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AIBU?

To ask for a hand hold?

39 replies

StarsandSparkles · 04/01/2017 07:55

Ive to go to court today to give evidence against the man that hit myself, ds and ddog while we were in the middle of a zebra crossing. I was hoping and praying this day would never have to come around as id hoped he would plead guilty but alas he has pleaded not guilty.
Ive had next to no sleep and ds has been up and down since 5, i just cant shake the feeling of total fear i have. My best friend is taking ds for the day thankfully. My dsis and ds are still sleeping so im taking ddog for a rare just me and him walk just now. Im hoping my auntie and cousin dont go to the court, they havent been supportive and in their words i want to be nosy so im going . Sorry if im getting a bit rambly i just wanted to get the above of my chest before i implode

OP posts:

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Henrysmycat · 04/01/2017 08:04

I'm virtually here for you. Courts are always hard even if you are entirely innocent. Obviously, lawyer told him to plead not guilty. Go and be proud of yourself.

pklme · 04/01/2017 08:08

That's awful! I hope it goes really well. Think of the relief when it is over! Sorry about aunt and cousin...

Treaclex · 04/01/2017 08:13

Stay strong, hope it goes well x

JustanotherJP · 04/01/2017 08:21

OP - this is magistrates court I assume? Sounds like assault charges rather then actual bodily harm?

My advice to you is to be calm, just tell the truth as you remember it.
Don't rush to answer, take your time and think about what you want to say.

You may be spared having to actually give evidence as it is not uncommon for people to change their plea to guilty on the day.

If you do give evidence, remember than magistrates know that witnesses are often very nervous to be there. If you have questions there should be a witness care team who can help you.

Finally remember that the judgement can only be made based on what evidence the magistrates hear in court.

Good luck. Remember you are not on trial even if it might momentarily feel like it.

StarsandSparkles · 04/01/2017 08:25

Ive to go to the local sherriff court which is 5mins along the road from where i am, i dont actually know what offence he has been charged with. Im in scotland

OP posts:

Snowflakes1122 · 04/01/2017 08:28

Stay strong. Will be over soon.

Good luck

JinnanTonik · 04/01/2017 08:35

Big deep breath honey, just listen to the questions, think about your answer, calmly answer question.

If you don't understand a question, ask them to say it again or rephrase it.

Think of your DS you are a big brave lioness and are doing this so this wanker doesn't injure another child, possibly fatally.

Huge hugs, you will be fine, you are the witness, not the accused.

OhDeareyMe · 04/01/2017 08:38

Good luck and fingers crossed he changes his plea to save you having to give evidence.

blueskyinmarch · 04/01/2017 08:42

When you go to the court there will be someone there who will all you through what will happen and who can reassure you. The accused may plead guilty at the last minute or you may not be needed to give your witness account. I assume the PF has summoned you as a witness for the prosecution? Also be aware that your case may not go ahead today. You might be called back time after time for your case. I had a job which meant i was cited for court on a very regular basis and cases were always being cancelled for one reason or another. Take a book and some snacks with you and be prepared for a very long wait. If you have to go into court keep calm, answer the questions asked as factually as possible - don’t go off in tangents and aim your responses at the sheriff rather than the person asking the questions.

blueskyinmarch · 04/01/2017 08:45

Also OP, if you google the court (type of in Roll of sheriff court then look for your court and then todays date) you will see a list all people in court today. You can see who else is up in front your accused - they are generally taken alphabetically. It might give you an idea of how long you will need to hang about and if there is a chance you may not be needed today.

StarsandSparkles · 04/01/2017 08:47

Im hoping he changes his plea to save me giving my evidence but i know if i have to then i have to. Yes im a witness for the prosecution. Im bad at going off in tangents at times but i will do my utmost not to

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StarsandSparkles · 04/01/2017 08:48

There is only 7 other names on the court roll including the accused for today

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notapizzaeater · 04/01/2017 08:53

Silly man - why would you plead not guilty.

There will be people in court to support you a use them

Good luck

blueskyinmarch · 04/01/2017 08:56

Probably because it has been a holiday and those are the only planned ones. Chances are you case will be heard then. Try to stay calm and focussed. The sheriff will be very used to anxious witnesses and the PF will be kind to you when asking questions. It will be the defence lawyer who will try to trip you up. The best thing i was told was to only answer the question asked. If you can’t remember or don’t know just say so. Don’t elaborate on anything. They will have your witness statement and know what you said. Stick to what information you gave. If you can’t recall what you said ask to see your statement to check it out. Take your time and don’t rush. Good luck. Let us know later how it went.

Floggingmolly · 04/01/2017 08:57

There's a very good chance (but you can't count on it, sadly) that he'll change his plea when he's told by his counsel that you've shown up in court.
Some of these pondlife specimens bank on the witness not wanting to go through with it.

AliceInUnderpants · 04/01/2017 09:00

I remember this. Good luck

1horatio · 04/01/2017 09:01

Good luck!!

JustanotherJP · 04/01/2017 09:02

Certainly in our courts the court list we get first thing is rarely the final list. Whilst the court list is in alphabetical order, we do not deal with cases in alphabetical order but by order of attendance of the defendant, i.e. Who turned up first (as long as all parties are ready).
Obviously different courts have their own procedures but it may not be alphabetical.

Jaxhog · 04/01/2017 09:02

I've been there (I was mugged outside my house). The main assailant pleaded not guilty, but was convicted and jailed for 4 and half years.

Just stay calm, answer the questions you are asked honestly and you'll be fine. The judge (or sheriff) will make sure no-one badgers you. Only look at the person asking questions or the sheriff.

Megatherium · 04/01/2017 09:02

I assume it's a driving charge? They may well do some sort of deal to persuade him to plead guilty. But if not, be clear in your mind about what happened, give yourself time to think about your answers, and if the defence tries to stop you saying what you want to, ask the sheriff if you can answer the question fully

MatildaTheCat · 04/01/2017 09:07

Good luck. I have a court case coming up and this is the advice I was given by counsel:

Answer the question you are asked not the question you think you should have been asked.

Don't ramble, don't get cross, ask if you don't understand.

You'll be fine. Very best wishes.

MLGs · 04/01/2017 09:08

I'm thinking it would be careless driving? Not thinking you are saying it was deliberate.

It's not objective (definition is falling below the standard of a careful and competent driver) so people argue "circumstances were x and you, so I did z, and that was reasonable etc."

Good luck. Just answer all questions truthfully and you'll be fine. Take time to think about the answer if you need to. Say so if you don't understand or hear the question. if you need them to repeat the question just ask.

You aren't on trial.

Sheriff courts I'm imagining are much like Magistrates Courts and (if so) less formal that Crown Courts (sorry, I don't know much about Scottish courts)

x2boys · 04/01/2017 09:17

i was a witness for the Defence about a yr ago it was an assault charge what , it was resolved in court before anybody had to give evidence with the CPS accepting the Defendent in our case was telling the truth good luck .

StarsandSparkles · 04/01/2017 09:51

Im now in the witness room at court and ky cousin and auntie arrived just as we did. They have taken my wee sister with them as she didnt have to sit with me. Id of appreciated her to talk to instead of sitting on my own. God im so scared right now

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blueskyinmarch · 04/01/2017 10:17

Try to relax. It takes a while for them to do all the court first thing faffing about then they might have an idea how things will go today. Someone will keep you all informed of the days proceedings. Go to the cafe and get coffee and stretch your legs a bit. All the hanging about is very tiring.

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