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Old 15 February 2006, 12:56 PM
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RS Grant
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Default Legal Advice

Ok.. I'm needing some advice here!!

Basically, at New Year.. Me and a couple of friends went to a wee village where another friend lives above a pub, perfect.

Anyway, had a good time in the pub.... everyone was suitably pissed come 1am and decided to move to my friends party. About 10 people came up with us and within 25-30 mins a few younger lads (c17yrs old) that I'd never seen before that night started to get a bit out of control, loud, shouting, abusive.

Me and a friend asked them to leave as they were ignoring the host when they asked them to go.. this actually ended up with us pushing them out into the hallway and escorting them down the stairs. As my (noticeable) car was sitting across the road from the pub on the corner I decided to stay at the front door to make sure they disappeared up to their house rather than over to my car.... so my friends stayed down and we started to resume our pissed chat. Even 2 of the younger lads were standing there chatting to us, agreeing that the 2 "ring-leaders" were out of order and too pissed. We found out that one of them had actually been sick all over a table in the pub before we left...

Then the two ring leaders came down the road again with the aim of getting back into the Party..

The host flew out the door and pushed them away back up the road with a girl from the party telling them to "F*ck off.." "Go home..." etc etc.. but they turned on them so me and my other friend went up to stop them doing anything violent. As we were on our way up, my friend grabbed one of them and I grabbed the other one (one that had been sick in pub) before he was away to hit the girl!!

However, in my slightly sozzled state, I stumbled over the kerb whilst holding onto this guy.. and fell on top of him. Kind of knocking myself a bit for 6 my friends helped me off him.... but he'd done something to his knee during the fall and was clearly in pain.

We walked back to the front door then waited & watched as an Ambulance arrived and took him away.

I've since been told that he was in theatre for 2hrs that night and that everyone that was there has been questioned by the Police.. I was away in Rome for the last 6 days, and returned to find that the Police had been at my door saying that I was going to be taken away to the "regional" Police Station that covers the wee village where this happened.. where I would be interviewed and VIDEO'd about an Assault on Jan 1st!!

I am leaving for Australia on March 9th and will be extremely angry if this alters that.. because a lot of the trip is built from this date with numerous things having been organised and jobs arranged etc.

The problem is that the village is "very local" and everyone knows everyone else.. and I'm scared that the family of this lad have had a word and arranged some witnesses of their own to back up their claim.

- Is this normal practice, to Video interviews now??
- Does this sound like they want an informal chat??
- Should I take a Lawyer with me?? I dont want to look like I've got something to hide, but I also dont want to go in unprotected?!
- Is so, then do any of the Dundee/Fife peeps have any numbers for legal representation??
- Whats the punishment for this??

Ferkin nightmare this, just as I was happy that all loose ends had been tied up before I left too.. I'm very very worried now!!


Cheers,
Grant

Last edited by RS Grant; 15 February 2006 at 07:38 PM.
Old 15 February 2006, 01:02 PM
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The Zohan
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Hi Grant

I would also ask this over on the 5-0 board

http://www.5ive-o.org/forum/index.php
Old 15 February 2006, 01:15 PM
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RS Grant
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Thanks Paul... Now posted over on 5-0.

Would still appreciate some input from the members on here too though!!

Forgot to put in that the local police are apparently coming down at 3pm tomorrow to get me...


Cheers,
Grant
Old 15 February 2006, 01:44 PM
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sti-04!!
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Hide its the only way


Oh an answer my thread in other marques if you can find it on the 330d conv
Old 15 February 2006, 01:49 PM
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Phil
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Always have legal representation if the interview is to be "formal" especially if there is a chance you "may" have done something

I would also not post up Toooo many details on a public forum that could be possibly used against you

HTH


Phil
Old 15 February 2006, 02:31 PM
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2000TLondon
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Yeah, as far fetched as it may sound, I'd remove all names from your post mate, as for a start if anyone stumbled across them, they know your story already!

A mate of mine is in similar mess after getting in to a ruck with two mini-cab drivers, one of whom had a length of chain as a weapon, and my mate got nicked for sparking one in self defence. He's waiting for it to pan out, but unlikely to come to much.

In your case, I would speak to a lawyer ASAP, get views from several in your area, most will give a free consultation, but get on it NOW as you don't want to end up being unhappy with your solicitor!!! Also, it may be better to surrender yourself, turn up tomorrow at the nick with your solicitor and tell them you have heard something about this. Obviously solicitor will advise you further, but remember everything you do will either hinder or help your case (if the police deem you have a case to answer, which they most likely will not, hopefully!)

Don't panic though, people were drunk, (although surely you hadn't drunk anywhere near your quoata and felt reasonably clear headed, just a little merry!) the lad had been ejected from a party and was using threatening behaviour, you had no itention of hurting him, just of protecting your lady friend, and the fact that he fell over and pulled you down with him was merely a bad luck accident. And you're very sorry for his pain, but it wasn't your fault!

And obvioulsy he's a w@nker for going to the police if the story runs as you've said. Every small village / town has these so called hard lads......

Time is of the essence IMO! Good luck and keep us updated!

EDITED TO SAY don't worry about the video aspect, as all formal interviews have some form of recording equipment, so it doesn't mean they think you are Hannibal Lector, but again, check with the legal rep first!

Last edited by 2000TLondon; 15 February 2006 at 02:42 PM.
Old 15 February 2006, 02:54 PM
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Spoon
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Originally Posted by RS Grant
I've since been told that he was in theatre for 2hrs that night
Full of pop, I doubt he was in theatre that night.
Old 15 February 2006, 04:13 PM
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video interviews are being introduced across most larger stations now, will be in most stations over the next few years..
Old 15 February 2006, 07:35 PM
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RS Grant
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Thankyou very much for the info guys.. (Facts edited)

I called into the local Sub-Station this afternoon to talk to the guy that came to the door looking for me.

He said that what will happen is that they are going to interview me and if they think that there is enough evidence then they will charge me with it tomorrow..

BUT

He said that I wouldnt be allowed a Solicitor with me, I could contact one and let them know of my position, but that they couldnt be with me personally.

Whats the chances of this messing up my trip/jobs and everything I've arranged in Australia, I leave on March 9th and returning the same time in 2007.

sti-04, I'm on my way over to have a wee look for it now.


Cheers,
Grant
Old 15 February 2006, 07:50 PM
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don't know much about scottish law, you will have to look it up..

down here you always have the right to a solicitor, even if that means stopping an interview mid-point and restarting when your solicitor shows up..

if they have enough evidence for a charge then they will do that, however depending on the severity of the injuries to the IP, you may be looking at a caution.. (presuming this is your first offence)

good luck..
Old 15 February 2006, 08:04 PM
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Default Advice RE Interview

The police will want to interview you after caution make contact with them ASAP gather a list of your witnesses and when attending you are allowed a brief i would bring one. The interviews are all recorded I would not worry about it as none of your actions were intended to cause injury.This is normal procedure.

THEY CANNOT PREVENT YOUR SOLICITOR ATTENDING IT IS YOUR LEGAL RIGHT UNDER THE POLICE AND CRIMINAL EVIDENCE ACT

TRUST ME I KNOW I DO THIS FOR A LIVING.

REGARDS

Last edited by mm20515; 15 February 2006 at 08:09 PM.
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