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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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i picked up my mother freedom pass instead of my uni card

Customer Question

i picked up my mother freedom pass instead of my uni card one day and got cought.
i have now recieved a letter from court asking to subit my plea and if i will be attedning court. i need to write a mitigating plea

please help

i am also a law student will a criminal record affect my work and will i not be able to practice law anymore
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What would you like to know about this?
Customer: replied 3 years ago.


am i likely to be prosecuted ?


will i loose my job?


will i get a criminal record?


what is the best plea?


how do i wirte a mitigating plea

Expert:  Jo C. replied 3 years ago.
1 If you have been summonsed already then it is likely that you would be prosecuted. You can write to them asking them to consider the public interest and it wouldn't do any harm to do that but the chances that would happen are sadly low.

2 If you are a law student then you are not facing immediate dismissal. However, you would have to declare this to the Law Society and you cannot hide from the fact that it is an offence of dishonesty unfortunately.

3 I am sorry but you will. Even if this is under the railway bye laws then that does lead to a criminal record. It may be that the Law Society will let you practice but you will still need to tell them.

4 It depends on what you are charged with and whether you have a defence. I'm not clear whether you are saying this was a genuine accident or not. obviously that might not be a defence depending on the charge.

5 Again, it depends on the charge and your account for it. If this is under Regulation of the railway bye laws then honest mistake wouldnt be a defence. Then you are left with emphasing your hitherto good character and early guilty plea.

If you tell me what the charge is and what your account is then I might be able to offer more information.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

i am not sure of the charge as the letter advises if i wish to plea guilty on the charge of 1) did attempt to travel on the railway without having previously paid the fare and without the intent to avoid payment thereof.
1) what do i write as my mitigating plea.
2) it was just an honest mistake as i just picked up the rong card.
3 i no i will be found guilty - does this mean i will get a criminal record.
4)once i have a criminal record will i not be able to work?, apply for other jobs? travel abroad?
5) how long does this charge last on your criminal record.
6) will this affect me applying for loans
7) would it be better if i attended court.
8) can i ask for an out of court settlement ?
9) do i fill in and send back ( the notice to prosecution - where it states the witness/ witnesses are not required to attend in the case of (signed - do i sign?)
i had topped up my oyster card that morning and had eneough money to travel
after i was caushioned i used my own oyster card to travel , however LUG are asking for compensation for the outstanding fare of £5.30. but i paid this using my own oyster card.- can i ask for this to be removed?

Expert:  Jo C. replied 3 years ago.
Its a railway bye law offence then so there's no defence in saying that it was not dishonest.

1 You would have to emphasise your hitherto good character, your early guilty plea and the fact that it was an honest mistake.

2 As above.

3 Yes, I'm afraid so.

4 As I said above really. You will have to declare it.

5 You will be fined so it will be spent after one year but that will only mean it will drop off basic CRB checking. It will still show on standard and enhanced forever.

6 It shouldn't although you may have to declare it.

7 You are better able to negotiate if you attend court.

8 No. This is a summonsed matter.

9 Yes.

Customer: replied 3 years ago.


1) what kind of facts do i write in my mitigating plea letter?


2) what does it mean that my this stays on my crminial record forever what is the standard and enhanced criminal record? who has access to it.


3) do i fill in the fine form- which helps them calculate the amount of the fine


4) can i use as a defence that my oyster card was topped uo that morning and that i did pay for the travel that day


5) i was also caushioned after i was asked all the questions and was also told that i was allowed to leave and not answer any questions just as i was to sign the discussion.

Expert:  Jo C. replied 3 years ago.
1 You would have to emphasise your hitherto good character, your early guilty plea and the fact that it was an honest mistake.

2 Police, the local council, employers potentially, social services etc.

3 Yes, you should fill out the means form.

4 No. This is Regulation 18 of the Railway bye laws. The only issue is whether or not you had a ticket to travel in the area. You can ask them to consider the public interest on that basis.

5 that wouldn't make any difference I'm afraid. They will argue they were just investigating at scene. Anyway, even if this were decided in your favour all that would mean is that they couldn't rely on your answers.
Customer: replied 3 years ago.


how will having a criminal record affect my future of working and maybe wokring abroad and buying a house etc?

Expert:  Jo C. replied 3 years ago.
As I've said above, you will need to declare it to the law society and they may or may not refuse you entry.

Working abroad depends where you propose to work. The issue isn't working but entry into the country.

Upon mortgage applications you would have to declare criminal convictions.
Customer: replied 3 years ago.
Once the conviction is spent fo u still have to declare it?
Expert:  Jo C. replied 3 years ago.
You do to the Law Society.

If you are standard or enhanced checked then you would have to declare it.
Customer: replied 3 years ago.
How do you know when you are standard or enhance checked?
Do you have have to declaire a spent conviction when applying for a visa?
How long after you are convicted is a conviction spent?
Hiw do you know when this is?
Expert:  Jo C. replied 3 years ago.
1 Your employer would ask appropriate questions so that you would know.
2 Yes, I wouldn't know about the immigration situation really though. Thats not my area.
3 I covered that above I think.
4 As above in no 3.
Customer: replied 3 years ago.
Will it affect my current job?
Expert:  Jo C. replied 3 years ago.
have they said it may?
Customer: replied 3 years ago.
No
Customer: replied 3 years ago.
No as its not a legal job
Expert:  Jo C. replied 3 years ago.
Unless you are required to disclose it then it would not

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