her ex came round the other night and snashed my car up, he was arrested and admitted the crime, he is now being charged with criminal damage and i have asked my insurance company to press charges for the cost to put the car right to be made by him (so i dont loose my no claims)
the morning after he was discharged he txt my girlsfreind (who is a witness ) who didnt reply and tried to ring her 3 times,
is he breaking his bail?
she has a kid to him and is sorting him out to drop the kid off with his mum every fortnight rather than drop the kid off with him she is going to press for a injunction against him and is having to move house, as you can imagine this is very stressfull for us both and kids
my girl has got things peacfull now and is on good terms with his mum who has assured us he wont contact her again but we dont know if we should report his violation of his bail to the police, it would mean him being put in a cell till the trial and might cause a bit of trouble with his family and freinds giving us grief, if we dont ive bin told it can count as us witholding evidence and we want to get the justice we deserve
what should we do :) thx for any adviceI need some legal advice about a criminal contacting a witness?
Until his first court appearance he will be on what is called 47/3 bail (police bail).
You need to know what those conditions are. Generally they are along the lines of not to contact directly or indirectly Mr Bloggs and Mrs Bloggs or it may state ANY prosecution witness'
Further conditions are that he may not be able to enter an area or within a certain distance of an address etc.
Because of the child issue, there may be a condition that through a 3rd party/solicitor etc contact may be made for access.
You need to contact the police and find out the exact bail conditions to decide whether or not he is in breach.
One question is....did your girlfriend give a witness statement???I need some legal advice about a criminal contacting a witness?
If he has bail conditions to not interfere or communicate with the prosecution witnesses (you and your girlfriend assuming you both gave witness statements) then he could be breaching his bail conditions. He can be arrested for this.
It could also be seen as witness intimidation, depending on what he's actually done, also an arrestable offence.
If he was specificly told not to have any contact with you or her by a judge or the bail bondsman then eys i would report it espically sence he decided to be an A%% hole and smash up your car.
It's only violating his bail if they specifically said he's not supposed to have contact with her or you.
Take the stress away and put him behind bars.
Please please please: his predicament is NOT your problem!!
REPORT this !!!!
SS
I see your concern, but remember that he has a ready made defense because all he has to say is wanted to talk to her about the children. Tampering with a witness involves ';actual'; contact with the witness and then threatening, or trying to coerce the witness in any manner to alter their testimony. He never actually made contact so there is not offense. Now the conditions of the Bail could read ';attempt to contact';, but that is doubtful. The fact that it has apparently been handled by his family should suffice at this time. You are not withholding evidence, because what he tried to do would have been a separate offense and not the one you are testifying to. I would let it ride for now, but if he actually contacts either of you, and you are intimidated in any way, contact the police asap.
You must report it and you would be with holding evidence you have if your wanting to get the justice you do deserve then you must follow rules.
Rich is more impotent to spare the family and friends trouble and given you grief. You need to think of your self's.
Let me ask you this when this guy did what he did to her car do you think he give any thought to what he was doing ?
That guy caused her to move after what he did he needs to be put in a cell . I want to tell you something because you see I have been there like what you have just gone through just because she is in good terms with this guy's mom doesn't mean anything ! it will be a matter of time before something else happens bad again and it won't be to her car.Please for what it's wroth do not be sucked in by his mom. If she care's anything for her child .
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