Arrested yesterday for affray :( really worried

[gemma234]

Hiya, went out on Monday evening, ended up in a scuffle outside a kebab shop, mainly due to my own stupidity and trying, in vain, to stop my friend from being arrested. It was the first night out I have had in over 4yrs nearly 5yrs, I am a working mum of 4 small children and have never been so embarrassed and ashamed in all my life. I don't usually drink and this was the first drink I had had in maybe 2 or 3yrs. I was arrested for affray and have been bailed to attend the police station on the 10th September, I am really worrying about this as I have never been arrested and bailed before, will it go to court? Whilst I was being interviewed the police officer informed me that I had been arrested for ripping the kebab owners shirt...I have absolutely no recollection of this and apologised profusely, I am so ashamed, really am. Like I say, I was bailed to attend on the 10th September where I was told the charges would possibly be dropped to Section 5 (Drunk & Disorderly) and a fine given or if the CPS saw fit I would be given a court date to attend magistrates, I am so scared and anxious right now I don't know where to turn. I don't remember anything of that night at all and it's really worrying me. I have googled like crazy, probably not the best idea in the world, and subsequently found out that I could be facing a prison sentence...the interviewing officer told me that they were awaiting CCTV from outside the kebab shop before deciding what to do with me. Can anyone please give me some advice about this. I will be calling a solicitor today and asking advice from them too and I have written a letter of apology to the Kebab man owner and included �50 for replacing his shirt, I feel downright disgusted in myself

[andy-hughes]

I am not a lawyer, but from what you have said, it is extremely unlikely that you will go to prison for this first offence.

Far more likely is a Fixed Penalty Notice - I think they are �80.

The courts are not in the bsuiness of locking up firt-time non-typical offenders like you, and in view of your financial compensation and letter of apology, it is perfectly possible that you may rececive nothing more than a Formal Cuation.

Obviously you have learned your lesson, and if you say so in court, things will no doubt go your way, so please don;t worry.

I am sure your solicitor will confirm my view.

[Paul21455]

The best you could hope for is for the CPS to advise no further action, though that seems unlikely from what you say.

Your next best option would be to have the allegation reduced to Drunk & Disorderly, which is a much lesser offence than the Public Order matters.

I would hazard a guess that there won't be a prosecution for affray, unless it was a sustained and prolonged incident, but no-one can second guess the CPS !!

I hope it's the lesser of the options, and that you come out of it OK, but older and wiser. Good luck.

[gemma234]

Thank you all for your replies, I really appreciate them all, I am sorry for the lateness in reply, I did come on last night but my internet connection was being a pain in the wotsit and wouldn't load my reply :( Hoping this one will load.

I still feel so ashamed with myself, I haven't sent the letter or the money to the Kebab owner yet, thinking about it now it is probably best to leave it till after I have heard the outcome.

I got myself into a right mess last night over it, just playing over and over in my mind and when the kids are in bed, the housework done, theres not much else to do but think and mull things over, I have been trying to remember what happened but in all honesty I can remember being in a pub, no idea which, and then thats it, total blank.

[gemma234]

***sorry last bit got cut off as the post was a bit long***

I phoned the police station this morning and asked to speak to the arresting officer but he was off duty until the 24th August but they put me through to the interviewing officer, I explained everything as best as I could and tried to express how regretful and disgusted with myself I was, I told them it was completely out of character for myself, I then told him I had googled Affray and subsequently scared the beejeebies out of myself as all I could find were sites telling me I would be imprisioned for up to 6 months, he told me google was the worst thing to search on, he said if you have a headache and google it google tends to tell you have weeks left to live.

He did, however, explain that when I come to the police station on the 10th September, I will be shown the CCTV *Cringe* and I will be likely to be cautioned under Section 5, he said the worst I will get is a caution.


Thank god I called them, I didn't think they would tell me anything but I am so glad they did, I can start to relax a little now and just try to put it behing me although I do think the embarrassment will be with me for a long time, I honestly believe that night will be the last time I drink for a long long time if not forever, drastic, I know, but I have never ever felt so ashamed in my entire life

I just wanted to come back and thank everyone for their replies


Thank you ever so much, I am enternally grateful

Gem

[gemma234]

...evidently, I am having a hard time with spelling today so please please ignore any silly mistakes :$

Gem

[sue11]

Hi Gemma, I just wanted to add my support and I hope that all ends well for you. Your regret of your actions is commendable and speaks volumes about your character. Myself and my partner own food shops and my partner has been attacked by a member of the public (although his was in a different category, the man who attacked him went to jail). We have also had a few instances of damage to our premises by drunk customers and none of them have ever written any apologetic letters to us, so I think a letter of regret could be appreciated by the shop owner. You may though have to consider that if your scuffe was reasonably agressive, he may not wish to have any sort of contact with you. You could ask the police for their thoughts on if you should attempt a letter, bearing in mind the advice given above about it being possibly seen as blackmail. You could also suggest that if he does not want any offer of compensation from you, that he may accept a payment from you to a charity of his choice?
Best wishes
Sue

[Bjohn]

I know what a worrying experience this type of thing can be for a normally law abiding person. Be warned though that if you are offered a caution and you can refuse to accept it. This generally occurs if a person is innocent but in your case you appear to be admitting guilt. A caution in itself is an admition of guilt. A caution will also appear on your criminal record and could affect job applications and can also have implications when travelling to the USA. Bare in mind that the police may also be advised by the CPS to take no further action. You won't know until you answer bail or if the police contact you before hand - best of luck

[twiztwiz]

What happened when you went back?