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i live in scotland me an my partner had a fight after i found out he had cheated on me it got out of control too much alcohol, the police were called he left before they arrived, i didnt actually realise i had given a statement i was very drunk and very upset, he got arrested and now we both have to go to court, how if possible can i get the charges dropped? i have written to say i cant remember much if anything that really happaned and i have phoned the fiscel to be told just say i dont remember, im now thinking should i just say i made the whole thing up to get the charges dropped or wiil that just get me into trouble too? please help
Optional Information: System of Law: Scots Already Tried: wrote a letter and phoned the fiscel to see if i could get this dropped
Hello,I will do my best to help you with this.What charges have been brought please?
its domestic abuse but that never happened, i was marked from a fall but i think they thought he had done it an i was so drunk and upset i dont know what i said to them, breach of the peace aswell i think , i just want it all dropped as i feel this is not fair for him to end up with a record
I see, thanks. It is a difficult one I am afraid. The police don't take kindly to allegations being made and then withdrawn and they could give you a really hard time if you now try to withdraw the allegations. You are going to have to be very apologetic to the police and explain how drunk you were and that you remember nothing about it all. What you do know is that he would not have hit you. You need to do this in a calm and polite way, no shouting and demanding, because the police could bring an action against you for wasting their time. John
should i go to the police and try make a new statement as he would never hit me an i am very sorry for wasting time it was terrible thing that got blown way out of poportion, would this make a difference
yes, it is likely it will make a difference. You are going to need to go to the police and explain all of this to them. They will realise that there is going to be no point going through with the prosecution because you are the only witness etc. If you manage to get them on your side, you will hopefully avoid them taking action against you. John
Experience: Solicitor and Advocate