Could Case Be Thrown Out Of Court

[cheltman5a]

My ex has had me charged with criminal damage to a land line phone aswell as common assualt. For an arugment she started because we are not a couple that I took my daughters to a small famliy gathering and she wasnt invited too. The land line phone she hit me with as she was making a 999 call which there is a recording off her tell me to get out of our, I took off her and threw it away from her hit a wall and broke, the common assualt is for me picking up a kitchen unit door that was stopping me from leaving and passed it back to her she took hold off with both hands it and apprently broke the skin on her arms.

[New Judge]

Do you mean could it be discontinued before it reaches court? Or do you mean could you be found not guilty following a trial? The two are completely different.

The CPS has a two part test to decide whether to prosecure: (a) is there sufficient evidence to support a reasonable chance of conviction and (b) is it in the public interest to prosecute. Since you have been charged it seems that test has been satisfied.

Whether you will be convicted depends on a number of things and nobody on here could possibly say for certain.

[cheltman5a]

The cps havent thought about the fact that she planed the whole thing. Shes also been abusing me for years screwing with my head aswell as beating me. But because lm a guy thats not good enough and even in this day and age males being assualted by female partner is laughable and not believed

[EDDIE51]

New Judge , this is a duplicate post, on the other one cheltman5a has admitted he was offered a caution but did not accept it as it was too far to travel to the police station.
http://www.theanswerbank.co.uk/Law/Question1495555.html

[cheltman5a]

Wasnt offered a caution the ex told me that a caution would have happened but it a bit difficult to get to one side of the country to the other. When I spoke to the PC nothing was said about any caution. He wanted me to hand myself into the nearest police station and would have stayed there until they could get me to somerset or come and get me

[cheltman5a]

Until the they found someone or had the money to transport me to somerset

[New Judge]

Thanks, Eddie. I had not seen it. I think you have said just about all that needs to be said in reply to the other post.

If you want this to be “thrown out of court”, cheltman, you must plead not guilty and hope for an acquittal. I’ve not read your detailed post because it goes on a bit and as I said earlier, nobody here can say for sure how strong the evidence against you is and the likely verdict. What I can say is this: the CPS has examined the evidence and decided to charge you. They must think there is sufficient evidence to stand a good chance of a conviction. Further than that, it seems you would have accepted guilt by accepting the caution and only did not do so because of the travelling problems.

If you are convicted courts do not think very highly of defendants in Domestic Violence matters putting their victims through the trauma of a trial. Violence in a domestic setting considerably aggravates even minor assaults and you would do well to remember this before you enter your plea. Of course if you genuinely believe you are not guilty then enter such a plea. But I would obtain some legal advice beforehand.

[EDDIE51]

^^ excellent advice as usual NJ , thanks.