and have been relased on court bail.

If what your saying about your case is correct you would be best off speaking to the OIC (officer in case / officer in charge) in order to explain what happened etc etc, as I'm sure you have already done this in your statement, your only real option is to wait and see.

Argue it in court, if needs be.