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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to ask on here for the traffic?

72 replies

undetected · 07/06/2014 11:58

I need legal advice and fast!
I have nc.
I need advice please.

I am on bail after being arrested yesterday. The police have not made a decision as to whether to charge me or let me go with no further action.

My mobile phone has been confiscated by the police until I am required to return to the police station.

I have 1 disabled child and rely very heavily on my mobile phone. (It is my main source of contact, I need to be contactable at all times, it has everyone's numbers on it and my diary.)

How can they justify confiscating my phone for more than 6 weeks?
How do I get it back?
What are my rights?

CAB is not open in my area today (Closed 1st saturday of every month.)
I cannot find a solicitor on a Saturday.

I am going crazy not knowing what my rights are or how to proceed apart from to wait until Monday, but if anyone out there knows anything about criminal law, please advise me?

OP posts:
Finola1step · 07/06/2014 12:26

Check your bail conditions.

If you are allowed to get another mobile (which most likely you are) then a cheapo pay as you go for now.

Do not under any circumstances contact the other person in question. Do not lie to the phone company and their insurance re "losing" the phone.

You can tell others that you have lost your phone (and therefore their contact details) as you do not need to explain to anybody else what is going on.

Start writing a list of phone numbers you do know, can easily get hold of.

ICanSeeTheSun · 07/06/2014 12:27

Have you ever backed up your phone, if so your numbers should also be backed up

BeyondTheLimitsOfAcceptability · 07/06/2014 12:27

Ffs, she said lost because babycat said "consider it lost".

Ring your phone company and tell the truth. Worst case scenario, they send a new sim and swap the number to it. Best case, they'll agree the phone is (for all intents and purposes) "lost" and replace it.

TwinkleTwinkleStarlight · 07/06/2014 12:29

Sorry, but if it is to do with why you are on bail then you will not get it back until investigations are complete.

ilovesooty · 07/06/2014 12:29

Can you tell your contract providers what has happened and get another sim with your numbers? Presumably you can get another phone and sync your emails to that. Can you Facebook message people asking them to send their numbers to you? No way will you get your phone back any time soon if at all.

Pancakeflipper · 07/06/2014 12:31

Get yourself another phone. It will take ages for them to go through your phone and correlate it to the charge (if they charge). Could be a long winded thing especially if it's not clear cut about the calls/texts. And harassment cases often have 2 complicated sides.

You need to ensure you are contactable for family and friends. And obviously do not input the number you are accused of harassing.

Where they just questioning you at the station?

YoureBeingASillyBilly · 07/06/2014 12:33

I sent some texts and made a couple of phonecalls, yes. That doesnt constitute harrassment in my book.

It's not your book that counts.

Regardless, i didnt say you were guilty- i pointed out that you agree you sent texts. Surely you can see why you simply cannot have your phone back.

Pancakeflipper · 07/06/2014 12:33

Did they not offer any duty solicitor ?

undetected · 07/06/2014 12:35

Perhaps it would clarify the situation further if I said that the accuser is my xp, the father of my child, who I have to communicate with to facilitate contact or issues surrounding contact and issues surrounding my child.

If it was up to me, I would never contact him or return his calls, and I only contact him when I absolutely have to because he is a narcissistic spiteful bully who makes an argument out of the most mundane things, and calls the police at the slightest issue to punish me for not doing things the way he wants them done.

He has been very upset lately after I began a new relationship, despite being in a relationship himself. That is when he refused contact or maintenance again, and contact by any means has now dried up again.

The texts and calls were to ask him if he would be picking my child up, to inform him of a meeting at school which I had been asked to inform him about and the results of an assessment my child had.
His response was required so when he didn't respond, I sent him '??' and when he didn't respond to that, I telephoned him that evening to ask him if he had received my texts, at which point he screamed down the phone but did not answer the question.

The school then tried to ring him, and could not leave a voicemail, so tried a few times and he has not made a statement to say that I have incited the school to ring him as part of my harrassment towards him.

There has been no contact for a month because I cannot get a reply from him, so saw no point in continuing trying to contact him to attempt to get some form of response.

According to the police, unwanted contact is classed as harrassment, and in his statement, he has stipulated that he did not want anyone to contact him to ask his response or inform him of these issues at that time, because he was busy with other things. He has stated that he is quite happy to be contacted when it is more convenient, but does not know when that will be.

In the meantime, I am under investigation for harrassment and inciting others (the school) to harrass him too.

I have asked the school to remove his number from their system, but they say they cannot do this because he has PR.

OP posts:
undetected · 07/06/2014 12:38

sorry, he has now made a statement that should read.

OP posts:
Fairenuff · 07/06/2014 12:38

Get the school to put that in writing. Don't contact exp again. Don't respond to any attempt from him to contact you. Just leave it there and it sounds as if it will go no further and you will get your phone back when the investigation is complete.

YoureBeingASillyBilly · 07/06/2014 12:38

None of that is relevant to getting your phone back. It is evidence now so you'll need to get a new one.

DeepThought · 07/06/2014 12:39

Get a payg basic phone for now

Out of interest who were you contacting, ie ex,an OW; how many times did you text and call (my few, your few might be diff!)

DeepThought · 07/06/2014 12:40

X post

PuppyMonkey · 07/06/2014 12:43

I hope this case gets to court "mum incited school to ring her child's dad." Shock

Hope you get it sorted. Just buy a new phone in the meantime.

maras2 · 07/06/2014 12:44

DH had his phone taken by police after a burglary at our house as the robber had used it and deleted some messages.The forensic search took 5 months and it was 7 months till he got it back < robber got 3 and a half years >.

TroyMcClure · 07/06/2014 12:45

I know if a case where a laptop is 24th in the q. It's been gone since last autumn.

lljkk · 07/06/2014 12:57

Who do you need to contact & possibly be contacted by 24/7?

CharmQuark · 07/06/2014 13:02

OP - why not post in legal with a thread title that gives some idea of what the thread is about, so that you get the most expert and informed 'traffic' that you need.

Good luck - I hope this gets resolved quickly.

undetected · 07/06/2014 13:05

I need to be in constant contact when my child is not with me because of my child's disabilities. Despite going to school, the school have to send my child home or to the hospital at a moments notice and as such, need to be able to contact me to inform me. They also usually attempt to contact xp to tell him, although he has told police this is disruptive to his working day and he believes that they are contacting him unnecessarily at my request.

That is absolutely not true.

I need to be able to contact the hospital myself out of school hours and be contactable by the hospital when my child is admitted, because I cannot always stay at the hospital due to there not always being able to accommodate me.

I have a landline which I am relying on at the moment. This is doable so long as I do not leave the house so I will have to ring the police station to ask if my bail conditions allow me to get another phone and go down the road of getting another, even if that means running 2 phones at the same time.
It is frustrating because I am not receiving any maintenance (CSA do not have much luck because he is self employed.) and we are on a very low income.

OP posts:
YoureBeingASillyBilly · 07/06/2014 13:09

Asda and argos both do PAYG phones for £5. You dont need to fork out loads for a phone. £5 phone + £10 top up.

minniemagoo · 07/06/2014 13:13

OP, Is your current phone PAYG or SIM?
If PAYG just abandon it, get a new one and transfer your number.
If SIM you need to confirm if you can get a new phone and keep your number. I can't imagine they expect you to pay for a phone contract for a phone sitting in a box in their station. Contact your phone service provider to see if they will give you a new SIM.
Either way I imagine you are paying for a new actual phone handset which is bloody annoying.
I don't know what legal measures are in place regarding maintenance, contact and visitation but I would be revisiting this and would expect any judge to see your ex's complaint as malicious.

lljkk · 07/06/2014 13:19

Are bail conditions not normally written down for you? If they haven't written down "no phone allowed." then I imagine you can get another.

wow, they really do offer £5 phones in argos. Make sure that includes a charger, though.

I was going to suggest pick up a very basic 2nd-hand phone from a pawnshop for £12-£20 and get a Giffgaff SIM & just put £5 credit on it. Use the landline whenever possible for calls to hospital.

Get the new phone number to school & hospital.

Hope this bad experiences passes soon.

TroyMcClure · 07/06/2014 13:52

yes, you are given a bail notice.

abbi74 · 07/06/2014 14:03

You should be able to get a PAYG phone and sim on the same network as your current phone, and then your current contract and number can be transferred to that SIM for the time being. Speak to your mobile provider.

Just swap the SIM into your normal phone when you get it back. If your normal phone has a mini- or micro-SIM slot you can get the SIM cut down in a phone shop later.

My sympathies - your ex sounds like a nightmare.

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