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    axwortm's Avatar
    axwortm Posts: 5, Reputation: 1
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    #1

    Feb 23, 2011, 02:58 AM
    Court date set 18th March
    I have a court date set for the middle of March as a ex girlfriend complained about a txt I had sent her. The txt was telling her to stay away but because I put the word sl*t in the txt she had me arrested for intimidation! The police have confirmed that a report has been sent to the procurator fiscal for investigation. Surely they would ask me to stand up in court to confirm I did txt her saying this? How long does it take the procurator fiscal to decide?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 23, 2011, 04:44 AM

    ANY question on law needs to include your general locale as laws vary by area.

    I'm really surprised they are pursuing this in court. But there is no way for us to answer your question. Is this the ONLY thing she is basing the intimidation on? Seems very thin to me.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 23, 2011, 07:35 AM
    Quote Originally Posted by ScottGem View Post
    ANY question on law needs to include your general locale as laws vary by area. ...
    Scotland, apparently?

    Procurator Fiscal
    axwortm's Avatar
    axwortm Posts: 5, Reputation: 1
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    #4

    Feb 23, 2011, 10:18 AM
    Comment on ScottGem's post
    Yeh because I had the word sl*t in my text I have been given a court date. The police did say the procurator fiscal would have to look at it before it goes to court. I live in Scotland. I just wanted to know if you are given a court date if it was set and stone or if the PF can kick the case out?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Feb 23, 2011, 12:11 PM
    Quote Originally Posted by axwortm View Post
    ... I just wanted to know if you are given a court date if ... the PF can kick the case out?
    Seems pretty clear that it can.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 23, 2011, 01:36 PM

    In the US, the prosecutor (equivalent of a PF) is the one to bring a case before a judge. So a court date wouldn't be assigned until the that happens.

    But I would strongly suspect the PF will kick it back. While calling someone what you did is rude, uncouth and just nasty, I don't see how its intimidation.

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