Desperately needing legal advice - General Elche discussion - Elche forum - Costa Blanca forum in the Alicante province of Spain
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Desperately needing legal advice

Posted: Sat Aug 6, 2022 8:34pm
7 replies801 views8 members subscribed
Spoongirl

Posts: 23

6 helpful points

Location: Santa Pola

Joined: 6 Mar 2022

This is an urgent cry for anybody to give me advice but also I want to tell my story towarn other expats that thdy could easily find themselves in the same situation abd get accused and found guilty of a crime they have not commited just by the word of some stranger who has something to gain by making up a crime and identifying you as the culprit, especially if they have multiple friends In that police station you end up in. Ive got evidence through pictures my "victim" has on facebook of him and half the police force in elche and they testified in court on his behalf and allowed him to come back and change his original statement when no evidence fitted his original statement which kept me held in custody for an extra night without knowing the slightest reason why I was there and having been punched in my face multiple time by one very vile officer that said I was resisting arrest. I was accused of robbery with violence and intimidation of a guy 14 years younger than my 43 years and the medical problems I have limit my mobility to the point I sometimes cannot even get out of bed, so if this fit young man really was being threatened by me, he would not even need to run to get away, merely walk at a normal pace and I would have found it impossible to give chase. He originally said I used pepper spray and took his money ey  yet managed to drive his car and pick up his girlfriend first before calling the police. Now I've had pepper spray used on me and believe me you would not get in a car and drive anywhere before seeking help and plenty of water. Being that the only money found was in my wallet with the receipt and the only spray found was car polish in the boot of my codefententd car...well he had to change his story and it was an attempted robbery using car polish, but as id never seen this bottle my prints were not on it. None of this was presented in court and now I've been found guilty and have to hand myself in to go to jail in September. Can anyone give me some useful advice. It just seems like corruption to me

killjoy

Posted: Sat Aug 6, 2022 9:05pm

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Sat Aug 6, 2022 9:05pm

Impossible to make any comment w/o knowing the whole story. I know about various similar cases, and there is little or nothing you can do. Did your defending attorney not appeal and why?

In 1973 a man was charged with murder though the weapon was never found. The police presented an artifice as evidence, and when the Judge asked "Was this used for committing the crime?" the state attorney would anser "No, but it looks appropriate". In an another case known as "caso Wanninkof", a lady  spent 519 days behind bars having nothing to do with the crime.

Did you contact the British diplomatic authorities? 

Philip999

Posted: Sun Aug 7, 2022 8:40pm

Posts: 33

8 helpful points

Location: Elche

Joined: 30 Sep 2019

Posted: Sun Aug 7, 2022 8:40pm

I’m so sorry I can’t help you with any legal advice - I can only say I believe you and you are being wrongly treated - this kind of treatment by the police is not uncommon in Spain they have too many friends and family in the areas they work in. I am hoping they are just putting the frighteners on you - that is also quite common! I wish you luck and if the forum would like to start a petition I would willingly sign.

killjoy

Posted: Sun Aug 7, 2022 10:01pm

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Sun Aug 7, 2022 10:01pm

A petition  will not make any much sense. Again, impossible to imagine what is all behind the story.and, consquently what could be done. The sentence would be most interesting to find out appeal possibilities. Time is against him. So sorry, but these are the facts. Spanish prisons are overcrowded 160% and the Direccion General de Instituciones Penitenciarios advised a few years ago that they "cannot grant the phusical integrity of the inmates" -. someting totally impropriate for a civilized country.

Anyway, if he's behind bars, how can he write in this forum?

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Spoongirl

Posted: Mon Aug 8, 2022 1:54am

Spoongirl

Original Poster

Posts: 23

6 helpful points

Location: Santa Pola

Joined: 6 Mar 2022

Posted: Mon Aug 8, 2022 1:54am

killjoy wrote on Sun Aug 7, 2022 10:01pm:

A petition  will not make any much sense. Again, impossible to imagine what is all behind the story.and, consquently what could be done. The sentence would be most interesting to find out appeal possibilities. Time is against him. So sorry, but these are the facts. Spanish prisons are overcr...

...owded 160% and the Direccion General de Instituciones Penitenciarios advised a few years ago that they "cannot grant the phusical integrity of the inmates" -. someting totally impropriate for a civilized country.

Anyway, if he's behind bars, how can he write in this forum?

Well thank you for such helpful comments. On the basis my username is spoongirl one might assume i identify as female and as the courts are closed until september there is no warrent as of yet, but everytime i see a police car slowing down if they drive past me yes I am terrified, so does thar satisfy your curiousity....and negativity?

Spoongirl

Posted: Mon Aug 8, 2022 1:56am

Spoongirl

Original Poster

Posts: 23

6 helpful points

Location: Santa Pola

Joined: 6 Mar 2022

Posted: Mon Aug 8, 2022 1:56am

Philip999 wrote on Sun Aug 7, 2022 8:40pm:

I’m so sorry I can’t help you with any legal advice - I can only say I believe you and you are being wrongly treated - this kind of treatment by the police is not uncommon in Spain they have too many friends and family in the areas they work in. I am hoping they are just putting the frightene...

...rs on you - that is also quite common! I wish you luck and if the forum would like to start a petition I would willingly sign.

Thank you so much just for such a supportive reply

Madcarew

Posted: Mon Aug 8, 2022 8:17am

Posts: 57

27 helpful points

Location: La Zenia

Joined: 13 May 2021

Posted: Mon Aug 8, 2022 8:17am

My advice is in two parts, firstly what not to do.

Don't become a fugitive from justice as this will only make things worse. Don't attemp to contact your accusor or complain about the police.

Do go to The British Consul in Alicante as soon as possible and look on line for expat charities offering legal assistance and other services. You may find that The British Legion can help, you don't have to be ex services to receive their assistance.

Spoongirl

Posted: Tue Aug 9, 2022 4:30pm

Spoongirl

Original Poster

Posts: 23

6 helpful points

Location: Santa Pola

Joined: 6 Mar 2022

Posted: Tue Aug 9, 2022 4:30pm

Madcarew wrote on Mon Aug 8, 2022 8:17am:

My advice is in two parts, firstly what not to do.

Don't become a fugitive from justice as this will only make things worse. Don't attemp to contact your accusor or complain about the police.

Do go to The British Consul in Alicante as soon as possible and look on line for expat charities offering legal assistance and other services. You may find that The British Legion can help, you don't have to be ex services to receive their assistance.

Thanks for advice. Don't worry...becoming a fugitive is not in my plans...I have 3 dogs...one 15 years old and the other two just a year old and no driving licence. Plus I wouldn't know where to go and my house was going on the market so I could repay the money my mum has had to lend my for this disaster purchase. So going on the run not an option but thank you for telling me about thr British legion etc. I have until 5 September to hand myself In but I wasin the process of getting my dual citizenship for canada as my dad is canadian and had been offered the chance to study as a mature student...ironically criminal law lol...but even if I dont end up in jail there is now a criminal record for me so that kind of ruins that future. Ive been diagnosed with ptsd because the treatment and violence used by the police over the two nights and days triggered it again and im jumpy all the time and constantly burst into tears no matter where I am. I am back on antidepressants after being so proud of coming off them after years taking a cocktail of stuff and I have no intention of going to jail or putting my babies up for adoption. I just hope the guy that lied in front of that judge can live with himself for doing this to somebody he doesnt even know once im gone

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