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I reported a domestic dispute and despite there being an…

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I reported a domestic dispute...
I reported a domestic dispute and despite there being an argument, I stated my partner grabbed me when he didn’t. He was then charged with assault. I called while he was in custody to recant my statement but they told me I couldn’t as he’d been charged already. If I make a statement to say that I made the allegation due to anger and alcohol and sign a statement to say nothing happened, is it up to the police to charge me with wasting police time or is that up to the procurator fiscal?. Once I sign my statement, if it’s the police who charge me would they hold me to go to court the following morning or would they let me go and I would just receive a charge letter by mail from the PF. Once I am charged do I have to appear at court or could I plead guilty by letter and would the outcome likely be a fine. Would you advise taking my solicitor to change my statement or do I not need him. I’ve never been in trouble with the police.
Submitted: 7 months ago.Category: Scots Law
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Customer reply replied 7 months ago
He was also charged with a breach of peace as he had thrown my belongings outside his front door. I assume I cannot dispute that in any way as the police seen all the items outside.
Answered in 3 hours by:
12/29/2017
Lawyer: JGM, Solicitor replied 7 months ago
JGM
JGM, Solicitor
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Customer reply replied 7 months ago
Ok what if I don’t say it was a lie but my statement was taken when I was drunk. He didn’t assault me, he should not be charged with assault. There is no witnesses, no injuries, no proof other than my word. I called regarding the breach and that was fine but I was drunk and said he had grabbed me a few nights before so wanted them to come quick cos I panicked in all honesty. The police then called me back about 2am when I was out of a drunken sleep and asked me about that incident where I proceeded to say utter nonsense as I was still drunk so it’s turned out to be a complete one sided story when we did have an argument a few nights before but it was myself who instigated it and all he done was grab me by the arm to get me out the house. I’ve said he grabbed my throat, I have no idea why I said it. Bot***** *****ne it was a drunken statement which I called first thing in the morning to recant, they said I couldn’t, I said it wasn’t the full truth and they said too late. Can I contact the PF to say all this before it gets to court?. I won’t agree to a statement that is not the full truth so what would happen in this case.
Customer reply replied 7 months ago
Surely a statement should only be taken from someone when they’re sober. Yes I’ve signed it but surely it’s not under a sober mind so how can I be fully aware of what I’ve said etc
Customer reply replied 7 months ago
Sorry just realised that sounded like I’m making that up, my statement actually was taken when I was very drunk and what I’ve said isn’t true due to that
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