Help with my court case

Question

I recently was charged with assault and during my initial questioning the police officer in charge forgot to ask me my side of the story during the initial questioning. I am told that I could make a formal complaint against this man so can someone else explain this to me and tell me what my rights are?

Answer 1

read about the Miranda Rights

Answer 2

you have no case.

They don't have to tell you or ask you anything.

Consult a lawyer before you go to prison.

Answer 3

Get a solicitor, don't try to handle this on your own. He will collate all your evidence and present it to the Court. Good luck

Answer 4

The police officer asks questions to establish what has happened.  Inevitably what you say will be your version anyway. You have no grounds for complaint.

There's no point in listing your "evidence" on here, we are not judging you.

Answer 5

He doesn't have to ask you for your events. He hears the complaint from whoever was assaulted, reads you your rights and then takes you down the station for a taped interview a copy of which you get. your replies to the initial questioning woulda been your version.

Answer 6

The police officer forgot nothing. It is not his job to make your defence. It was entirely up to you when you made your statement to put your side of events. After you were charged and cautioned you would then have been asked if you wished to say anything, it was all up to you. if you are not guilty, get all those witnesses to Court and the Law of Britain will take it's course. we have the fairest system in the World.

Answer 7

i was in this situation some time ago. I found myself in a police station being questioned. I found that getting on your knees and proforming a sexual act helps

Answer 8

if there is hard evidence (video, more than 2 eye witnesses, or the cop saw), then it would make nearly no difference what you did or the cop did as far as questioning....besides, cops feel they are above the law, and in that kind of senario, the judge wouldnt do anything to the cop.

if there was noone present, or you did not commit the charge against you, then your side is relavant enough to have grounds to file some kind of suit...id take this to a lawyer

Answer 9

This is not constitute legal advice

You have the right to file a complaint.

If you are making a complaint,about the person that you were charged with assaulting go to the police department and file a complaint. Anyone can file a complaint about anything, so long as you have a legitimate complaint.

There are fines and penalties associated with false filings and false filings for against another for criminal (or civil) accounts can result in penalties against the accuser.

Recommend that you get some real legal counsel for the charges filed against you. Depending on the level of the charge that is against you, it could be a serious legal matter. Assault has a variety of levels and there is a prison time associated with many of them.

It seems odd that the police officer did not ask for your side of the story. It is essential to their fact collecting and without it any case against you would be weaker.  

In most cases, you have the right to go to the police department and either amend or add to your statement, to make sure your side of the story is included....

In all honesty the less you say before you have legal counsel the better.

This does not constitute legal advice.

If you want to make the complaint against the officer, the same applies. You can file a complaint with the department. The complaint would most likely be reviewed by an internal affairs division, that has its own rules. Other complaints would need to be filed with the court.

Not sure how much of a complaint you could file in this scenario, because you didn't provide much in the way of specifics (and you really shouldn't, because this post could be used for (or against) you, however, the risks outweigh the benefits. Most attorneys will tell you the same.

Again, it is an excellent to consult an attorney.

This does not constitute legal advice.

Answer 10

If you were questioned under caution was this in the form of a statement which you signed? If so you don't have much of a leg to stand on, I'm afraid.

The officer was questioning you to establish facts to see if you had a case to answer. Obviously he thinks you had.

In court, you, or your solicitor, will have a chance to put your side of the story