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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64678
Experience:  Over 5 years in practice.
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Ok I have been accused of tampering with a motor vehicle. (two

Customer Question

Ok I have been accused of tampering with a motor vehicle. (two tires were let down) I denied this.

Ive been accused of death threats. I didnt do this.

Ive been accused of assault on a female. I definitely didnt do this.

All those above are my word against hers.

But what they have is my phone and 3-4 sent messages from my phone like you fat ugly beast, you better do as I say or you will regret it. Pretty much the same as that each time nothing specific. But not nice stuff either.


The witness statements will come back as nothing other than people saw us arguing about this a few times no threats nothing other than what it was over.



(I live in the UK and Ive got 2 previous convictions for criminal damage over 4 years ago)



It appears the main evidence against me are these texts. They are very vague I mean you will regret it could mean anything like I will be annoying for example. Also could I say can you prove the phone was in my possession and nothing more? The insults could be a poor sense of extreme humor too. Is it black mail?

How can I not be convicted of anything what should I say or do?
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question. I will try to help with this.

Is this a former partner by any chance?
Customer: replied 3 years ago.
Kinda but they dont know that and not partner but I accidently slept with her when drunk a long time ago! Shes a next door niebour. Thanks mate!
Expert:  Jo C. replied 3 years ago.
OK. Whats her motivation to make a false allegation?
Customer: replied 3 years ago.
She probably is upset with a hurt ego so upset, she is also a drama queen over reacting to small things, exaggerating causing drama etc
Expert:  Jo C. replied 3 years ago.

But if you slept with her a long time ago she wouldn't recently have made a false allegation, would she?

Have you really not done this? It would be helpful if you were clear with me. Sometimes women do make false allegations but not usually for no reason at all.
Customer: replied 3 years ago.
No I didn't mention that I slept with her!

I really havnt done this!

Shes just angry with me and wants me gone.

Customer: replied 3 years ago.
So will the texts count as concrete evidence?
Expert:  Jo C. replied 3 years ago.
No, but they will be admitted if they are texts from you to her or to other people.

She will give direct evidence about this and they will admit the texts to support it. Obviously it depends what the texts say but thats a matter of weight rather than admissibility. If its just general abuse then that isn't really anything you need to worry about unless they are going to bring a charge of harassment as well.

You are really going to need to explain why she would lie. Careful cross examination might get her to reveal the fact that she hates you and wants you out but, of course, you would be tried at the Magistrates Court if this is common assault and criminal damage and they are not very defence friendly on the whole.

I'm happy to discuss this but please remember to click on accept.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64678
Experience: Over 5 years in practice.
Jo C. and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Im planning on not saying anything Im not telling a story. Im just going to pick holes in the evidence against me and deny. Nothing more.

Do I have to tell a story of events in the court room because I havnt so far!?


All I plan on saying is I deny this I deny that and when they bring up the texts I will state how ambiguous they are and ask if they can prove the phone was in my possession.

I dont plan on saying anything else other than not guilty.

No one has mentioned harassment but will they convict me of harrasment when the other chrges fall through?
Customer: replied 3 years ago.
Thanks btw
Expert:  Jo C. replied 3 years ago.
Sorry, I don't understand why you wouldn't want to offer your defence?

Im happy to discuss this but please remember to press ACCEPT.
Customer: replied 3 years ago.
Does

You better do as I say or you will regret it! You fat ugly beast count as general abuse?
Expert:  Jo C. replied 3 years ago.
I think you need to ask another question now as I've answered your original question.

I will happily give you free follow up information but please remember to click on accept.
Customer: replied 3 years ago.
Whats going on I havnt pressed accept yet why has the question finished?
Expert:  Jo C. replied 3 years ago.
It hasn't finished. You can ask follow up questions for free.

Why don't you want to advance your defence?
Customer: replied 3 years ago.
I will press accept and give you the money when Im satisfied with the answer. I dont want to be pressured or tricked into paying!

I dont want to advance my defense because Im afraid they will pick holes in it and because they are alot smarter and more manipulative than me.
Expert:  Jo C. replied 3 years ago.

Well, there is that risk but if you do not they will certainly convict you unless she is hopelessly incredible and Magistrates usually find a way around that.

I think you'll find that you've accepted already.
Customer: replied 3 years ago.
OK all I need to know is if I do what ive said I will do will I be convicted. You know the text, you know the evidence you know what im gonna say. What will I be convicted of? Or will I not be?

I didnt intend to accept but I will if I dont get convicted the buttons are VERY manipulative the bright green one tricksyou over the super faded one lol
Customer: replied 3 years ago.
So what will I be convicted of?
Customer: replied 3 years ago.
Ok for a bonus if you can tell me a VERY minimal thing to say that will get me not convicted regarding the texts I will pay a bonus
Expert:  Jo C. replied 3 years ago.

If the texts are just general abuse then I cannot really see their relevance. Unless they contain admissions of some form to the offence, Im not sure why they should be introduced at all. You are not charged with harassment.

In relation to the conviction, that does depend on the evidence. Really it will come down to whether she comes to court and how she performs. If this really is a false allegation then it should be possible to challenge her in cross examination.

That said, Magistrates do convict people who should be acquitted often enough so there are always risks at the Magistrates Court.

You do need to sort a solicitor out if you haven't done so. If you haven't the court will probably appoint one to cross examine her as they won't let you do it in purpose. Thats not a good deal for you. You need one to cover the whole trial.

You don't need to leave a bonus. You can ask all these follow up questions for free. its included in the sum you've paid.
Customer: replied 3 years ago.
"If the texts are just general abuse then I cannot really see their relevance"

Thanks mate!

I told you what the text was does that count as admission to the offense? ("or else")

Since I am not charged with harassment will I be convicted of it since the texts are quite terrible!?
Expert:  Jo C. replied 3 years ago.
I suppose that they could be saying that they amount to a threat and then if she hadn't done what you said that would provide motivation for the assault.

But surely thats stuff that you could explain and anyway, I imagine she has probably been responding to these texts with similar things.
Customer: replied 3 years ago.
No its just been me sending the text but she admitted in her statement calling me a recluse banging on my door etc etc

So if I said or else is ambiguous and I meant I would no longer be her friend, I would no longer help her when theres a spider in her flat etc then tahts what I mean by she will regret it is that good enough?

Bear in mind I did call her a fat ugly beast in the same text lol
Expert:  Jo C. replied 3 years ago.

Well, is that the truthful meaning of that threat?

Was that what you meant?
Customer: replied 3 years ago.
Yes !

Expert:  Jo C. replied 3 years ago.

Then thats your answer.

The words could support what she probably says is a threat of physical violence but if you have a different explanation for that then you should offer it.
Customer: replied 3 years ago.
Im not sure if I should own up to the texts or not, if its my phone found on me but they cant prove I was in possession of it when the texts were sent is it still beyond reasonable doubt that I sent the texts?
Expert:  Jo C. replied 3 years ago.

Yes, but you cannot deny it as you did send the texts. Anyway if its your phone the Bench probably would find that you sent them.
Customer: replied 3 years ago.
So do I have to answer when they cross examine me can I not give my version of events then not justify them? Because I dont like the cross examining part! Or is that nesassary?
Expert:  Jo C. replied 3 years ago.
You can refuse to give evidence at all but then they would almost certainly convict you.
Customer: replied 3 years ago.
The texts were sent the night before and called her in the night several times. In the morning her car tires were deflated and she claimed I did that!

I must admit its a co-incidence but I dint do that I was asleep so do you think they would consider it beyond reasonable doubt that I did let them down?

Since its such a co-incidence even tho I didn't let them down!?

Expert:  Jo C. replied 3 years ago.
Is there no other evidence at all?
Customer: replied 3 years ago.
NONE AT ALL
Customer: replied 3 years ago.
Ive been done for criminal damage 4 years ago when drunk, and she claimed it was me but thats it
Expert:  Jo C. replied 3 years ago.
Sorry but I'm not prepared to help you with this any more because you've asked for a refund.

I did have some very helpful information for you but I'm not willing to give it to you now.

Opting out.

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