i was arrested for shouting abuse at a car driver who nearly ran over my wife & i on a crossing and have been arrested for supposedly smacking the car and causing a 6" dent in the back panel with my hand!
a - no bruising !
b - cannot remember smacking the vehicle
i was unfortunately under the influence of alcahol and i am out on bail at the moment !! i have been in trouble before approx 6.5 years ago
for public disorder & criminal damage after my 1st wife left me and no she never left me for that reason!
i have a good job and remarried some good advice please??
2006-11-03 21:38:18 · 18 answers · asked by bryony700 1 in Politics & Government ➔ Law Enforcement & Police
Any damage to, or destruction of, property by vandalism, graffiti or arson is likely to be a criminal offence under the Criminal Damage Act 1971. The damage does not have to be permanent, for example, it can be caused by graffiti with a washable paint. When deciding on the sentence for an offence of causing criminal damage, the court will take account of the value of the damaged property and the trouble and expense of restoring the property or removing the graffiti.
The Criminal Damage Act 1971 creates two levels of offence, a summary offence and a more serious offence that can be tried either in the magistrates' court or in the Crown Court.
The summary offence triable only by magistrates is limited to damage to property worth less than £5000. The offender can receive a maximum 3 month prison sentence and/or a Level 4 fine. More details about fine levels can be found in the 'Other useful articles' links below.
Higher value criminal damage cases are heard either in the magistrates' court or in the Crown Court. More serious cases in the magistrates' court attract a maximum prison sentence of 6 months and a Level 5 fine. In Crown Court, the maximum penalty for criminal damage is 10 years imprisonment.
2006-11-03 21:49:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I could see it going a couple of ways. Either way you need an attorney.
If you choose to plead not guilty, were there any other witness at the time? If you can prove you didn't do it then you may be found innocent. Also are there any witnesses to the driver trying to hit you and your wife with his car? That will help your case. If you can prove the driver provoked it then the charges may be dropped. Also did the police do a blood alcohol test on the driver as well. If so that may help your case.
If you choose to plead guilty, then I would through my self on the mercy of the court. And hope for a suspended sentence and probation.
Either way you need to show you are a upstanding citizen. And work hard at a good job.
While yelling at the guy may not have been the best solution. The driver should not have tried to hit you and your wife.
Best of luck
2006-11-03 22:00:07 · answer #2 · answered by pj_gal 5 · 0⤊ 0⤋
I go with LynW on this one, where is the evidence? have they got any witnesses? Did the police actually see any of the incident? You were only drunk (not in charge of a car or bicycle, unfortunately, the police always pick on the one who is most likely in their opinion to get them a conviction, and being drunk made you an easy target. What have you been charged with Criminal Damage? Well they have to prove it was you.
If this goes to court, they cannot bring up your previous record, its a shame it was 6.5 years ago and not 7 as then that is a spent conviction, but anyway your previous record should not be used in court against you, as I understand it, look at the cases recently where juries havent been told about serial sex attackers etc.
You could really go for the lack of evidence, if its just "he said she said" with no witnesses I cannot see this going to trial. Unless of course the Accuser is a free mason, then you might be in trouble.
I hope you said no comment when they questioned you. Don't tell the police anything. As I understand whilst this is going on you cannot counter claim against the Accuser but after this has blown over, I would get the Driver done for Dangerous Driving, not stopping on a Zebra is a very serious offence, Dangerous Driving carries a jail sentence!!
So good luck, and try and I hope you get it thrown out due to lack of evidence.
Keep us posted!!
Cxxx
2006-11-04 00:12:09 · answer #3 · answered by CHARLOTTE B 3 · 0⤊ 0⤋
CONTACT the many injury lawers that advertise put a counter claim in against the car driver for the accident, when he struck your hand, ask the police if he can be charged for leaving the scene of an accident.
you were not drunk, but suffering trauma of being refused a drink in the pub, because you had taken a medication that effected your speech, put a claim in aganst the licenssee for the trauma suffered at the hands of the barmaid.
admit nothing,
get your brother in law to break an arm or a couple of fingers thats worth a couple of k.
put a claim in against the police for the trauma of being falsely imprisoned, when you are obviously innocent of all charges.
good luck LF
2006-11-03 21:52:45 · answer #4 · answered by lefang 5 · 0⤊ 0⤋
England or Scotland ? As both have different laws on this matter.....In scotland you can be charged with criminal damage court costs a fine and the cost of repairing the car. Englad i am ot sure about but would think about the same. you say you have been in trouble once before Is it not 3 stikes and your out (or in jail really )
2006-11-03 22:01:44 · answer #5 · answered by thunderchild67 4 · 0⤊ 0⤋
I think the first question I would ask is what evidence is there that it was you who put the dent in the car?
are there any witnesses? finger or hand prints?
The dent may have already been there.
Don't admit to anything. Consult a solicitor.
The burden of proof is on the prosecution. Not for you to proove you didn't do it.
Good luck.
2006-11-03 23:29:57 · answer #6 · answered by LYN W 5 · 0⤊ 0⤋
Get a good lawyer and get anger counseling (even if you dont feel you need it) before you see a judge. It will look good in court. It can be considered a violation of bail depending on the terms in your state.
2006-11-03 21:41:13 · answer #7 · answered by John T 2 · 0⤊ 0⤋
doubt if you'll got away. Just keep cool, don't lose your rag in court, or when you answer to bail, if you have bail conditions. It's very frustrating not being able to stick up for yourself, unfortunately in this day and age you can't do ANYTHING without someone 'shopping' you. Good luck.
2006-11-03 21:48:18 · answer #8 · answered by chutney 4 · 0⤊ 0⤋
Get yourself a lawyer. The best approach is to press for criminal charges against the driver, but don't try this on your own.
2006-11-03 21:41:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The only good advice I can give you is to start controlling your temper. You have to watch what you do and say to anyone anymore. People will come after you or sue you over anything.
2006-11-03 21:44:26 · answer #10 · answered by Nancy D 7 · 0⤊ 0⤋