my daughter has been charged with the offence, she is a good girl shy and quiet, it was domestic problems and she is under the doctors for depression. she has since tried to kill herself twice and is so scared. the victim has retracted his statement but the cps are still going ahead with the charges against my daughter.
2006-10-24 22:45:06 · 16 answers · asked by princess 1 in Politics & Government ➔ Law Enforcement & Police
my daughter has never been in trouble before she is 20yrs old, herboyfriend is an alcoholic, she stabbed him three times, causing him to have three stiches,he was strangling her at the time do you think she will go to prison
2006-10-24 23:07:26 · update #1
all the circumstances will be taken into account by the court ...but the incident was obviously serious and it is not for the police to be judge and jury ...therefore although i understand your feelings and concerns it must be right for the a court to decide ......
2006-10-24 22:55:01 · answer #1 · answered by bluebottle 6 · 0⤊ 0⤋
When a person is charged the case is put to the Crown Prosecution Service (if you live in England and Wales). Once the CPS have the case your daughter will have to attend a magistrates court for a first hearing. Depending on the charge the case will then be adjourned. If the charge is a section 47, 18 or 20 assault these are all Crown Court charges. The case will be listed in the Crown Court in front of a Judge and your daughter will have to enter a plea, guilty or not guilty. If she plea's guilty the case will be adjurned for sentence. The sentence will be roughly two weeks later and this is where Probation speak to her and prepare a report. The judge will read this and look at her previous convictions and decide an appropriate sentence. There are many sentencing options open to the judge, there s a suspended sentence where for that period she has to behave, any trouble and you serve the original sentence. For example 12 months custody suspended for 2 years. There is also comunity Rehabilitation (courses), Community Punishment Orders (unpaid work) or cusody.
If your daughter pleas not guilty the CPS will run a trial calling witnesses. This will be in front of a judge an with a jury. Evn though the victim has made a withdrawal statement the CPS can stilll summons he or she. If the witness is not credible due to previous convictions, drink or drugs the CPS may not use him and work from other evidence for example, medical evidence.
If the charge is a common assault, known as section 39 assault this is often heard in the Magistrates Court. The set up is different, you do not have a Judge, there are 3 magistrates. All 3 hear the evidence and decide whats best. Magisrates have limited sentencing powers, for example a fine, community rehab or unpaid work but they can only imprison someone for 6 months.
Best of luck.
2006-10-25 10:31:18 · answer #2 · answered by Star 2 · 0⤊ 0⤋
probably wont go to prison, could get dropped due to the retraction of bf's statement.
however if not the retraction will go some way to reducing any sentence. This is a domestic violence case and they are now taken as a priority in this country and are often prosecuted regardless if the victim wants it to press charges, (this is due to the traditionally high levels of DV cases that are lost because the victim doesn't want to give evidence etc when they are clearly still at risk from the other person).
For your daughters sake get her away from the alcholic having a partner in this situation will not aid her mental wellbeing,
2006-10-26 14:56:30 · answer #3 · answered by alx n 2 · 0⤊ 0⤋
If a crime has been committed than the police are right to charge and prosecute the person responsible. It is unusual for them to go ahead after the victim has retracted his statement.
What will happen next. Well it depends where you are, how old your daughter is, has she been in trouble before.
The courts will take her mental health into account and make allowances for her.
2006-10-25 05:55:58 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If you daughter may end up in court over this issue, I would suggest that you be careful about discussing the situation. Talk to a Lawyer and/or a Mental Health Counselor. They are both bound by law to protect their client (with few exceptions). People who are in a supporting role, need support as well - be careful not to let yourself get burned out.
2006-10-25 06:01:58 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I think they have to go ahead with the prosecution once it's been reported to the prosecutors office but she should walk free providing a knife or a similar instrument wasn't used , more so if the victim has withdrawn his statement ... good luck ... if she really is a good girl suffering from depression.
2006-10-25 06:06:58 · answer #6 · answered by richiesown 4 · 0⤊ 0⤋
How old is she? The law has a different view dependant on age and mental state. If she's young, is on medication for depression or can prove domestic issues then they should be lenient
2006-10-25 05:47:32 · answer #7 · answered by lataliano 3 · 0⤊ 0⤋
if she can prove that it was self defence, he will be the one going to prison, however through experiance (of my mother) once you are with an alcoholic and he continues to beat you he scares you into loving him, if your daughter goes back to him for anythiing even to pick up her things she should not be alone, he will trick her into loving him and once again she will be hurt, ask her how she stabed him?
If she was holding the intrument as if she was buttering bread and she thrust it towards him from her stomach then any good laywer can put this towards natural self defence.
if she held it as if she was going to dig it into somthing, i.e if the sharp end of the instrument is facing down whil holding her hand above her head, unfortunatly this will pass as manslaughter.
if she feels threatedned and scared and continues to try and kill herself then you have to recomfot her, be there for her and tell her that you will protect her, if she is sucsessful with sucide then he will be the one to get the final win. PLEASE GIVE MY KINDEST REGARDS TO YOUR DAUGHTER, I WILL HOPE THAT SHE IS NOT CHARGED.
2006-10-25 06:15:10 · answer #8 · answered by inkthebrain 2 · 1⤊ 0⤋
The police have to prosecute unfortunately, however the court and the jury will ultimately decide what he fate should be.
The fact that she did it defending herself (if it is the case) and the "victim" has withdrawn his complaint should count in her favour.
Without wanting to give you false hope, I can't see this going too far, certainly not years and years in jail.
2006-10-25 10:05:14 · answer #9 · answered by badshotcop 3 · 0⤊ 0⤋
Depends on the severity of the crime but a suspended sentence, if it's the first offence.
2006-10-25 05:48:44 · answer #10 · answered by Anonymous · 0⤊ 0⤋