ChatterBank1 min ago
Arrested for Affray - what to expect??
Hello. I had the unfortunate nature for being arrested for affray over the weekend after a nightclub scuffle. I deeply regret being involved in the incident and have never been in trouble with the law before. I was with a friend who kept trying to gain entry to the club by pushing past the bouncers. I tried to drag him away from the door but he was just too strong and kept returning. A friend of the bouncers lunged at me and a scuffle occurred. The police were on the scene straight away and calmed the situation. Though in the police report the constable said that he tried to stop me from re-entering the scuffle and he hit me in the leg with a baton - this is unfortunate. I have been bailed and the police are going to take statements from the bouncers and check CCTV. This behaviour is certainly not in my character and I stayed around because I was concerned for my friends safety in challenging the bouncers. I am really anxious and really don't know what happens with this type of arrest and potential charges. Any advice or guidance would be appreciated.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Try to get the Section 3 Public Order (Affray) dropped to a section 5 (causing harassment/alarm/distress). Your account of events should be clear on the CCTV and you need to play on the fact that you were trying to pull your friend away.
If you get it dropped to a section 5, because you have no previous convictions, you could be offered a caution. This is kept on record but is not a conviction and is stepped down after 5 years (you dont' have to tell potential employers you have one).
To get a caution, you must accept guilt and be remorseful. But DO NOT PLEAD GUILTY unless a section five is offered. You do not want to be going to court for Affray on a guilty plea - you could end up with a conviction. Although you may have accepted responsibility in interview already??
Get a savvy lawyer and try and get a Section 5 Public Order caution.
If you get it dropped to a section 5, because you have no previous convictions, you could be offered a caution. This is kept on record but is not a conviction and is stepped down after 5 years (you dont' have to tell potential employers you have one).
To get a caution, you must accept guilt and be remorseful. But DO NOT PLEAD GUILTY unless a section five is offered. You do not want to be going to court for Affray on a guilty plea - you could end up with a conviction. Although you may have accepted responsibility in interview already??
Get a savvy lawyer and try and get a Section 5 Public Order caution.