[JohnSmith1984]

After a night on the town, at around 2am, one of my friends, Paul, and I had an argument and it got a bit heated and some pushes were exchanged. We were both heavily intoxicated with alcohol. Another mutual friend, Matt, who hadn't been involved in the argument stepped between to de-escalate the situation. Paul and I ignored Matt and continued to argue and become more aggressive amongst ourselves.

Matt, unfortunately, had had his jaw broken just a few nights previous and when he stepped between Paul and I, my forearm accidentally knocked his jaw as I took a swing for Paul, making Matts injury more severe. Please note that I made no contact with Paul what-so-ever.

Matt is now pressing charges against me (probably for assault).

A few weeks later, the police came to my flat at about 5am in the morning and attempted to climb through my bathroom window. The police did bang on the door, but failed to identify themselves as police officers. I exited through the bedroom window and realised that I was resisting arrest - though I feel I am innocent even if not in the eyes of the law.

Since then the police have charged into my parents and friends house, calling my mother a "stupid cow" and telling my friends they will come back between 2am and 6am to kick the door through.

I have spoken to a solicitor, who has told me that because I am on license from a previous conviction for GBH (sect. 18 with intent) that I will be recalled and I am looking at 6years + IPP (though I'm not very sure what that means).

However, two days ago the Inspector from the local police station has gone to my Mothers house and stated that there is no warrant out for my arrest and that they feel the situation as not been handled well and seems to understand that Matt is chasing compensation. With this confidence I have decided to hand myself in sooner rather than later but, after this ordeal, I am not sure if I can trust the police.

Could the Inspector be lying? If so is he committing a crime by doing so?

If the inspector is telling the truth then surely they must see the only reason that I breached license conditions is because the police handled the situation wrongly in the first place?

Can I really be charged severely for an accident? With my criminal history will this mean I am immediately taken back to prison? What are the laws on license recall?

Since being out of prison I have been bettering my life, with work, a home and a steady girlfriend and feel that going back to prison for this is an injustice. I have lost support from members of my family, and my friends and feel I have no security or rights anymore. What hope do I have of being found innocent or avoiding prison?

Please can someone help.

[tickle]

Hi John Smith, you don't say what country you live in, it may make a difference for replies. Also, I get the impression there is something left out in your dialogue. I know the police are pretty aggressive at times with people they see as a danger to society,but still, I can't see them coming through bathroom windows or not identifying themselves at the door unless this was something more serious then an assault involved.

You say the local inspector visited your mother to explain and that your friend was only trying to get compensation. Compensation for what. He only had to visit a local hospital to get checked out and repaired.

I think the best course of action is for you to hand yourself in as you mentioned and get this mess cleared up. I can't see you going to prison for an assault. It wasn't like it was a deadly weapon unless you are a boxer and your hands are lethal.

[ScottGem]

From your post I assume you are in the UK, but it's a good idea, especially since local laws vary, to indicate your general location.

It should be taken as a given that all police lie. But the real issue here is that Matt is pressing assault charges against you. This may be just to get compensation for his medical bills or more, but that's a moot point.

The fact is that you know the police are after you. Therefore you should turn yourself in before they catch you. This will look at lot better on your record.

Whether the police went overboard in entering your house and bothering your friends, you can argue in front of a magistrate. But to continue to evade the police just makes things worse for you.

[tickle]

I am confused. Suggest you get a solicitor to represent you and present your case. Sorry we could not have been more help. I was flumoxed by the police coming in through the window and not identifying themselves at the door. I am not saying that doesn't happen here (in Canada), but that only happens if they have just cause to suspect a more serious crime.

[Fr_Chuck]

You are on what in the US would be called probatoin for a previous crime.

And yes it is perfectly legal for the inspector to lie, they do it all the time, to try and get someone to tell them info, or to find someone that is hiding.

If you did not answer the door, but climbed though the window please don't lie, of course you knew it was the police, who did you think it was the landlord? The only reason you would try to run out a window was because you knew it was the police come to get you.

But you call it an "accident" sorry you were trying to hit someone else, so yes that will be a crime, not a accident since someone else was hurt in the commission of another crime. Not up exactly on which or most likely several laws you have broken, the trying to attack the one person is one crime, hitting the other is another, the public drunk and /or distrubing the peace will be another.

But your biggest issue, is that they may revolk your other sentence and send you to prison for that original crime.

You are in serious, trouble and need an attorney

[ScottGem]

Comments on this postJohnSmith1984 disagrees: Argued with the question which is not helpful. All the facts there are accurate and I've not missed anything out.

JohnSmith1984 disagrees: Thank you for your advice though I was looking for more legal advice rather than moral advice. But thank you and to the person above:- sorry if my comment sounded harsh I didn't mean it to.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Second, I gave you legal advice. Turn yourself in before they catch you. You admitted to injuring Matt, you admitted to skipping out on the police, you admitted to dodging the police. All those admissions translate to turn yourself in voluntarily.

[twinkiedooter]

If you are on what we in the US call probation subject to reporting to a Probation Officer once a month and you are arrested and subsequently convicted of another crime, you will be in violation of your probation and be sent back to prison. You need to hire a solicitor.

[JohnSmith1984]

I think I must have not made the message clear. I wanted advice from a soliciter on here as I am waiting for my own. Secondly the person I swung for swung for me as well so self-defense is not a crime. And, considering that the Inspector has said there is no warrant out for my arrest, then the police had NO BUSINESS climbing through my window leading me to resist arrest and break my license agreement.

The definitaion for entrapment is that the defense would not have committed a crime unless pushed to by law enforcement. I understand that in this case it's not as direct as, hypothetically, a cop selling drugs and arresting someone for buying them.

What I was getting at is that if there is no warrant out for my arrest, then what laws have the police broken? 4 accounts of tresspassing? Threatening behaviour?

A police officer told me that whether deliberate or not if contact is made it is assault no matter how severe, so when an officer pulled my friend out of a door by the back of his kneck when there was no warrant out for my arrest (therefor they had no right to be there as there was no crime in progress)... surely that is unagrivated assault?

I agreed with my first charge and knew I had done wrong and have now paid my debt. This time I feel I have not done anything wrong and do not see why, just because some says so, that I should have at least 7 years of my freedom taken away.

[tickle]

In all due respect, johnsmith, the post by Fr Chuck, if you read his profile, is just about as close to a legal opinion as you could get.

However, solicitation in Canada and the US may differ from solicitation opinions in the UK. So put some bucks into it and hire someone where you are. If you go to court, then you will need representation anyway, right ?

[excon]

Hello John:

Lets assume you're right. What are you going to do about it? Are you going to go down to the police station and file criminal charges against the cops who came through your window? Are you going to demand to speak with their supervisor? Are you going to file a lawsuit against them?

Actually, if you think about it, you're not going to DO any of those things - unless of course, you're pretty stupid. The cops aren't fair. They aren't nice. They retaliate. If you complain about one of them, YOU will pay for it...

Never tug on Superman's cape.

excon

[ScottGem]

The definitaion for entrapment is that the defense would not have comitted a crime unless pushed to by law enforcement. ...

This time I feel I have not done anything wrong and do not see why, just because some says so, that I should have at least 7 years of my freedom taken away.

Sorry but this doesn't even come close to entrapment. The police can cover their entry into your home in a variety of ways. But even if they did violate the law, you can use that as a defense at your trial not to avoid an arrest.

I really don't know how you can feel you did nothing wrong. Whether it was self defense or assault is also a matter for a trial to decide.

[tickle]

Now we get down to the crux of the matter. This is gang related, now I see your point. I knew there was something else missing, johnsmith.

[Romefalls19]

If you have done nothing wrong as you claim, then just turn yourself in. The longer you resist going in the worse it's going to be. No one in their right mind will stand up to the police, you could have the whole house say they harassed them, all they need is the officers to say they were following proper procedure and you're screwed. Chalk it up to a lesson learned, never mix alcohol with some hot heads, leads to awful things.