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ARRESTED FOR ALEGED ABH charge

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needadvice12 | 07:59 Mon 11th Jun 2012 | Criminal
22 Answers
Hello everyone, and thank you in advance for any advice given

i was arrested and bailed by the cps on an assault charge that i never committed

the alleged victim states he was attacked at 4.00pm

however i was at home on msn. last log was at 3.57.40 seconds
there would of been noway of getting to the persons home in 2 minutes and 20 seconds.


it would take a healthy person around 6 minutes to walk there

i have proof i was badly sick before and after that date.. i had to go to the doctors emergency time slots because i was feeling so ill
and i was also at home working( im a live in carer )

time line:

1: 4.00pm victim alleges was attacked
2: 3.50pm i typed on msn. im going to clean employers bedroom
3: 3.57.40pm i typed to girlfriend" do you see my messages? "
4: 4.25pm girlfriend responed, she was at work at the time
5: 4.26pm i responded back saying hi
6: the rest of the log shows she was having problems with msn on here phone. data plan was playing up
7: the rest of the day was spent finishing employers bedroom and talking to girlfriend on msn
8: i was sick through out this time, have the proof



So my question is, if an aleged victim says 4.00pm, it better be 4.00pm on the DOT?

they cant change the goal post and change the time even to suit their version can they?
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Anybody could have been using your computer!
How can you prove it was you on MSN?

The time given is not 'on the dot' as assault victims don't tend to look at their watches as they are being assaulted. It would be an approximate time.
It does not have to be 4pm exactly, it is just a statement the police would have asked what time it happened. Few people would know the exact time of a particular incident.
If you dispute the allergation , you need to tell the police that it was not you and that you will be pleading not guilty. I assume you have done this already ?
Just because you have been charged does not mean the case will go to court.Get a solicitor !
Question Author
thank you so much ladys and gentlemen for your speedy response.
im taken back by how fast you kind people have responded
SO THANK YOU...


i havent been charged..

iv been bailed till the 27th next month, police sent the case to the CPS and that was the response

1: yes its clear it was me on msn. i talk to here allday everyday, without fail
i mean if you look at the msn daily messages anyone can see its me , we talk for like 9 HOURS IN TOTAL A DAY

2: only me and employer has keys to the apartment. he is 72 years old

3: i have proof i was seriously sick during , before, and after that date

4: i was at work, im a LIVE-CARER. i even state im cleaning my employers bedroom, THEN i ask my girlfriend a question, that's all minutes before 4.00pm... it would be silly to ask a question, and not wait for a response, since the question i ask was one of concern


i think what makes it seem like me, is because i have left the guy bad messages on his phone machine

because sometimes he would phone me and ask me to come over
and when i do travel from afar, sometimes MILES, he would pretend he isnt in, because he hasa drink problem and heavy drug user


I DO NOT DRINK OR DO DRUGS, more than happy to take a drug test if asked, i even stated that to the police, thats not an issue for me at all
I'm sorry but how do you do the caring of your 72 year old when you are on MSN for nine hours a day?
Question Author
sorry everyone

forgot to say: if its around 4.00pm then it could of been 3.50pm lets say or just after 4.oopm lets say around 4.10 or 4.15pm lets say?

If so then the earlier time, i was on msn at 3.57.40pm and IF later than 4.00pm, then i was on msn responding to girlfriend at 4.26pm
the rest of the time i was at home working,

this person lives about 6 minutes walk for a healthy person,. thats if you take the shortcut through an estate that is known for gun crime 3 murders and lots of robberys in the last year, WHICH i never walk through there because of that

like i said i was sick with breathing problems due to illness so for an sick person it would take alot longer to walk there. there is noway of getting there assault someone and get back in time to message my partner

i wasnt fit or healthy and i was at work and on msn

the illness i had was tonsillitis, symptoms are aching body,headaches, fever
thats how ill i was, to the point i had to goto emergency doctors for it

thank you guys and girls you all been wonderful and i thank you for your responses

right now im about to goto the doctors to get my doctors records and then get a solicitor and show them what evidence i have


wish me luck, i really did NOT do this at all

this person when drunk becomes very vindictive. i have tryed for years to help him recover and stop his drining and drug use but everytime he takes offence to it and thinks im attacking him

iv given up on him now to be honest, this is going to far
The police are fairly well trained in spotting Bull. So if he's lying it won't take them long to realise this...

Like Tilly said though...how can you care for someone and be on msn 9 hours a day?
Question Author
Tilly2
Mark as Best Answer
I'm sorry but how do you do the caring of your 72 year old when you are on MSN for nine hours a day


IM A LIVE IN CARER. im here 24/7 my hours are flexable due to living here

my employer is not an invalid he goes to work, he does not like to be unemployed and likes to feel active, hence why he took a job thats more relaxed

i clean the house and goto docors visits with him, and make sure the apartment is as grem free as can be due to his immunde system is damaged from having a lung condition which causes him to get sick often..

SORRY what i meant is in total daily i talk around 9 hours daily. thats including a 24 hours period

i am not constantly on msn, there are gaps of a few hours at a time
my girlfriend is in USA, I AM IN UK..
to make long distance work, both of us have to put alot of time and effort, which means i stay up very late daily, i do it because of LOVE

she is 5 hours behind

hope that answers your question

thank you so much

wow i had no idea so many people would be kind enough to respond
-- answer removed --
I think that you are worrying too much. You have not been charged and with the situation as you say , there is a high chance that the CPS will not decide to prosecute.
What were the injuries to the victim by the way ?, I am NOT saying you did it, it is just that the more serious the injury the more chance that the case will go to court. Also the injury determines the possible level of sentence if you were found guilty . Again I am not saying you did it , just want to find our what level of offence is being alleged.
Question Author
Hi Eddie

thank you for your response

went to see a solicitor earlier, funny cause he told me the same thing almost word for word.


TO answer your question, i was not told what injury's he claims to have had, if i was told, then i dont think i heard that in the interview

also my solicitor asked me if they had shown me any pictures of the guy injurd, i said NO, They never showed me or didnt have any

he said they would of shown you if they had pictures


Yes i am worried cause this isnt who i am, so its feels like a nasty attack on my person by an obsessed vindictive man who has gone to far

if worse comes to worse, what would happen, i have no criminal record at all never have..

Another thing, why would the cps bail someone for so long? dont they know its creates stress of people who are not guilty of a crime?

also when arrested i only spent around 5 minutes in a cell and i was at the station for 9 hours

i have very bad claustrophobia and anxiety, my breathing was getting so bad and feeling faint and vomiting, and the PC new that and still questioned me, never asking if im in a fit state of mind or in need of a doctor
can you say why the alleged victim is saying it is you?
My last answer has been removed ! is that what your solicitor told you 'almost word for word' ? seems we are not allowed to criticize the methods our police force use to secure a conviction. The same situation has been previously reported on AB many times and it has happened to people I personally know.
The name for the process I described earlier is ' Plea bargaining' it is official policy in certain situations, but some of our 'Boys in Blue' take it to extremes ! Make sure you have your solicior with you if you are called to a further interview !
Question Author
im not a 100% sure, but if im to guess by the fact iv known him for years and years

he is an alcohlic and smokes pot daily
i dont do any of that at all
after many years of knwoing him, i started to worry about his health, and didnt wanna turn my back on him, so i used to tell him to stop cause its causing you to go down hill

at first i was just saying it calmly, then as the months went by i started to ask him to come to teh gym and train, then later on i started to get angry with him, thinking that would work

because most of the time day and night he drinks and smokes, he is very vindictive when drunk and remembers those things and starts to get angry and shout alot
there were times when he was drunk he would try and be pyhiscal with me because i would shout at him to stop. Somehow he took those moments as though i was attacking him

there were time when he got phsyical and i had to be physical with him and pin him down so he could calm down.. for years and years when he is drunk he would say things like, you f-ING C__T attacking me.
also on one occasion i had to call the police because i found out he was giving kids drugs. I dont know the kids and if they were from the area
but i told him in an aggressive manner to stop that crap, or i would calll the cops cause i dont stand for that

He would just laugh, so i told the police, but they didn't wanna hear it
so i put warning letters around the neighbors homes for them to watch out, that he was giving drugs to kids
i think he has always had that hatred in his mind for me because of those times

i stopped talking to him for a long time, but because i bump into him alot in the area, one day he seemed fine and wasnt drinking, so i spoke to him and he seemed to understand that was wrong... i thought you changed
so i kept staying friends with him... but that didnt last long

he just started drinking and taking drugs even more. and his behaviour went back to the start again, been very vindictive and angry and always bringing old things up again

anyway, to make this shorter, to be vindictive with me he would call me on my cell and ask me to come around, when i did he would look out the window, close it back and pretend he wasnt in

so i called him a couple of times and left a voice mail saying things like" dont f-ing make me waste my time coming to your home and not answering or letting me in.. dont make me waste my money traveling here for this, or i will punch you up if i ever see you

to be honest with you, i think thats the thing he wanted to hear so he could claim i hit him one day and pull out all the voice mails


but like i say, who knows why, im not him, so i can only go by what i think it is

police asked me do you think he was drunk when he made this claim
I said why ask me, your the one who interviewed him


thats all realy

have a good evening, im about to eat
Question Author
EDDIE

yes he said that word for word, infact a part of me for a split second thought you were him lol

he is coming with me on bail day, im going to just let him talk
A very long story... Sorry got bored at para three
Question Author
nosha lol

yeah it was, sorry, im not good at making things short, i always think an extra word will make things more clearer

abit of humor for those who were kind enough to respond, to lighten the mood and then get back to serious issues


who are these cps guys and girls? and why are they not on my facebook ? lol
My mysteriously missing answers have been put back.
Just do as you say and take the solicitor with you, let us know how you get on. I still think there is a very high chance the CPS will not go ahead with this case.
Bit early to talk about plea bargaining! You haven't been charged. The matter is now for the CPS for a decision on whether and on what to charge. The CPS won't have any charge laid unless they think there's a realistic chance of conviction on it, bearing in mind that the standard of proof is so high; beyond reasonable doubt; and the burden of proving any charge rests on the prosecution. But you need your solicitor, or solicitor's representative, present at any interview now (if any, but that's very unlikely) , and your solicitor to advise you.

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