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criminal damage
33 Answers
Hi,
My scooter was clamped, when i showed up to the nearest police station they told me it had been reported stolen. I didn't have all documents proving i legally own it, got slightly annoyed as i didn't understand it had been reported stolen and was late for a meeting. On my way out i closed the door a bit too hard and accidentally cracked the glass window. I was arrested for criminal damage (even though it was a complete accident). They put me in custody and told me i would get a caution and would process my case in 20mn. After 2 hours in a cell they charged me with suspicion of theft of my own scooter. After the interview, the inspector decided to charge me with criminal damage (i assume his decision was based on the suspicion of theft). i am now due to appear in court shortly, i spent 4 hours in custody. i have produced the documents proving i am the legal owner and got the deal who sold it to me to send the history log to the police. This matter is still unresolved and the police is looking into into it although after seeing my documents they told me i was the legal owner and they must have been a hiccup from either the police or the dvla when it was reported stolen. I work in financial services and cannot afford a criminal record, i have no priors and am the victim of their mistake. What am i in for? what am i entitled to, should i threaten to sue and get the pnc cleared and legal costs covered as well.
My scooter was clamped, when i showed up to the nearest police station they told me it had been reported stolen. I didn't have all documents proving i legally own it, got slightly annoyed as i didn't understand it had been reported stolen and was late for a meeting. On my way out i closed the door a bit too hard and accidentally cracked the glass window. I was arrested for criminal damage (even though it was a complete accident). They put me in custody and told me i would get a caution and would process my case in 20mn. After 2 hours in a cell they charged me with suspicion of theft of my own scooter. After the interview, the inspector decided to charge me with criminal damage (i assume his decision was based on the suspicion of theft). i am now due to appear in court shortly, i spent 4 hours in custody. i have produced the documents proving i am the legal owner and got the deal who sold it to me to send the history log to the police. This matter is still unresolved and the police is looking into into it although after seeing my documents they told me i was the legal owner and they must have been a hiccup from either the police or the dvla when it was reported stolen. I work in financial services and cannot afford a criminal record, i have no priors and am the victim of their mistake. What am i in for? what am i entitled to, should i threaten to sue and get the pnc cleared and legal costs covered as well.
Answers
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1. Re the scooter, how long had you owned it prior to it being reported stolen
bought it 26/09/09 reported stolen 10/12/2009
2. Had you just bought / acquired it? I get the strong impression that the answer is "yes".
as said above bought on 26/09/09
3. Was it registered with you as the owner at DVLA by the time it was reported stolen? Yes or No?
yes
4. Have you been charged with "Theft of Motor Vehicle"? Yes or No?
no, on bail for theft of motor vehicle i have to surrender to police station on 04/0/2010
4A. Have you been charged with "Taking Without Owner's Consent"? Yes or No? OR
no
4B. Has the scooter charge been dropped? Yes or No?
not charged its being investigated, as i said i have proven i own it though
6. Have you been charged with "Criminal Damage" (to the door)? Yes or no?
yes
7. When do you have to go to Court? (date)
21/12/2009
8. Are you to appear at Magistrates Court or Crown Court?
magistrates
bought it 26/09/09 reported stolen 10/12/2009
2. Had you just bought / acquired it? I get the strong impression that the answer is "yes".
as said above bought on 26/09/09
3. Was it registered with you as the owner at DVLA by the time it was reported stolen? Yes or No?
yes
4. Have you been charged with "Theft of Motor Vehicle"? Yes or No?
no, on bail for theft of motor vehicle i have to surrender to police station on 04/0/2010
4A. Have you been charged with "Taking Without Owner's Consent"? Yes or No? OR
no
4B. Has the scooter charge been dropped? Yes or No?
not charged its being investigated, as i said i have proven i own it though
6. Have you been charged with "Criminal Damage" (to the door)? Yes or no?
yes
7. When do you have to go to Court? (date)
21/12/2009
8. Are you to appear at Magistrates Court or Crown Court?
magistrates
The police will always push a criminal damage charge through the courts.
Your chances getting off 'scot-free' is around 50% (it's purely down to the whether the magistrates on the bench believe that you were not aware that you would of caused the damage whether this being intentional or not(by this I mean that whether you closed the door hard intentionally or not; do you believe that it would of caused damage)).
Also how do the police know you broke the glass? From what you have said you offered to pay for it but did you actually admit to doing it? Did you tell them you slammed it? maybe you just pulled it to just a little hard...
As far as advice: Do not concern yourself over the scooter matter (the police will run with it and even if it does go as far as court you will be given free legal aid). You own it, theres nothing to worry about (as long as you do actually own it and hold a V5 which isn't a fraud (etc etc)). The scooter charge has absolutely nothing to do with the criminal damage and will not help your plea of not guilty in court.
Seek legal advice immediatly (this is going to cost you) unless you feel confident enough to defend yourself in court. I would not suggest mentioning your job, if you lose the case in front of a magistrates court you can take it to crown court although, if you lose your case in front of a judge at crown court he/she is well within their right to up the sentence/fine (and will most likely do so). Although this seem extreme, it's your job at stake and i would fight it to the death!
I hope this helps you somewhat.
Dizmo.
Your chances getting off 'scot-free' is around 50% (it's purely down to the whether the magistrates on the bench believe that you were not aware that you would of caused the damage whether this being intentional or not(by this I mean that whether you closed the door hard intentionally or not; do you believe that it would of caused damage)).
Also how do the police know you broke the glass? From what you have said you offered to pay for it but did you actually admit to doing it? Did you tell them you slammed it? maybe you just pulled it to just a little hard...
As far as advice: Do not concern yourself over the scooter matter (the police will run with it and even if it does go as far as court you will be given free legal aid). You own it, theres nothing to worry about (as long as you do actually own it and hold a V5 which isn't a fraud (etc etc)). The scooter charge has absolutely nothing to do with the criminal damage and will not help your plea of not guilty in court.
Seek legal advice immediatly (this is going to cost you) unless you feel confident enough to defend yourself in court. I would not suggest mentioning your job, if you lose the case in front of a magistrates court you can take it to crown court although, if you lose your case in front of a judge at crown court he/she is well within their right to up the sentence/fine (and will most likely do so). Although this seem extreme, it's your job at stake and i would fight it to the death!
I hope this helps you somewhat.
Dizmo.
and just so you know and this might be a key part of my defense according to what you say, i left the station opening the door i wasnt even aware of the cracked window its only when i walked back to the station that i saw the glass cracked, so yes i wasnt aware that i would crack the window when i closed the door
The reason I ask is because the police have charged you with criminal damage but yet they never even bothered to pursue you out of the building. Simple by your actions, walking back into the police station, you have shown that you were unaware you did anything. I am sure that your legal aid will go through this with you so you can let the proffesionals sort it out now :)
Good luck mate, I hope you get it all sorted, I hope for your sake you don't live in Chesterfield, Derbyshire (The magistrates there would have you on a murder charge lol).
Dizmo.
Good luck mate, I hope you get it all sorted, I hope for your sake you don't live in Chesterfield, Derbyshire (The magistrates there would have you on a murder charge lol).
Dizmo.
Shame they don't run the lottery on Tuesdays, although the chances of winning then are still slim.
Just incase you or anyone else is unaware of what a conditional and unconditional discharge is:
"A conditional discharge is a sentence vitiating the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given."
"An absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. It is normally passed when a defendant is being sentenced for more than one crime: after receiving a heavier sentence for his most serious crime, he may then receive no separate penalty for a more trivial crime."
"the conditional discharge does not constitute a conviction unless the individual breaches the conditional discharge and is resentenced."
Good luck and good night,
Dizmo.
Just incase you or anyone else is unaware of what a conditional and unconditional discharge is:
"A conditional discharge is a sentence vitiating the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given."
"An absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. It is normally passed when a defendant is being sentenced for more than one crime: after receiving a heavier sentence for his most serious crime, he may then receive no separate penalty for a more trivial crime."
"the conditional discharge does not constitute a conviction unless the individual breaches the conditional discharge and is resentenced."
Good luck and good night,
Dizmo.
You have to put yoourself in the shoes of the police.
A scooter is reported stolen.
Young person comes into poliestation and goes into one.
Slams door and glass is broken.
I suggest a course on anger management and how how to win friends and influence them.
Both will be handy for a career in the city.
A scooter is reported stolen.
Young person comes into poliestation and goes into one.
Slams door and glass is broken.
I suggest a course on anger management and how how to win friends and influence them.
Both will be handy for a career in the city.
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