Charged, Went To Court, Not Guilty under Galbraith Test
#1
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Joined: Sep 2008
Posts: 3
Charged, Went To Court, Not Guilty under Galbraith Test
Hi Ive been searching this site for ages and I cant find any thread that might give me any idea if I should even bother applying to go on holiday to the US.
I was arrested for something I didnt do, the police messed around with it for a year and half then decided to charge with no real basis to do so. Went to court and the judge spent 3 days hearing all the bull the prosecution said, which is another story... the investigating officer lied on his statement 'proven' in fact its so obvious its ridiculous he dated his statement a year and a half after the arrest then proceeded to write at the end of it about things that happened 3 years after the arrest..... Believe me the judge was not impressed at all! nor was any one else, he has a thing against me for no reason, thats just the most prominent of the many many screwups they made all documented and submitted by themselves. but hey, anyways it was thrown out under the Galbraith test, which for those who dont know is the test that is undertaken by a judge to determine if the case is in fact worth taking forward to the defence stage. Which he didnt and told the prosecution they had failed to prove anything at all and infact contradicted themselves on several occasions, with the added fact that evidence produced by the defence showed the complainant to be lieing without doubt.
So where does that leave me should I go ahead with applying for a visa or not. I have had no dealings with the police at all at any time other than the afore mentioned time, not even a speeding ticket!!! Im a law abiding citizen through and through.
What scares me is this officer and what he has done or said and put forward to people that have nothing to do with me or should have any interest in me.
Any ideas, ie can I find out whats been put forward? can I get the arrest deleted, and how?
Any ideas would be very welcome and muchly appreciated .
Thanks
Cougar76
NB. BTW for anyone who is or has been thinking of complaining to the IPC (Independent Police Complaints) dont bother they are a waste of time, they came back and said that they cudnt deal with any complaint because it went on more than a year!!! I mean WTF its a complaint and the evidence against the police is sooooo boldly apparent its unbelievable!!! total waste of time and money they should be scrapped!
I was arrested for something I didnt do, the police messed around with it for a year and half then decided to charge with no real basis to do so. Went to court and the judge spent 3 days hearing all the bull the prosecution said, which is another story... the investigating officer lied on his statement 'proven' in fact its so obvious its ridiculous he dated his statement a year and a half after the arrest then proceeded to write at the end of it about things that happened 3 years after the arrest..... Believe me the judge was not impressed at all! nor was any one else, he has a thing against me for no reason, thats just the most prominent of the many many screwups they made all documented and submitted by themselves. but hey, anyways it was thrown out under the Galbraith test, which for those who dont know is the test that is undertaken by a judge to determine if the case is in fact worth taking forward to the defence stage. Which he didnt and told the prosecution they had failed to prove anything at all and infact contradicted themselves on several occasions, with the added fact that evidence produced by the defence showed the complainant to be lieing without doubt.
So where does that leave me should I go ahead with applying for a visa or not. I have had no dealings with the police at all at any time other than the afore mentioned time, not even a speeding ticket!!! Im a law abiding citizen through and through.
What scares me is this officer and what he has done or said and put forward to people that have nothing to do with me or should have any interest in me.
Any ideas, ie can I find out whats been put forward? can I get the arrest deleted, and how?
Any ideas would be very welcome and muchly appreciated .
Thanks
Cougar76
NB. BTW for anyone who is or has been thinking of complaining to the IPC (Independent Police Complaints) dont bother they are a waste of time, they came back and said that they cudnt deal with any complaint because it went on more than a year!!! I mean WTF its a complaint and the evidence against the police is sooooo boldly apparent its unbelievable!!! total waste of time and money they should be scrapped!
#2
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Charged, Went To Court, Not Guilty under Galbraith Test
So where does that leave me...
should I go ahead with applying for a visa or not.
What scares me is this officer and what he has done or said and put forward to people that have nothing to do with me or should have any interest in me.
Ian
#3
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: Charged, Went To Court, Not Guilty under Galbraith Test
Just because you're paranoid doesn't mean they're not out to get you!
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Charged, Went To Court, Not Guilty under Galbraith Test
Hi Ive been searching this site for ages and I cant find any thread that might give me any idea if I should even bother applying to go on holiday to the US.
I was arrested for something I didnt do, the police messed around with it for a year and half then decided to charge with no real basis to do so. Went to court and the judge spent 3 days hearing all the bull the prosecution said, which is another story... the investigating officer lied on his statement 'proven' in fact its so obvious its ridiculous he dated his statement a year and a half after the arrest then proceeded to write at the end of it about things that happened 3 years after the arrest..... Believe me the judge was not impressed at all! nor was any one else, he has a thing against me for no reason, thats just the most prominent of the many many screwups they made all documented and submitted by themselves. but hey, anyways it was thrown out under the Galbraith test, which for those who dont know is the test that is undertaken by a judge to determine if the case is in fact worth taking forward to the defence stage. Which he didnt and told the prosecution they had failed to prove anything at all and infact contradicted themselves on several occasions, with the added fact that evidence produced by the defence showed the complainant to be lieing without doubt.
So where does that leave me should I go ahead with applying for a visa or not. I have had no dealings with the police at all at any time other than the afore mentioned time, not even a speeding ticket!!! Im a law abiding citizen through and through.
What scares me is this officer and what he has done or said and put forward to people that have nothing to do with me or should have any interest in me.
Any ideas, ie can I find out whats been put forward? can I get the arrest deleted, and how?
Any ideas would be very welcome and muchly appreciated .
Thanks
Cougar76
NB. BTW for anyone who is or has been thinking of complaining to the IPC (Independent Police Complaints) dont bother they are a waste of time, they came back and said that they cudnt deal with any complaint because it went on more than a year!!! I mean WTF its a complaint and the evidence against the police is sooooo boldly apparent its unbelievable!!! total waste of time and money they should be scrapped!
I was arrested for something I didnt do, the police messed around with it for a year and half then decided to charge with no real basis to do so. Went to court and the judge spent 3 days hearing all the bull the prosecution said, which is another story... the investigating officer lied on his statement 'proven' in fact its so obvious its ridiculous he dated his statement a year and a half after the arrest then proceeded to write at the end of it about things that happened 3 years after the arrest..... Believe me the judge was not impressed at all! nor was any one else, he has a thing against me for no reason, thats just the most prominent of the many many screwups they made all documented and submitted by themselves. but hey, anyways it was thrown out under the Galbraith test, which for those who dont know is the test that is undertaken by a judge to determine if the case is in fact worth taking forward to the defence stage. Which he didnt and told the prosecution they had failed to prove anything at all and infact contradicted themselves on several occasions, with the added fact that evidence produced by the defence showed the complainant to be lieing without doubt.
So where does that leave me should I go ahead with applying for a visa or not. I have had no dealings with the police at all at any time other than the afore mentioned time, not even a speeding ticket!!! Im a law abiding citizen through and through.
What scares me is this officer and what he has done or said and put forward to people that have nothing to do with me or should have any interest in me.
Any ideas, ie can I find out whats been put forward? can I get the arrest deleted, and how?
Any ideas would be very welcome and muchly appreciated .
Thanks
Cougar76
NB. BTW for anyone who is or has been thinking of complaining to the IPC (Independent Police Complaints) dont bother they are a waste of time, they came back and said that they cudnt deal with any complaint because it went on more than a year!!! I mean WTF its a complaint and the evidence against the police is sooooo boldly apparent its unbelievable!!! total waste of time and money they should be scrapped!
First of all, leave the attitude at the door. It does not pay to annoy law enforcement types.
That said -- you were charged, there was a preliminary hearing and the presiding officer declined prosecution without your saying a word. It might be a good idea to take an official copy of the docket sheet or some such [along with a copy of the official copy].
With the exception of drug trafficking charges, a conviction or a precise admission is needed as a matter of law to apply that ground of exclusion. With drug trafficking, a "reason to believe" standard applies.
Please not that I am giving you "law" -- and not necessarily what happens. Please trust me that your attitude and anger is really likely to trip you up. Your attitude should be that the bloody system worked in that I did not have a full trial before a jury.
Good luck.
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Charged, Went To Court, Not Guilty under Galbraith Test
Damn good idea! That one had slipped my mind, but "I may be a lawyer, but I am not your lawyer."