Posted by
mat_z
15 yrs ago
Is anybody able to advice me on what I should do next or what the outcome may be as I am unsure and concerned.
Last Friday night I had a big dispute with a taxi driver, had drunken far to much alcohol and ended up smashing the back passenger window. I was arrested for 'criminal damage - property'.
On the statement at the police station I admitted that I did not remember the finer details of everything though I did kick the window and smash it when angry after a dispute about money, being locked in the taxi and having to demand to get out, and then being dropped off at the wrong place. I received bail to return to the station earlier today. When I went today I was told by the arresting officer I will be charged to appear in court next week.
I asked for a 'binding over' (good behaviour period)and he said because there was compensation involved (I have to pay for the window) he is obliged to charged me. He suggested at the court next week I ask for an ajournment for time to write to the Director of Justice to ask for a binding over. In case the DoJ will ask him his recommendation I thought to ask him, and he said he would support me (not sure if he was just saying that).
Additionally he said to me if I am serious and care about not having a criminal record, to get a lawyer?
Will getting a lawyer help? i.e result in me not being charged? Because 1. I have admitted it, and 2. The officer has charged me?
Can anybody advice me there thoughts on this, and if recommending a lawyer used, have you any recommendation for who to use?
What do you think the chances of not being charged and getting a binding over are? I have never been in trouble with the police before?
Was admitting it the wrong thing to do?
Please advice?
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Well, what u did was the worst thing u can do....................But what my experience says is if the taxi driver decides not to press any charges against u then its very easy to get a DOJ and the hearing will also be over in mins. So it depends what the taxi driver has complained against u. I am an expat and my experience with the HK police is that they are helpful but very slow in preparing necessary documents.
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mat_z
15 yrs ago
Thanks sam_maz,
Have spoken with the Taxi driver yesterday and today and he has said he does not want me to be charged and he does not want to attend court, etc. He asked for $2,000 for his time and to fix the window and then it is all over. His taxi association has also called the police involved to let them know this and to request I not be charged and it be all finished, etc.
The police office in charge has come back to me and the taxi group today and said this is too late, I have been charged, the documents have all been submitted and now it must be dealt with through the courts. He said the decision of the taxi driver to not charge has nothing to do with it anymore. I have committed an offence, and now the courts will have to decide what to do.
The buzzar thing is, when I was at the police station before being charged, I offered to try to resolve it with the taxi driver then, and the police would not let me. They insisted on me being charged for the offence.
Will see a lawyer now to help get binding over, and not a record... Fingers crossed..
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