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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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hi, i have to go to magistrates court as i have been charged

Customer Question

hi, i have to go to magistrates court as i have been charged with theft from the person of another (stole 141,526.00 from my mother) i will be pleading guilty, how long is a court case likely to go on for this charge ? i also have a holiday booked 2 weeks after i have to appear in court will i still be able to go ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you have any previous convictions please?
Customer: replied 3 years ago.

no

Expert:  Jo C. replied 3 years ago.
Thanks.

I am really sorry to have to give you bad news but this is a grave situtation. If you mean that you stole £141,526 from your mother then I am afraid you at risk of custody.

The actual court appearance will probably not take long. Usually the delay at a Magistrates Court is waiting to be called on which could take any amount of time depending on court listings on that day. The actual apperance will be over within in about 15 mins.

They will let you plead guilty at the Magistrates but almost certainly send it to the Crown Court for sentence.

That would probably take a further 10 or so days for a preliminary hearing and then an adjournment for a pre sentence report would probably take a further 3 weeks. All these times depend on the listings in your area but this is a rough guide.

In terms of whether you could go away, they are unlikely to remand you. Its a very serious offence but you are not a flight risk. The only issue could be that you could put pressure on your mother but if you plead guilty then that would fall away.

They may place conditions upon your bail requiring a surrender of your passport but I don't think that they would.

If the holiday encroaches upon a Crown Court appearance then the Court may vary that for a pre-booked holiday but you can let your solicitors deal with that.

Can I clarify anything for you?


Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

my mother has dementia and i was in charge of finances, i used what i thought will come to me anyway, i am also going to court with no lawyer as i cannot afford one

 

Expert:  Jo C. replied 3 years ago.
Absolutely do not appear without representation.

You will get legal aid for this.

If you haven't admitted the offence already then you should not just plead guity to get this over with. You will go to prison I'm afraid. This is large sum of money taken in breach of trust from a vulnerable person.

It might be that they can't prove it
Customer: replied 3 years ago.

i have already been questioned under caution and i told them the whole truth what sentance can i expect to get

Expert:  Jo C. replied 3 years ago.
Have you admitted the full amount?
Customer: replied 3 years ago.

Yes because they had copies of my mums bank statements and could see the transfers to my own account it happened over 2 years poa has now been transferred to my sister

Expert:  Jo C. replied 3 years ago.
I'm really sorry but for this amount there is a three year custody starting point and a range of between two to six years.