Wednesday, July 28, 2010

Should I seek legal advice due to a drunken incident I was involved in at the weekend? I was arrested but I?

dont know if I'm being charged. I got into an argument in a pub when I left to go home the guy was outside and I head-butted him (I'm not proud of it) I was then wrestled to the ground by him %26amp; 2 others. I didnt struggle or make any attempt to fight back at this point but whilst I was held down he tried to gouge my left eye out then punched and kick me a few times in the head (two black eyes) before the police arrived. At which point I was arrested and held until the next morning. I have heard through people that know him he has no intentions of pressing charges against me. Does this mean I should not expect an assualt charge but instead a lesser charge like breach of the peace? I was going to wait before I consulted a lawyer but should I do that now? I'm 31 and have no previous convictions so I'm not familiar with things like this ... thanksShould I seek legal advice due to a drunken incident I was involved in at the weekend? I was arrested but I?
I'm a serving police officer and my advice is:





If you were bailed to return to the police station then the investigation is ongoing.


If you were not given a date to return then you were lucky, you've got off this time and should learn from it.


It's not actually down to the victim to ';Press Charges'; the CPS decide whether you will be charged or not. The victim could give a statement and want you charged, but unless the CPS agree you won't be charged.


If you have been bailed then if the victim gives a statement, in all liklihood you'll be charged with assault, if he doesn't give one, you should be fine because there is no proof that he didn't invite you to nut him.


It's likely that because of your injuries the police have decided to take No Further Action.


My advice is call up the station, tell them who you are and ask them what the score is.Should I seek legal advice due to a drunken incident I was involved in at the weekend? I was arrested but I?
If you didn't see a Judge before you release the next day, you were not charged of anything. I've been in your shoes once myself, but more importantly, this stuff happens all the time. If the guy you got into a scuffle with is not going to press charges, then don't worry about it. I live in Houston Tx, and when there's a fight between 2 people who have no intent in settling things legally, they'll just throw you in the drunk tank to sleep it off. If no charges are filed, then you might just get hit with a P.I. (public intoxocation) which is a small mistaminor and no fine (time served for the night in jail) Hope this helps
Well you should have discharge papers and that will tell you what you were charged with. Also you can call the arresting officer and find out your crime. Otherwise wait until you get your court date in the mail.
I hope you told the cops of the assault that you received at the hands of the other three. Cross complaints should have been filed that night.





Most likely the complaint will be dropped, but I would not count on it.





Check with an attorney some one a friend would recommend.
the police will let you know if your going to be charged so wait until then before you pay out for a lawyer
i presume from your comments that you have be interviewed and bailed or released pending enquiries. The cps will decide if there is enough evidence to make a case and if he will not press charges it is unlikely. dont waste money on a lawyer untill the old bill come back to you and then a duty solicitor would be able to deal with this one. stick with the i was defending myself line.
i would`nt worry too much if i were you,i don`t know much about the legalities of these things.although i`m a hairdresser working in a barber shop and here stories like this every saturday morning,from lads who have just been let out avin been locked up all nite and they always get away with it in the end,just chill and don`t drink so much jungle juice next time you go out x
I think you should consult with an attorney. No sense taking a chance on getting hurt through ignorance.
YES GET HELP


YOU WILL NEED IT
You are guilty of assault, a Glasgow handshake is a bit brutal.


His friends were right to hold you til police arrived, but your victim went over the top and assaulted you, he was not defending himself, so he is as guilty as you are. I hope you were photographed with your injuries just to prove it. If he signs a statement he wants to charge you, you should do the same, but I think he will ignore it, because he got his revenge. Have you been bailed to return to the Police Station? You must be charged with B of the P at the time.
It sounds like you should be pressing charges against him as he attacked you, not defended himself. Do you have photographic evidence of your injuries? I wouldn't consult a lawyer until you hear if the police are going to take things further. (Although most law firms will give you a half hour free consultation)
hard as it sounds waiting is the best policy. if you are charged or even asked back for further questioning then is the time to speak to a solicitor
If you have not been cautioned and charged, the police may be making further enquiries. Wait, save your money, until you receive a Copy of the Complaint or summons. That will state the charge against you and your first court diet. That is the time to seek legal advice. Give the solicitor as much time as possible to precognose the witnesses.
I'm sorry but you are very vague. If you've been arrested as you say you would of been released on Police bail to return to the Police station at a later date, but you make no mention of this, why not?


Are you bailed back to a Police station or not?


If so you might be charged once the police have taken all the statement and the CPS have reviewed the case, but you haven't even said whether you were interviewed or not, Were you?


You would normally have an interview before being released.





Not enough info here, some of which I find surprising you've left out .
might be a good idea to call an attorney and explain the situation to him/her just so you are aware of what could possibly take place.

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