Seeking legal advice desperate

[BloodOmen]

Well, things the other day went quite bad for a friend of mine.. she had so much to drink she literally could not control her actions... I'd like someone with very advanced legal knowledge to please answer this, I asure you this is in no way a joke so serious answers only pls



She was drunk and I was forced to call the police because I thought she may do harm to herself, my girlfriend agreed with the decision so we phoned the police and asked them if they could detain her while she sober'd up... however we didnt tell her so when 4 police officers showed up on our doorstep to detain her she got really worried (due to being highly intoxicated) and pulled a knife out (pls baring in mind at this point in no way did she try to harm anyone with it) she was simply waving the knife towards the door as if u were to say "Get out" swearing because she didnt know what was going on being so scared and out of control... anyway no one got hurt in anyway but it resulted in her being CS Sprayed and she got charged with the following:


Affray - Unlawful Violence - public order (3 diff charges but the police officers in charge said they would all count as 1 and she would not be charged seperately for them so its not AS bad...)

Resisting Arrest

Now, this is her first offence and shes never caused any sort/form of problem in her entire life before can someone please give me piece of mind and tell me what will likely happen to her at her court hearing? looking at the facts could you please tell me? me and my girlfriend are so worried for our dear friend #

we read up that affray alone could carry a 5 year sentence MAXIMUM pending on what happend... the 2 officers at the scene said she would most likely just receive a fine since its her first offence.



VERY big thank you in advance.

 

[georgie]

As long as she says all the right things in court, she should get no more than a fine and bound over to keep the peace I imagine. But that's just a wild uneducated guess.

 

[Nate]

Why hello there, welcome to my office. Please take a seat.

After reviewing your post I have come to the conclusion that this will more then likely be thrown out and the charges dropped, if she keeps her composure in the court room and until that time.

Please see my receptionist Boohoomat and shehe will give you your bill, yes the one in the Pink TuTu, Orange Bowler Hat, Chainsawarm, and Pegleg. Yes thats herhim

 

[Iceforge]

Does not sound like it was serious.

In no way expert in law, specially as I assume this happened in UK (as most people here are from UK and it would seem odd not to mention what country it happened in if it was somewhere else)

But what I am looking at here from your description, doesn't sound very bad.

1) She did not commit a crime before the police showed up, which should be a lessening circumstance (don't know right way to say it in English, but something that makes the judge go easier on you) if it even goes to trial

2) She did not try to charge the officers with the knife, but it sounds like she was standing still, not wanting them to come any closer. Else she would probarly have been charged with Assault, rather than Unlawful Violence.

3) It was an emotional distressed spontanious reaction, not a planned sane action. Seeing how the reason for the emtional distressed spontanious reaction was alchohol however, she might get a treathment restriction, i.e. having to go to some A.A. meetings

But as I said, not an expert in law, but those are just my thoughts based on common reason and my limited knowledge of law.

Don't know if anyone can back my up on this or possibly say why I am completely wrong, if thats the case

 

[Bahumat]

Why hello there, welcome to my office. Please take a seat.

After reviewing your post I have come to the conclusion that this will more then likely be thrown out and the charges dropped, if she keeps her composure in the court room and until that time.

Please see my receptionist Boohoomat and shehe will give you your bill, yes the one in the Pink TuTu, Orange Bowler Hat, Chainsawarm, and Pegleg. Yes thats herhim

That'll be 30 cupcakes please!

 

[old.Tohtori]

Can't give any legal advice, except that coming here for legal advice IS really desperate. Right there

Doesn't sound like too much trouble.

BUT!!!

Who the hell calls the cops on their friends, when they're simply drunk? Is this normal in the UK or...

What happened to good old "put in bed let sleep off"?

 

[Zede]

You should make her aware that YOU will be paying her fine for starters.

Calling the police was stupid - not telling her you did was well, evil.

Nothing much will happen, this "crime" is 10 a penny, no big deal.

 

[tris-]

Can't give any legal advice, except that coming here for legal advice IS really desperate. Right there

i wouldnt say that.

there is various levels of knowledgeable people here when it comes to law,. no GPs yet mind. otherwise wed have quite the little business on our hands!

really though before anyone can answer it, you should say what country youre in.

 

[old.Tohtori]

i wouldnt say that.

Yeah, i know, even get good legal/medical/etc answers here, ofcourse with the "lack of expert and legally binding knowledge", just it's a rolling joke about. You know this.

 

[Mey]

Have they told you they are going to prosecute? The way I see it the officers were using the affray as a reason to arrest her.

Also on another note, why the hell did you call the police..

 

[Tilda]

She should get free public representation, so she needs to explain what happened to her solicitor.
You and your girlfriend may need to be witnesses to explain the circumstances and to counteract any "omg she had a knife!" bits from the police.
If you haven't told her, tell her soon, so she can tell her solicitor. He/she will want to talk to you.
The chances of a 5 year prison sentance are unlikely in this case as its first offence.
Can you explain in greater detail what happened between you calling the police and her waking up in the police station? Did she open the door? Where was the knife from? Was there a stand off? Was there a struggle? How quick were the police to spray her? did they try to get her to put the knife down etc first? These are all things you need to make sure she tells her solicitor.
Did the police ask you to give witness statements?

 

[old.Tohtori]

Now, this is her first offence and shes never caused any sort/form of problem in her entire life before can someone please give me piece of mind and tell me what will likely happen to her at her court hearing? looking at the facts could you please tell me? me and my girlfriend are so worried for our dear friend #

Didn't notice this part and NO, peace of mind for that sort of thing shouldn't be given at all. I usually don't take sides and try to look at both/all angles, even go against the common census when i see there's a possibility for other reasoning, but...

It simply sounds like a real pissy thing to do to a "dear" friend, who's only problem was being drunk.(Unless she did something to advocate that call) And when there's people knocking down her door, and she doesn't know 'cause noone told her, ofcourse she's gonna defend her home.

Worst case scenario, she goes to jail for amount of time, and yes, you should feel really bad about it.

Yes i know i sound ahrsh and maybe a bit unfair, but seriously...

 

[Mey]

The more I think about it the more I think it may go to court. It kind of is in the publics interest after all, (i.e if she gets drunk again what could happen next time).

Come on Tilda 99% of free representation is bollocks.

 

[Calaen]

she sounds like a moron, I would testify against her.

 

[Aoami]

Sounds like she should be sectioned.

I do work in Employment Law though, not criminal.

 

[BloodOmen]

Thanks for the replies as for the "You shouldnt have called the police on ur friend" replies.. well you try and calm an out of control person down late at night when they're wielding scissors and a kitchen knife after just cutting ur computer wires then we'll talk.

 

[Aoami]

i repeat:

get her sectioned.

 

[old.Tohtori]

well you try and calm an out of control person down late at night when they're wielding scissors and a kitchen knife after just cutting ur computer wires then we'll talk.

First, how about next time tell that she was doing this instead of just saying "she was drunk".

Secondly, if you knew she hasn't hurt anyone and knew she wouldn't hurt anyone, except maybe hersefl, i don't think it would've been THAT easy to talk to her, but at the same time, calling the cops is overkill.

How about say "we've called the cops, put the stuff down or it'll be trouble". even if you didn't. Or just talk.

And yes, have had experience with friends picking up sharp things. Never needed violence or cops to deal with them.

And why on earth didn't you tell you've called the police, and let her think whatever she thinks when they show up?

 

[BloodOmen]

At any rate, we've spoken with her to her solicitor he simply said "Its a first offence she has nothing to worry about, at max she'll get a suspended sentence" shes calmed down now and she alone agree's with the actions we took, in her own words she said "Yes I don't even remember alot of it I was that out of control, you both did the right thing"


Not sounding bad but as I said when someone is under the influance of alcohol you simply cannot judge that person as a friend as far as actions are concerned.

Alcohol is a fuel, its a fuel for hate in the wrong circumstances and those are circumstances I was not willing to risk she could have harmed herself, my girlfriend or even me calling the police was the only rational thing I could think of.

As for not telling her - yes I admit that was wrong, but if you tell someone thats "That" drunk that you've just called the police... no matter how calmly you tell someone thats very emotional and drunk they will react on it.


And finally i'm not turning this into a flame thread, I was just stating what went on, as for not giving all the facts when I first made this thread that is because I was worried and typing as fast as I possibly could to get help as fast as I possibly could.

 

[Aoami]

Do she have a history of mental problems, because that could be either a good or bad thing.

 

[Mey]

Aoami your a typically lawyer lol!

Let us know how it goes matey, it'll be a shame if she does get a record for this but I can see it being a good possibility.

 

[Guest]

what was your "dear friend" doing with a knife in the first place......

drunk in charge of an offensive weapon great friends you have.

shew most likely just needed a good rogering and wanted you to do it whilst your gf watched, she would then have fallen asleep and woke up all refreshed smelling of poppy's on a summers morning.....


on the other hand, she got pished and stressed and did not realise you had grassed her up to the rozzers, fair enough she should not be carrying a knife but she should be ok, its the knife thats the worst bit of this, If it goesto court i doubt very much she will do any time, fuck off fine and community order (read probation) sounds about right.

 

[old.Tohtori]

And finally i'm not turning this into a flame thread, I was just stating what went on, as for not giving all the facts when I first made this thread that is because I was worried and typing as fast as I possibly could to get help as fast as I possibly could.

Yeah i don't mean to do that either, just curious and a bit perplexed at calling the cops on dear friends. As in, not "known friends", but good close ones.

 

[Lucius]

Although I appriciate the situation I don't think your friend gets much sympathy. The fact that she got drunk enough to cause so much havoc and threaten people with knives is something that should be punished.

 

[BloodOmen]

Well I won't go into full detail... lets just say there was an arguement that night that flared alot of old sparks up, she had the knife in the first place because she was slashing my computer cables to pieces (and no aomi she doesn't have a history, i'm 99.9% sure it was 100% the alcohol driving her that night not mental illness) anyway as I was saying she cut up my cables/gaming mouse some/tft screen but none of that is important I clearly stated to the police I didn't want to press charges for any damage done to the property that night.

 

[Aoami]

get her sectioned

 

[Guest]

she ws doing this in a vain effort to get you and your gf to take her upstairs and have a 3's up, its your fault you said no

 

[liloe]

... i'm 99.9% sure it was 100% ...

Quality ^^

P.S. Brooky stop behaving like a cock tyvm xD

 

[Lamp]

What the heck are you asking on here for ? You might as well ask the cat.

Go and get proper professional legal advice from a fully qualified lawyer.

 

[Huntingtons]

thats lies we all have degrees in here!