Arrested after taking legal advice

Dimey

This Ex sounds a nasty piece of work. You don't want this situation to bring him back into your life.

I'd take legal advice from a solicitor every step of the way. Ask whether it would be a good idea to parcel up all your Ex's belongings, including presents to you and the boys & daughter and take them to the police team who are investigating you for theft. Get them to sign a receipt for them.

That way you'll have returned everything and the police have witnessed it. That clears the problem for the future.

Just wait and see whether the police press the theft charges and do whatever your solicitor says. You have a good defence.

I understand your grievance about the police not prosecuting your Ex after he stole your passport. But it's in the past. You decided not to pursue the abuse stuff. If you bring it back up now, it opens you up to this Ex sticking his nose in your life again. Maybe that's what he's been watching and waiting for.

Speak to a solicitor and keep away from this Ex. He sounds unhinged.

elaine373

What a delightful person he sounds. NOT!
I would be surprised if this even gets to court. Try to keep calm and make sure you have good legal advice.

rpc

anniefoss wrote: »

I didn't have legal representation on arrest, on reflection maybe if I had I wouldn't have spent 10 hours in a cell.

Do not speak to the police on this matter any more without legal representation present.

Nobody who is under caution should ever speak to the police without exercising their right to a solicitor (even just the duty solicitor).

System

anniefoss wrote: »

Anyway, my daughter sent an email to a company asking for a price for a puppet head (he was a collector of tv stuff). The company put out the email to their collectors and my ex was one of them. To cut a long story short, both my daughter and myself were arrested on Friday (in front of my two crying sons) and carted off to the police station.

I doubt anything will come of this, but it sounds like he's already got his revenge, and he's done so in a very calculating way.

If someone is arrested do they still have the right to have a solicitor present, or would you have to pay for it yourself now? What happens if the Police don't offer you the option of having a solicitor present?

pinkshoes

As the house is not his, and you wrote several times giving him ample opportunity to collect his stuff, then you have done nothing wrong.

The legal advice was correct and th police were just following up a report of theft. I would be looking to drop your ex in it for waisting police time!

In your first post you already stated you didn't want to take the boys through court so this is why nothing was done about the abuse.

Print out the emails showing you repeatedly asked your ex to pick up his stuff. This should be enough to clear you.

BitterAndTwisted

Being arrested and questioned is a million miles away from being charged with an offense.

I would be very surprised indeed if anything came of this. The police have enough on their hands without getting involved in a petty, private dispute about someone's abandoned junk, and I think there is absolutely no chance the CPS would decide there was a criminal case to prosecute here.

The ex is a vengeful nut-job, that is true. I'd be watching my back for more of the same nonsense from him if I were you

browneyedbazzi

As others have said, being arrested and questioned about an offence is quite different to being charged/convicted. If the details in the OP are all accurate, I think it's pretty unlikely that you will be charged and even less likely that you'll be convicted. The police received an allegation that they have to follow up - the most expedient way to do this was to arrest and question the alleged offenders which is what they've done.

As for brining up things that happened four years ago and asking why nothing was done then - your own post makes it sound as though the local police officer spoke to you about the prospect of taking action against your ex and that you agreed not to proceed. Four years on is way too late to change your mind and want them to take action.

anniefoss

Thanks for all your comments, you are a kind bunch! I can't fault the police, they were very good to me. I saw them more than once hold back a giggle when they heard I had been arrested for stealing a puppet head! It all seems rather odd, 4 police officers to arrest my daughter (she sent an email to an auction house) and hold her for 16 hours. I could hear her singing the 'Star Spangled Banner' in an adjoining cell. she has a lovely voice!
As for the abuse, my 12 year old has spoken to the police about it and they were off to arrest his abuser.

Just_Plain_Jane

anniefoss wrote: »

I could hear her singing the 'Star Spangled Banner' in an adjoining cell.

This made me smile. At least your daughter was able to keep her spirits up. What a dreadful ordeal for you all.

Ultimately the police will decide what happens next, but from what you've said, it's obvious you thought you were doing the right thing. He's been gone a considerable length of time and you have repeatedly asked him to collect his things. It sounds like it may be a civil matter, which would be up to him to pursue, if he has the time, the inclination and the funds. Do come back and let us know the outcome.

FBaby

Being arrested and questioned is a million miles away from being charged with an offense.

It is still a very unpleasant experience for someone who believed she done everything to avoid exactly that situation.

I do feel for you OP. Good on you for not blaming the police for the incident. Your ex does sound like a nasty piece of work. This clearly involved some planning.