Legal Advice

[Kayy]

last week me and my boyfriend had an argument in which I took a step too far by telling police he had hit me, he pleaded not guilty ( as he isn't guilty) trial has been set for 2 weeks time, I am due to give a recorded statement in the next few days to amend my statement, as a trial date has been set can this be thrown out before hand? or will the trial still go ahead? I know what I did was stupid and unforgiveable please I need sensible answers so I know what could and will happen. thanks

[Kayy]

sorry I mean by the trial date he will have been on remand for 3 weeks? sorry if I put months anywhere else, he has been charged with assault by beating ? that is all I was told, I was told it was the less severe one, his solicitor who says she cant talk to me, told his mum that he is looking at getting 6 months for it, as he has previous, he was on a community order going to an anger management course, no one seems to be telling me anything but the officer in charge said she will be very surprised if he doesn't go to prison.

[EDDIE51]

i agree that he is going to prison but for 'assult by beating' he is looking at 6 months. Any sentence of under 4 years is automatically halved so he will only do 3 months. Then time on remand is taken off the sentence as well so that is another 3 weeks leaving 7 weeks to serve. Finally he will probably get 'home detention curfew' or Tag release for the last 4 weeks meaning he will be back 3 weeks after the court hearing.
In that case I can see little point in you trying to withdraw your statement as it is not going to make a diffrence either way. That must be what your solicitor was trying to say.

[Kayy]

e get time takenoff if he pleaded not guilty but is found guilty still? and a few people have told me the don't take the remand time off anymore if he pleaded guilty?

[EDDIE51]

even if he pleded not guilty but is found guilty he gets the 1/2 setence reduction.
I have not head of not getting time in remand taken off , I am sure it still applies though. It would be unfair other wise as people would serve longer than the sentence.

[Kayy]

okay thankyou for your help, so hopefully he will be out in amonth or 2, also what would happen if I just say I cant remember like my solicitor said?

[EDDIE51]

I would just tell the court you can't remember more than is on your statement.(which they wiil have). He is going to be out in 2 months or less anyway.
If he changes his plea to guilty he may even be sentenced to 'time served' which means he would be released straight after the trial.

[Kayy]

thankyou for your advice, as far as im aware he is keeping it to not guilty, just got to keep everything crossed now, as I retracted statement and dropped charges can hey still use my original statement? sorry for all the questions I just been told different things by so many people.

[EDDIE51]

Yes, they can and will use the original statement along with the retraction statement.

[EDDIE51]

Kayy read this. especially the last paragraph.
Just substitute 'he' for 'she' and atdescribes your situation exactly
http://www.theanswerbank.co.uk/Law/Question1323204.html

[EDDIE51]

Sorry last paragraph of the first answer but it all applies to you.

[Kayy]

okay is it likely I will be called as witness? and will I be able to sit In on the court case to know whats going on?

[Peter Pedant]

If you are called as a witness, you can't attend the court until you are called to give evidence ( and then, depending, you can stay on)

[EDDIE51]

There is a public gallery where you can sit , but as you have been told ONLY if you have not been called as a witness. If you are a witness you have to wait until they tell you to come into the court. There will be a special waiting room for witnesses.

[Kayy]

witness care rang me today asking me to give evidence I told them I do not want to, thy said they would inform the courts? and that I may get a summons, or they may dismiss the case, does this mean they don't have enough evidence without me? and how long it take for them to decide?

[boxtops]

If they decide to summons you, you will have no choice, you must attend.

[Kayy]

could I just turn up for the summons but then say I do not wish to give evidence against him?

[EDDIE51]

You have already been told this on here and more than once.
If you refuse to give evidence , then the court is likedly to treat you as a 'hostile witness'. This means that they assume that the reason you are refusing to speak is because you are so scared of him that you dare not speak.
With your BF already in custody on remand they are NOT going to drop the case.

[boxtops]

No, you will be summoned to give evidence, that's what it means.

[Elley]

Dv is serious police can't find robbers they go for easy pickings

[Orderlimit]

what about in the real world Elley?