False accusations of assault and criminal damage

[AlanKent]

An ex-tenant has made false accusations of assault and criminal damage by me. He has also made a large list of items that he said are missing and he is pointing the finger at me. The police searched my house and didn’t find any of his items. The Police have now charged me with Common Assault and Criminal Damage and bailed me for three weeks as they make further enquires. There are no witnesses to the false accusations of criminal damage, assault and he has no bruises or marks.

When he collected his items that he had packed up himself I didn’t want him to access the property, so we both agreed that I would remove all his items to the communal hallway and he would move the items to his van. The neighbour witnessed this and there were no problems except for a glass bowl that rolled out of a plastic bag and shattered. The ex-tenant lied to the police and said he witnessed me picking up the bowl and dropping it. The police are still awaiting a witness report from my neighbour that will prove I didn’t do this.

I have criminal records, all alcohol related and all more than 15 years old when I was going through a bad time in my life. I am now in my late 40’s and I am petrified of prison or a hefty fine as I am totally penniless. I cannot afford a solicitor and if it comes to court I may need to use the court duty solicitor.

I’m looking for advice. How can someone make serious false accusations like this, with no witnesses, and the defendant (me) gets arrested and charged? How bad can it all get if I cannot prove my innocence to these false accusations. It seems I’m guilty until proven innocent. I am seriously depressed and this will be the longest three weeks of my life.

Any advice please.

I've always been a worrier, and I'm trying to keep the FAITH.

[miacat]

I really really hope that the fact that this idiot has no proof and no grounds for these accusations mean that our system will come through and protect you - I have no experience and cannot offer any other advice but know that my thoughts are with you at this difficult time and i wish you all the best.

[Buenchico]

Those who've read many of my posts on this site will know that I'm not a great fan of the police but, to be fair to them, they're always faced with a difficult task when it's 'one word against another'. If they simply ignored accusations of assault (because there were no independent witnesses) they'd be heavily criticised. They, together with the Crown Prosecution Service, seem to have taken the view that it would be best to leave it up to a court to decide whether there's sufficient evidence for a successful prosecution.

However your assumption that you can't use the services of a solicitor (other than the court solicitor) is completely wrong. If, as you say, you're 'totally penniless', you're entitled to (free) legal aid in respect of any charge which might (even if only theoretically) lead to imprisonment. Phone Community Legal Advice, on 0845 345 4 345, to be put in touch with a solicitor who can represent you in court.

Chris