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ABH Charge
Can someone help me?
I was charged with ABH and it went to Magistrates Court. I pleaded not guilty and they told me that it could be dealt with at Magistrates but my solicitor told me to ask for it to go to crown court to be heard infront of a jury.
When I got to crown court I was put on bail conditions that I have to be home every night for 10pm until my trial begins in September.
The ABH was on a girl from a nightclub I have never met before and would not regonise again. I was not aware of any fight or alteration in the nightclub. But in the fracas my friend suffered a black eye as loads of small groups started fighting each other. We aimed to get out of the club as quickly and safely as possible. When we left the club, we walked to the taxi rank waited calmly for a taxi approx 15 mins but as we was waiting i was arrested as was my friend. My friend was given NFA but I have been charged.
Both my sister and one of my friends have writtens statements supporting my version of events saying that I had no involvement in any incident in the night club. There is no CCTV to support the alleged incidcent.
I have not been in trouble with the police before and I have a very good job that I am at risk of losing if I am convicted. I work with young children for a private nursery and pre prep school in London.
Firstly, How do I explain this to my employer? I have worked at the company for just over a year.
Secondly, I keep reading that ABH holds up to 5 years in Prison.... what do you think will happen in my case?
I was charged with ABH and it went to Magistrates Court. I pleaded not guilty and they told me that it could be dealt with at Magistrates but my solicitor told me to ask for it to go to crown court to be heard infront of a jury.
When I got to crown court I was put on bail conditions that I have to be home every night for 10pm until my trial begins in September.
The ABH was on a girl from a nightclub I have never met before and would not regonise again. I was not aware of any fight or alteration in the nightclub. But in the fracas my friend suffered a black eye as loads of small groups started fighting each other. We aimed to get out of the club as quickly and safely as possible. When we left the club, we walked to the taxi rank waited calmly for a taxi approx 15 mins but as we was waiting i was arrested as was my friend. My friend was given NFA but I have been charged.
Both my sister and one of my friends have writtens statements supporting my version of events saying that I had no involvement in any incident in the night club. There is no CCTV to support the alleged incidcent.
I have not been in trouble with the police before and I have a very good job that I am at risk of losing if I am convicted. I work with young children for a private nursery and pre prep school in London.
Firstly, How do I explain this to my employer? I have worked at the company for just over a year.
Secondly, I keep reading that ABH holds up to 5 years in Prison.... what do you think will happen in my case?
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Also the court has cost me approx 5,000 and has caused me a considerable amount of stress. I am sorry about what happened at the club that night and I wish I never went there. But I had no involvement in what happened and I feel like a victim in all of this. I was supposed to be working and saving money so I could move out of my parents house and buy a place of my own but I have been saving my money for a court case that I shouldnt be part of.
I feel very let down by the Justice System and I am constantly nervous about my future.
I feel very let down by the Justice System and I am constantly nervous about my future.
Your solicitor should be abe to advise you of what will happen in your case as he/she is the one with all the facts and will act in your defence. As for your employer - just be honest and explain the situation to them.
I would suggest getting your story consistent though as the explaination above is contradictory. You say - "I was not aware of any fight or alteration in the nightclub" then you go on to say - "But in the fracas my friend suffered a black eye as loads of small groups started fighting each other". This implies that you were aware of an altercation. I would also be interested to know how the police identified you at the taxi rank when there was no cctv.
If you provide more facts then people on here will be able to help you further.
I would suggest getting your story consistent though as the explaination above is contradictory. You say - "I was not aware of any fight or alteration in the nightclub" then you go on to say - "But in the fracas my friend suffered a black eye as loads of small groups started fighting each other". This implies that you were aware of an altercation. I would also be interested to know how the police identified you at the taxi rank when there was no cctv.
If you provide more facts then people on here will be able to help you further.
-- answer removed --
In reply to Hawkwalk, When I refered to I wasnt aware of any fight or alteration in the nightclub I meant that I wasnt involved in anything. There was small groups fighting all over the club that just seemed to start from nowhere.
Both myself and my friend was arrested at the taxi rank as some guy from the nightclub had pointed to the police that we had left the club. He was later asked to attend an ID parade but never turned up.
My friend who I was arrested with was making quite alot of noise shouting that she had been hit and the police respondong very quickly. I wasnt aware that my friend had been hit and suffered a black eye until we was outside as the club was very dark. Her eye immediately inflammed and was swolen.
Also I forgot to mention, me and my friend that was arrested was wearing idenical clothing and we both have very similar blonde hair. I had organised a charity event that day for RSPCA. Pooch Play day in the Park at Parsons Green which had been a success and we had decided to go out and celebrate as it was a great success.
There is cctv covering the club but mainly only the entrance and exit. The main cctv that covers the club doesnt capture anything as many cameras where not on and the cctv recordinfg the area that relates to the incident the police are refering to, just captures other groups moving in and out of capture shot. Also when the girl (victim) is hit, the cctv only captures a white arm going up and then down on the camera with bodies making it imposiible to see who's arm it is and who is being hit by the arm. But you are unable to see if the victim is behind what seems to look like wall of people and if i am in that area at the time.
The CCTV is very poor and has time delay and my solicitor doesnt hold any use, as I havent denied not being in the club that night.
In reply to Eddie51 - If I am found not guilty, can I have the ABH removed from my CRB?
If I have ABH on my CRB does that mean I am not allowed to work at the nursery? Please explain.
I dont know how to explain this to my employer as we get along very much on a personal level and I find this situation I am in very embarrassing. It is totally out of character for me.
In the short time I have been working (just over a year) I have been promoted and my duties have been increase and I dont want this to ruin my career. Will I lose my job?
Both myself and my friend was arrested at the taxi rank as some guy from the nightclub had pointed to the police that we had left the club. He was later asked to attend an ID parade but never turned up.
My friend who I was arrested with was making quite alot of noise shouting that she had been hit and the police respondong very quickly. I wasnt aware that my friend had been hit and suffered a black eye until we was outside as the club was very dark. Her eye immediately inflammed and was swolen.
Also I forgot to mention, me and my friend that was arrested was wearing idenical clothing and we both have very similar blonde hair. I had organised a charity event that day for RSPCA. Pooch Play day in the Park at Parsons Green which had been a success and we had decided to go out and celebrate as it was a great success.
There is cctv covering the club but mainly only the entrance and exit. The main cctv that covers the club doesnt capture anything as many cameras where not on and the cctv recordinfg the area that relates to the incident the police are refering to, just captures other groups moving in and out of capture shot. Also when the girl (victim) is hit, the cctv only captures a white arm going up and then down on the camera with bodies making it imposiible to see who's arm it is and who is being hit by the arm. But you are unable to see if the victim is behind what seems to look like wall of people and if i am in that area at the time.
The CCTV is very poor and has time delay and my solicitor doesnt hold any use, as I havent denied not being in the club that night.
In reply to Eddie51 - If I am found not guilty, can I have the ABH removed from my CRB?
If I have ABH on my CRB does that mean I am not allowed to work at the nursery? Please explain.
I dont know how to explain this to my employer as we get along very much on a personal level and I find this situation I am in very embarrassing. It is totally out of character for me.
In the short time I have been working (just over a year) I have been promoted and my duties have been increase and I dont want this to ruin my career. Will I lose my job?
You need to calm down and start listening to people....
1. You need to quietly and calmly explain the situation to your employers. The longer you delay in doing so, the more suspicious it looks; and they may be able to provide you with a great deal of welcome support if they know the truth.
2. Eddie has explained about the advanced CRB check and the ABH charge will show up regardless of whether you are convicted, so you will have to learn to be 'up-front' about this.
3. If you are convicted of ABH, it is extremely unlikely that you will be able to work with children.
4. If the evidence really is as thin as you suggest, there may well be every likelihood that the matter will be dropped before it gets to CC.
But in the meantime, address points 1 & 2, first.
1. You need to quietly and calmly explain the situation to your employers. The longer you delay in doing so, the more suspicious it looks; and they may be able to provide you with a great deal of welcome support if they know the truth.
2. Eddie has explained about the advanced CRB check and the ABH charge will show up regardless of whether you are convicted, so you will have to learn to be 'up-front' about this.
3. If you are convicted of ABH, it is extremely unlikely that you will be able to work with children.
4. If the evidence really is as thin as you suggest, there may well be every likelihood that the matter will be dropped before it gets to CC.
But in the meantime, address points 1 & 2, first.
-- answer removed --
in reply to exdc.... Yes the victims two friends are witnesses. They are sisters but they have conflicting statements. Five people attended the ID parade including the victim and one person picked me out of the id parade.
Also just to note we had similar outfits on as we had been at a charity day out and both was wearing black jeans, black tops and black heels. We also both had on animal print jackets on. The only difference between our clothing was my jacket was long sleeved and her jacket was 3/4 length but had almost identical prints.
My friend received No Further Action and didn't take part in any ID parade - something my solicitor has told me was unfair.
Also just to note we had similar outfits on as we had been at a charity day out and both was wearing black jeans, black tops and black heels. We also both had on animal print jackets on. The only difference between our clothing was my jacket was long sleeved and her jacket was 3/4 length but had almost identical prints.
My friend received No Further Action and didn't take part in any ID parade - something my solicitor has told me was unfair.
Sorry Fabia, I did not really reply with anything meaningful nor did I obviously read your opening post correctly regarding the co-accused, apologies.
Without knowing the full facts and strength of the prosecution evidence it is very difficult to predict how any trial will proceed etc but you are legally represented and they will advise you accordingly. (be careful not to disclose too much info on a public forum pre-trial).
However, you were initially identified to the police as a result of a 'street ID' and later in a formal ID procedure, The prosecution case is made slightly more complex due to the similar appearance of a co-accused and the disputed ID will form a big part of your defence which in MY opinion is best heard in the Crown court.
As for sentencing, again it is difficult to predict nowadays but a custodial sentence is unlikley. Hopefully one of the regular posters here will provide an link which details the sentencing guidelines.
All the best.
Without knowing the full facts and strength of the prosecution evidence it is very difficult to predict how any trial will proceed etc but you are legally represented and they will advise you accordingly. (be careful not to disclose too much info on a public forum pre-trial).
However, you were initially identified to the police as a result of a 'street ID' and later in a formal ID procedure, The prosecution case is made slightly more complex due to the similar appearance of a co-accused and the disputed ID will form a big part of your defence which in MY opinion is best heard in the Crown court.
As for sentencing, again it is difficult to predict nowadays but a custodial sentence is unlikley. Hopefully one of the regular posters here will provide an link which details the sentencing guidelines.
All the best.
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