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Legal issue.

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By (user no longer on site) OP   
over a year ago

Right, last year when me and my ex partner broke up and I had sent her a text message calling her a few names and stated in these words "your going to regret the day you cheated on me! I can assure you of that"

Because I wouldn't take her back she showed the messages to the police and she pleaded that she felt threatened by it when what I meant was that she wouldn't find someone who cared like I did. To cut a long story short that's classed as "domestic abuse" which is showing on my record and stopping me from getting jobs, is there any way I could maybe get around this?

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By (user no longer on site)
over a year ago

did you get charged?

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By (user no longer on site) OP   
over a year ago

Yes, first time I had been in trouble with the police, and the duty lawyer told me to plead guilty if I didn't want another night in the cells, then because the proof was there that I had sent the text message I eventually got charged but I think it's a bit harsh classing it under "domestic abuse" let alone charging me over a text message, I bet a lot of people have sent worse

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By (user no longer on site)
over a year ago

Legally no way round it, so just be honest with potential employees.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

Did she feel it was a threat? Did she have any reason to feel it was a threat?

English and Scottish law are different so not sure what you can do.

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By (user no longer on site)
over a year ago

theres probsbly not alot you can do as its fixed on record now. depends the sort of job you want.

maybe the solicitor should have pointed this out too.

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By *entaur_UKMan
over a year ago

Cannock


"Yes, first time I had been in trouble with the police, and the duty lawyer told me to plead guilty if I didn't want another night in the cells, then because the proof was there that I had sent the text message I eventually got charged but I think it's a bit harsh classing it under "domestic abuse" let alone charging me over a text message, I bet a lot of people have sent worse "

Have you had advice from a solicitor and can you appeal against the conviction?

If you can't afford a solicitor you could try citizens advice and tell them it is affecting your work emloyment situation.

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By (user no longer on site)
over a year ago

My ex has done a damn sight more than send me one stroppy text in the 14 months since he off hooked, ive been threatened in my own home by him and his gf and harrassed. All on police log but theyve not arrested him (and he's got previous). Unfair for you fella. And when he left his parting shot was "youve no idea how much ill make you fucking pay for this".

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By (user no longer on site) OP   
over a year ago

She was being spiteful at the fact I wouldn't forgive her.

As far as having a reason to, not atall, biggest argument we ever hard resulted in a plastic fork being chucked at me lol!

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By (user no longer on site)
over a year ago


"My ex has done a damn sight more than send me one stroppy text in the 14 months since he off hooked, ive been threatened in my own home by him and his gf and harrassed. All on police log but theyve not arrested him (and he's got previous). Unfair for you fella. And when he left his parting shot was "youve no idea how much ill make you fucking pay for this"."

not good

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By (user no longer on site) OP   
over a year ago

Seems as you've had it a lot worse than most let alone one lousy text

I certainly hope justice comes too him sooner than later before things potentially could get out if hand, stay safe!!

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By *itSamCouple
over a year ago

Birmingham

Did you do a straight forward guilty plea or was it a plea bargain.

A guilty plea would be yes I sent it and meant it as a threat.

A guilty plea bargain would be, yes I sent the text but it was not meant in a threatening way. It was taken out of context.

------

EG... (Nothing to do with you but example)

Police come to your house as they have had a report you have a stolen car in your garage. You open your garage doors shocked to see a car is there that is not yours. Someone had hid it there. You can not say you are guilty as you did not do it, however you can not say you are not guilty to having a stolen car in your garage as the thing is sitting there looking at you saying "Hi I Am A Car". So a plea bargain would be.... yes the car is on my property but I did not put it there. The problem then is you still get a guilty mark on your record having stolen property if the person who put it there is not found. You are the only suspect. They screw you.

It is a difficult situation to be in.

If you plead innocent and they find you guilty (even if you are innocent), you get a worst outcome. If you plead guilty you get a better outcome then pleading innocent and being found guilty.

CATCH 22....

Difficult one to sort out.

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By (user no longer on site) OP   
over a year ago

I pleaded guilty at first opportunity without really knowing what was going on, it was my first ever incident with the police and was told "if you don't want another night in here, plead guilty and I can get you bail" so I did so, I went back up too court and hadn't broken bail but because I was only asked if I had sent the text message I stuck to my plea of guilty and my ex stuck with she felt threatened by it

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By *edangel_2013Woman
over a year ago

southend

What sort of jobs are you applying for?

I work with guys that have done a hell of a lot worse then you and they are still getting jobs.

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By (user no longer on site)
over a year ago

If you want to work where a CRB check is required, change your carrear you will never get a job with domestic abuse on your record if its just security clearance then declare it and explain it you should be ok.

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By *ittle_brat_evie!!Woman
over a year ago

evesham

I thought most employers were bound by the rehabilitation of convicted criminals act or something? I know some jobs are exempt but others have to give you a fair Crack.

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By (user no longer on site)
over a year ago

Only way round it is to lodge an appeal. That being said, because you plead guilty, you've technically admitted the wrongdoing in the eyes of the court and they may not accept the appeal.

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By (user no longer on site)
over a year ago

Scottish law so of limited help, but, I'm guessing this happened at least a month ago? If so you are likely to be out of time for any appeal, therefore an application to lodge out of time will have to be served.

As you were represented, its going to be very difficult as the default position of any court will be that you were advised appropriately, although i accept entirely that this is often not the case.

You can appeal even after a guilty plea, however in your case, its not necessarily the intention behind the message, its how it was interpreted by the receiver. problem also arises with the offence of threats to kill, things are often said in the heat of the moment, and not always meant, but its how the other person felt having heard, seen, read etc

CRB checks will pick it up unfortunately, Rehabilitation of Offenders Act is of limited use with violent offences.

Some convictions/cautions shouldn't be disclosed on a CRB check dependent on time elapsed, see R (on the application of T) - Supreme Court authority of this year.

its a messy situation, and as i say above of limited use as you and your ex are in scotland.

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By (user no longer on site)
over a year ago


"Right, last year when me and my ex partner broke up and I had sent her a text message calling her a few names and stated in these words "your going to regret the day you cheated on me! I can assure you of that"

Because I wouldn't take her back she showed the messages to the police and she pleaded that she felt threatened by it when what I meant was that she wouldn't find someone who cared like I did. To cut a long story short that's classed as "domestic abuse" which is showing on my record and stopping me from getting jobs, is there any way I could maybe get around this? "

What kind of jobs are you being stopped from getting? Maybe join the building game as no questions asked.

In future think how you word your txs

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By (user no longer on site)
over a year ago

just be honest when they ask - cant really do much more i guess unless you can appeal some way as being overly harsh - sounds like judge made an example of you with the new laws about domestic abuse

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By (user no longer on site)
over a year ago

The duty solicitor you had doesn't appear to have been a good one and although the proof was there, everything is down to perception. If you had your day in court im sure you would have explained the circumstances as you have in this forum.

On future application declare it as they aren't to discriminate on convicts getting employment to, i think its in the Equality Act 2010. There is also programmes or advice for people who have served a sentence in prison and working. For clarity contact your local probation service for further advice. You will get a job i know this as know of people who have criminal records for drug trafficking, fraud and gbh with intent all who have jobs and professional roles.

Dont let this be a hinderance for you and go for what you want. You will achieve it.

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By (user no longer on site)
over a year ago

Probably not the best advice given by the duty but maybe a good lesson in 'actions and consequence'. Ex was a lawyer and was very black and white with her views. Feel sorry for the position it has put you in but maybe best to learn how to react or.....not react!!

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By (user no longer on site)
over a year ago


"just be honest when they ask - cant really do much more i guess unless you can appeal some way as being overly harsh - sounds like judge made an example of you with the new laws about domestic abuse "
mr.....

Something similar happend to me , basically a teen went for me when I was d*unk I put up hands and the police were called!! Judge made an example of me couldn't go home for 3 weeks until next court date.... I've never seen inside a police van/car let alone a cell... First time anything for me

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By *irtyGirlWoman
over a year ago

Edinburgh

The duty solicitor is a disgrace, I'd be tempted to report him/her to The Law Society. Sending a stroppy text message does not constitute domestic abuse.

I would be up front about it when applying for a job but I'd also go and see a reputable criminal lawyer and get some advice. If you're not working, you'll be entitled to legal aid if they think you can appeal it. However, given you pled guilty, I suspect you won't have that option.

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By (user no longer on site)
over a year ago


"The duty solicitor is a disgrace, I'd be tempted to report him/her to The Law Society. Sending a stroppy text message does not constitute domestic abuse.

I would be up front about it when applying for a job but I'd also go and see a reputable criminal lawyer and get some advice. If you're not working, you'll be entitled to legal aid if they think you can appeal it. However, given you pled guilty, I suspect you won't have that option. "

It wasn't a stroppy text message though, it was a threat , big difference I'm afraid

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By *irtyGirlWoman
over a year ago

Edinburgh


"The duty solicitor is a disgrace, I'd be tempted to report him/her to The Law Society. Sending a stroppy text message does not constitute domestic abuse.

I would be up front about it when applying for a job but I'd also go and see a reputable criminal lawyer and get some advice. If you're not working, you'll be entitled to legal aid if they think you can appeal it. However, given you pled guilty, I suspect you won't have that option.

It wasn't a stroppy text message though, it was a threat , big difference I'm afraid "

It's all about context.

I don't think the duty solicitor did their job properly. To suggest a client plead guilty to a serious charge just to avoid another night in the cells is irresponsible.

A threat via text message in the heat of the moment, again to me, does not prove domestic abuse. There are always three sides to a story though and the information here is limited.

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By *ubbysgirlCouple
over a year ago

romford

It is very hard to appeal to a conviction you pled guilty to.

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By (user no longer on site)
over a year ago

I suppose it's the differences between Scottish and English law, seems harsh and a unfair penalty to pay but it's a case it us what it is fella

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By *cottybhoyMan
over a year ago

falkirk


"Right, last year when me and my ex partner broke up and I had sent her a text message calling her a few names and stated in these words "your going to regret the day you cheated on me! I can assure you of that"

Because I wouldn't take her back she showed the messages to the police and she pleaded that she felt threatened by it when what I meant was that she wouldn't find someone who cared like I did. To cut a long story short that's classed as "domestic abuse" which is showing on my record and stopping me from getting jobs, is there any way I could maybe get around this? "

To me it appears that you appeared in court charged with a breach of the peace (or an offence under the telecommunications act) with what is known as a domestic aggravation.

In Scotland there is no such offence as domestic abuse.

If your ex was sufficiently alarmed by your text(s) then you could have been convicted after trial if you had pled not guilty.

But, there could be an argument that you received defective legal representation. It is highly unlikely you would have been remanded in custody pending trial and you could argue you were coerced into pleading guilty through fear.

There is a Scottish Case known as Anderson that could help.

But you would need to get legal representation and take this to the High Court. It could be very costly and, at the end of the day, you could still be convicted.

In Scotland I would always go to trial.

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By (user no longer on site)
over a year ago


"Right, last year when me and my ex partner broke up and I had sent her a text message calling her a few names and stated in these words "your going to regret the day you cheated on me! I can assure you of that""

Out of interest what names did you call her? I'm struggling to comprehend that just those words in a text would lead to a charge let alone a conviction.

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