About Eric Frank Expertise Ex police detective with 15 years recent experience in the criminal law. Can assist with questions as to how it affects victims and persons suspected of crime. Can also assist as to whether a criminal prosecution is the best or most effective method to pursue. Experienced in Criminal court procedure.
Please note: 99% of the questions I am asked result in the same answer: GET A LAWYER. Trust me on this, if I was in danger of losing my liberty, I would not be looking for advice on the internet, I would GET A LAWYER!
Expert: Eric Frank Date: 3/17/2001 Subject: re : moblile phone harassement in uk
Question i dont know whether or not i have come to the right place for advice ,but i will briefly describe my current situation; my girlfriend finished with me for another guy 3 months ago, i then whilst drunk sent her text msg on her mobile phone [not threating life] ,she has now filed a complaint against me for harassment , & im due to be questioned by the police in one weeks time [uk].i suffer with depression & have done for ten years & her breaking up with me kinnda pushed me over the edge, i now bitterely regret it, i also have a drink problem -which hasnt helped !as i ocasionally get black outs when i dont know what im doing or saying- but, i am due for a detox program in exactly one months time.
i would just like any ideas from you re: what information i should foward to my lawyer for my defence , also would my depression be an elligable defence for me in a court of law + what would be the sentance if found guilty .i am bitterely regretfull & never been in trouble with the law before !
i thank you , please help
ps .. if im at the wrong site please could you direct me to the approprite site [ uk ..or whatever ?] ps ,id like to add that my ex girlfriend works for the CROWN PROSECUTION SERVICE !-in admin' but has a lot of lawer friends there !
Answer Sorry for the delay in getting back to you, but my computer has been down for some time.
To answer your question, being drunk or depressed is no defence in criminal proceedings, however it may be mitigation in the event of either being found guilty or pleading guilty.
If you have a lawyer, tell him/her the TRUTH, they cannot help you if you do not give them the full story. Listen to your lawyer, and follow his/her advice, if they tell you to answer police questions do so, if they tell you not to, don't. No one can be compelled to incriminate themselves.
Lastly, take the hint your ex has given you and move on, she has given you the clearest possible notice that she no longer wishes to have anything to do with you. Any further contact with her in any shape or form is only going to bring you more grief.