Urgent Legal Question?

Question

I really need some help from a legal eagel. I think I am being framed. An ex of mine has reported to the police that I stole somehting from him. The only problem is he gave me the thing he said I stole, but I have a feeling all evidence will point to me, I think I am being set up by him.
I have the police interview soon, and I dont have any proof that I didn't do this in a bad manner, it'll be my word against his. I have never been in trouble with the law before. I am a good person and I loved thisd guy once, I can't believe he's being so melicious as to do this to me and it's just so awful.
Can anyone offer me some advice on the best way to deal with this? I also cannot afford a solicitor can anyone reccomend someone free in the uk?

Answer 1

Ask you local citizens advice bureau. They offer free advice on a range of issues, and there should be one in your local town. Check the internet for your neaerest one.Hope this helps.

Answer 2

Moggle and Valiant have some good points.
If I were looking at this as Police I think I'd be considering whether or not this is a civil rather than a criminal case. If it is a dispute over ownership of an item given/received then it is a civil case and not in the Police remit.
If your ex says that you stole it, ie "dishonestly appropriate with intention to permanently deprive" then Police can look at the situation.
Break down the definition of theft as I've given you. Did you dishonestly appropriate it or in laymans terms, come about it illegally? Did you have an intention to keep this or treat it as your own so as to exclude any ownership rights that the previous keeper had? This means that the previous owner had no control over it or it's use or even sale. Do you have proof that they gave it to you , for example a friend or relation that can confirm your side of the story. Did they give you other gifts of similar type or value? If so then it shows that this was not an unusual occurrance.
I take it when you say you have a Police interview soon that you are coming in as arranged with an officer as a voluntary attender? Police will offer you the right to legal representation and I advise you take it. It will not cost you any thing the first time and shouldn't cost any more if your income is below a certain threshold.
If what you say is the truth then it will not take long for Police to see that it is not a matter for them and will inform you and the person making allegations of this fact. If it then becomes a civil matter then your ex partner has the right to take you to a civil court in order to regain their property. Ths is expensive and time consuming.
My advise is to maintain that it was a gift given during your relationship with no conditions attached and you accepted it as such.
Maybe consider offering to give it back in order to put the allegation to bed. Despite what idiots on this site may spout, Police are not daft and will see your actions as being the most reasonable in the situation. As a result of this they will inevitably be on your side in this whole sorry affair.

By the way this whole "possession is 9/10s of the law" thing is total bollocks. Think about it, if a criminal has stolen goods in their possession does that mean they are entitled inlaw to them? NO!! I don't know why people have come to believe this but please please please don't, it is complete knob...

Answer 3

If the interview is at a Police Station you will be told of your rights. One of those is to have 'Free and independent legal advice, either in person on or the telephone.' there is a duty solicitor. If you want advice ask for the duty solicitor. They may take time to arrive, but don't let that stop you.
If it is at your home you can contact a solicitor, but you will be liable for any costs.
The most important thing her is you are innocent until proven guilty. You are not required to prove your innocence, the police must prove your guilt.
Don't lie, you'll get caught out. Tell the truth. The Police will gather the facts and present these to their lawyers. They will make a decision about the likelihood of winning a court case and the cost to the public of running the case.
Take your time, ask them to explain the things you don't understand and remember they have to prove the case, not you.

Answer 4

The definition of theft is 'to permanently deprive someone of their property'.

Now, you say he gave it to you therefore you are in legal possession. This will be you reason for having the goods in your possession.

He says you stole it. When did you steal it, how did you steal it. If you say he gave it to you and he is claiming this due to a breakdown in the relationship, then you may have a good case for this being a domestic tiff.

Providing you have the goods, they are in the same condition that they were when given to you, then if all else fails offer to give them back to him via the Police. After all, if you give them back then the definition of theft becomes invalid, he has his goods and you walk away, minus whatever he says you stole, but with your character unblemished.

It is up to your ex, and the police, to prove you stole the items in question, not for you to prove he gave them to you.

Also, if you are being interviewed under caution, then the police should be able to provide you with a duty solicitor. Check that this is the case before you attend. If you cannot afford a solicitor, take a trusted family member/friend as your witness.

Best of luck.

Answer 5

A heart murmur is a birth defect and is not applicable to any contact, wasn't caused by you taking him early or covered by her saying/you taking him "at your own risk". This puppy, to use terms of law, is defective. She sold you a defective product. She must give you your money back. Whether she takes the puppy back as well is up to her. If she won't give you the money back, tell her you're going to report her to the following places and, if that doesn't work, do. Call your local Attorney General Office, office of consumer protection and file a complaint against her selling sick puppies. Also report her to the local Animal control for the same. They may not be able to get you your money back, so you may have to take her to court. You don't need a lawyer for small claims court. Just get the Vet to write something up stating the animals medical condition, how it is caused (birth defect or neglect), life expectancy, whether he believes it was a healthy animal fit for sale and if it should be resold. The last part may get you your money and the puppy. This letter is for court. It must be a severe heart murmur - most people (and dogs) can live with minimal murmurs all their lives without even knowing. As for non legal terms, this is a living, feeling being. I'd see if she'll let you keep it. She'll only push it on someone else unsuspecting or put it down. The poor thing needs a life full of love and leisure as long as it's got on this earth. .

Answer 6

Hi,
I assume the offence is theft?
The definition of theft is,

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permantly depriving the other of it.

This is contrary to section 1(1) of the 1968 theft act

simply the court need to prove 5 things.
1) Dishonesty:- has its everyday meaning, did the person act in a dishonest manner? if the person had a genuine belief that the owner would have consented to the property being taken or if it were made a gift then there is no dishonesty.

2) Appropriates:- a fancy word for controls or owns, takes has in his possession etc.

3) proprerty:- again means property. Land cannot be stolen unless dug up.

4) Belonging to another:-Again simple, means just that.

50 intetion to permantly deprive the other of it. Examples of this would be destroying it, eating it, selling it, damaging it.

You need to prove all 5 points for the offence of theft to be complete.

if your boyfriend is saying you stole something all you need to do ( in front of a reliable witness or better still via a solicitors letter ) is explain that you thought it was a gift and that you are prepared to return it.

Doing this shows that you have no longer appropriated the property of another, did not act in a dishonest manor, and did not inted to permantly deprive the other of it.



.

Answer 7

Don't worry if your side of the story is correct. Just have the Police interview and give your side of the story. The Police will decide if it will go any further.

As I see it, and what you say is the correct version of the events, it would be unlikely the Police would waste public money over the case. Unless of course the item was very valuable such as a car, diamonds etc.

Answer 8

Firstly if this is true plead not guilty. You will automatically be appointed a solicitor, you will not have to pay as it is a case of theft. The onus is on him to prove beyond reasonable doubt you took it without his consent. If he has a witness to prove contary then you try to get one to back you side. As for never being in trouble this is good in your favour. Do not talk to police ask them to get a duty solicitor for you first, who will talk alone with you and advise you best. Do not be fooled into making any statement with a solicitor it is your right

Answer 9

Firstly, in law one needsto prove a crime was commited. Secondly, and when accused of a crime, such as theft, the accuser must also prove that they owned waht was stolen, by proving it.

Where neither case is proven, and bear in mind, in the latter case, possesion is 9 points of the law, and where he cannot prove ownership, thus no proof of theft, you can keep the goods and tell him to piss off.

Remeber in law, English law, you do not have to prove your innocence, whle the other party has to rove your guilt, beyond reasonable doubt.

Go in to court, or the olice questions session, and answer no to all accusations. Nothing else, just "no", thus not incriminating yourself.

They have the burden of proof, and unless you seak and admit it, they have NOTHING,and you go free.

Answer 10

If you can prove that he has supported you (if you lived together, if he paid bills or car insurance), given you money, or given you other goods (such as any sort of present or clothing) you are in a STRONG legal position....It is up to him to prove that you have taken the article without his consent.
If you say that he gave the article to you - and if it is only your word against his - there is little the police can do.

go to the Citizens advice bureau

Answer 11

The Police are not stupid and more than likely will think it is just "sour grapes" on your exs part , if you have any witnessess tell the police. The C.A.B should be able to provide you with the name of a cheap solicitor