I think my boyfriend has been arrested, whats going to happen to him?

Golf Alpha Nine-seven

Oh dear. He really should have made contact with the Witness Care Unit who would have sent him the letter in November and explained his reasons for not wanting to get involved. The Witness Care Unit would have given him suitable advice whilst trying to re-assure and they could have ascertained if he was eligible for Special Measures in Court whereby he could have given his evidence from behind a screen or else via Video Link. Hindsight is always 20/20.

When you make a statement to the Police you should be advised that there is a strong possibility that you will be called to give evidence. It amazes me that so many people that think by simply calling the Police that is sufficient to get someone dealt with when there has been wrongdoing. The public have to act as witnesses so that the truth is heard in Court. Would you not complain if you were charged with an offence and then convicted on Hearsay evidence only without the opportunity to challenge what was being said against you? Your boyfriend had a legal duty to attend Court. The letter he received was not an invitation asking him if he'd like to attend.

I am surprised that he was arrested for not attending which leads me to think you are not telling the whole story here. The Witness Care Unit should have chased confirmation of his attendance and the next step would be for the Court to issue a Summons with Conduct Money. A Summons is a clear indication that the court want him to attend and the Conduct Money helps him with his travel expenses so there should be no excuses for not turning up. If he ignores the Summons the Court will then issue a Warrant for his arrest. This is fairly unusual as typically the Court will just dispense with his evidence and go without him meaning that some poor victim is going to have less chance of getting justice and the Offender is most likely to be let off without sanction.

When your boyfriend is arrested the Police will typically hold him until the Court is available to here the case or else they will take him to the Court immediately. The Court can order his detention up until the trial if they feel that he is unlikely to turn up again. When the trial begins he will be forced to take the stand and give his evidence which is not going to be a pleasant experience for him as the defence will treat him as a hostile witness and tear him to shreds. After the trial the Magistrates will want to know why your boyfriend failed to attend and he will likely be charged with Contempt of Court and fined and/or possibly given prison time. All options are open to the Magistrates on the day and it depends on how much of example they want to make of your boyfriend and how they feel on the day. They may go easy on him but then again they may be hard.

In no way has the Criminal Justice System breached his Human Rights as the misinformed person above me states. Read the Human Rights Act and you will find nothing in there that relates to your boyfriend's rights being infringed. As you yourself states the letter he received warned him he could be apprehended and punished for not attending the trial so unfortunately he has got himself to blame. This may seem harsh and please don't think I am being nasty but up until a few years ago over two-thirds of Magistrates trials were ruled ineffective because witnesses failed to turn up to give evidence hence the establishment of Witness Care Units across all UK Police Forces and Constabularies. Your fella really should have contacted someone about this instead of ignoring the letter.

Good luck and I hope it works out for you both.

SurfCop

I guarantee you that he's not been arrested for failing to appear as a witness. They would not keep him inside for a week as a witness. He's been a bad boy me thinks and not told you.

CHELSEAGIRL

He will be in trouble for not replying to the letter & not attending the trial cos he is in contempt of court which is a criminal offence. He will be charged but prison is highly unlikely, he will probably be fined & have a criminal record. Why did your boyfriend not turn up for court, is the person on trial a friend of his or something? if this person mean't nothing to your boyfriend, i don't know why he did'nt turn up. He's now only gotten himself into trouble & it's not worth it.

clonepuppet

No he is a criminal because he refused an order from the court. He has his own stupid self to blame and now he will have a criminal record too.

Mike Sanders

the penalty will be light... but he WILL be arrested for failing to appear in court and probably fined...

a prison term is highly unlikely.

A G

best thing to do is ask the police what they will do.

wilster333

if hes only a witness then all he as to do is retract his statement!!

Grampa

It sounds as though your boyfriend has a lot of class. Too bad it's all third.

Although the penalty imposed by the judge will be light. He's probably getting pounded in the **** by a 300 lb. mexican named Juan right now as he shares a 6X6 cell.

wileycoyote_the_supergenius

He was probably charged with failure to appear. He did commit a crime by not answering a court summons. It's a misdemeanor, and he will probably be fined for it. I don't know how long they will hold him. It depends on the type of crime he witnessed, and where you live. Every state has different penalties for failure to appear in court. I wouldn't worry about it too much though. Like I said, it is a misdemeanor.

Daisy-flower

probably NOTHING!!!!!!!!!!!!!!!!!!
and slap on the hands and he will be YOURS!!
Good Luck, i think you may need it!

churie78

It just highlights the case for not getting involved. The law is an ar5e and the treatment of witnesses, especially when they have to appear in court in full view of the perpetrator, can be terrifying for people.

bored

HI maybe you should get in contact with someone for legal advice , i think it s disgusting how the law can do this to some one so what he ignored the letter we have human right s, just cause he witnessed this drink driver does not mean he should suffer too, what he did was something he should be thanked for by telling on him , bet the person drink driving get s a pathetic paunishment and will prob do it again , make s you think twice about getting involved with things like this , good luck

????????

FTA's usually come with a warrant issued and a new arrest bond$set, and the judge will fine him or suspend a sentence. It's very unlikely he'd go to the pokie, but in today's environment, you never can be absolutely sure. Does he have an attorney?

brynner

With todays sentencing ,NOT A THING.

CLIVE H

When a person receives a subpoena to appear in court, they must obey. Your boyfriend may get off with a caution, or he may be held in contempt of court by the judge.

aleximas

your b-friend committed a felony...he got a court order to testify and failed to appear as a witness. this is rather serious as the judge can actually make him a criminal record!!!
i suggest you contact a lawyer and try to figure out how to minimize the dammage!
i am sorry for your situation.

alpha66

and I bet your going to have a kid by this convict !

lil-afg-mariam

U NEED TO MEET HIM EVERYDAY SO HE DOESNT THINK THAT U FORGOT HIM. IF U REALLY LIKE HIM.

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