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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7612
Experience:  28 years as a practising solicitor.
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hi I was talking to a friend a couple of months ago outside

Resolved Question:

hi I was talking to a friend a couple of months ago outside a pub in perthshire when i was approached by an officer and told to F@#K off ,I told him that i had every right to speak to my friend and he couldn't talk to me like that,he was then cheeky to me again, i told him he wouldn't be talking like that if he was on camera ,As i was about to leave He arrested me by dropping me to the ground and putting hand cuffs on me, I left willingly with the officer as I had done no wrong and I shouted to my wife to film the incident. The police entered the cell at 3 am and told me i had been arrested for drunk and disorderly and resisting arrest,I did not accept the charges and was released at 7am i was not issued with a crime sheet, I have just received a letter through the door to attend sheriff court to be charged under 381 of criminal justice and licencing scotland act 2010 and section 901a,902a contrary to police and fire reform scotland act 2012.where do i stand on this and what should i expect ? the police statement is completely inaccurate,they have me down as shouting and swearing and acting in a threatening manner.I was sober and only went to the pub to walk my wife home,I was there with four friends who witnessed the incident from start to finish.
sorry for rattling on but never been charged before and quite nervous about the whole procedure thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

Please give me the exact working of the complaint you have received from the PF.
Customer: replied 1 year ago.

on this date on this street you name did behave in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm in that you did repeatedly shout and swear.


contrary to section 38(1) of the criminal justice and licencing(scotland) act 2010


 


on this date on this street you name did,resist obstruct or hinder these 2 police constables the police service of scotland then in the execution of there duty and did struggle violently in an attempt to prevent them from placing handcuffs on you


contrary to the police and fire reform (scotland)act 2012,section 90 (1)(a) and section 90(2)a


 


I was only talking to one police man on his own , i was not told i was going to be arrested he knocked me down from behind as i turned to walk, the other officers only came along once i was taken,I used no threatening language and did not resist in anyway, what should i do ?

Expert:  JGM replied 1 year ago.
This is ridiculous when you did nothing wrong.

As I understand the position you have witnesses in support of your position. Plead not guilty and go to trial. Get a good criminal lawyer.

At the same time intimate a claim against Police Scotland for their abisive treatment of you.

Happy to discuss further, but in the meantime please leave a positive feedback so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7612
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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