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Hello. I am a solicitor with over 15 years experience. I will try to help you with this.
Can you just confirm the following please? You are intending to plead guilty at the first hearing in the crown court or have you already indicated a guilty plea in the magistrates court? If you have already indicated a G plea in the magistrates has a pre-sentence report been ordered?
Which part of the country is the case being heard in?
Have you been represented in the magistrates court? I am assuming you are not eligible for free/subsidised help from legal aid.
been granted legal, the case is in bolton, Have to see probation officer 9.6.14 at court, what is pre-sentancing prport?
If you have been granted legal aid then depending on your means you will either have to pay a contribution to your legal costs or you will be represented free of charge. A pre-sentence report is a report prepared by the probation service to assist the court at your sentencing hearing. It is likely that a PSR will be prepared in your case especially if you have either not been in trouble before or not for anything similar.
Your solicitor should have sent you a letter explaining the position with legal aid and whether you need to make a financial contribution and so should the Legal Services Commission, the Government agency who run legal aid.
thank you for your help, my appointment with my probation officer is at a guess what the pre-sentencing report.
if you have an appointment with porbation then hat will probably be for the report.
i have been advised by my solicitor to expect 2-5 years in prison, could you shed any light? i really dont feel like i am getting any answers!
As far as your question is concerned I am little unclear as to why you are asking how much representation will cost when you have legal aid. If you are unhappy with your solicitor then you can complain about them and in some circumstances can transfer legal aid.
It is hard to give answers on sentencing on this site but I will try to help. Please let me know the following? What position did you hold with your employer when you stole from him. How did you carry out the theft. Why did you steal. Have you got any previous convictions. Did you plead guilty at the first hearing. Did you admit the offence to the police. Are you in good health. Were any children or vulnerable people dependant on you.
You must tell your wife/partner she should be at court when you are sentenced. This sort of thing can help. Some Judges sentence more lightly when there is a blameless distraught woman in court.
i am a lady, i held the position of purchase ledger clerk, i had only worked for the company 4 months and immedietly i was given full access to the accounts, my partner had been out of work for 18months and then i was made redundant from previous employer which is when i started at this company. stress of rising dept caused abcesses which had to be surgically removed, causing me to have more time off work. My daughter was 10 years old, i was desperate unable to support her.
I also had my coil surgical through menstral problems, before long i fell pregnant with my second daughter. i tried to keep my pregnancy hidden for as long as i could as i knew i would lose my job again, she is now aged 28 months. I transferred the payments in to my bank account by changing the direct debit bank details on the system account, from utility accounts to read my account details. don't remember thinking long term, just the 1st small amount of monies transferred would help but then my access was shared between the new purchase ledger clerk and it became harder to change the details back, so when the payments were being made to the suppliers in fact they were coming to me. When i was arrested i provided all bank statements that i had kept for 3 years(hidden from my partner) knowing this day would come and I would need them for evidence I also I admitted the theft in my 1st interview at the police station, I have always tried my best to provide wanted evidence to the police to help assist with my prosecution. Although not wanting to face what i did, The relief of my family knowing has helped my mental state.
Thankyou for that. I am busy for the next hour or so but will get back to you later today.
thank you so much.
The guideliens fro sentences for theft in breach of trust can be found here http://sentencingcouncil.judiciary.gov.uk/docs/Theft_and_Burglary_of_a_building_other_than_a_dwelling.pdf on page 10 onwards. These guidelines are for offenders found guilty after trial. You come in the middle category but towards the bottom of that range. If you had been found guilty after trial you would I think be looking at a starting point of 18 months-30 months imprisonment . You admitted your guilt early which will lead to a reduction of 33%. So your starting point is 12-24 months imprisonment. The fact the offending went on over 3 years will make it more serious but as it is your first offence and was motivated by desperation rather than to maintain a high life style is helpful. Your ill health and the presence of 2 children will also matter to the sentencing Judge.
You are looking at the likelihood of a short custodial sentence. However, it is possible if you get a good pre-sentence report, an advocate on his game and a sympathetic Judge that the prison sentence could be suspended (ie: not activated as long as you stay out of trouble for a set period of time and do some community punishment).
thank you for your assistance. I was only in the job for just over 12 months but the transactions were only made over a period of 7 months and not 3 years as stated above, this all happened in 2011 from April to November. Not sure if this makes the offence more serious. thank you again
No, the fact that the offence occurred over a shorter time period makes it less serious. This was some time ago which may also help as no doubt you have led a blameless life since.
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thanks for that information, I told my new employer on Thursday morning about what i had done, (i started working for my recent employer in 2000 and was made redundant in October 2010, which is where i started with this other company, I started back working for them in 2012 up to current, they have asked for me to hand in my notice with immediate effect. This i haven't done as of yet. I am living a nightmare at the moment and really can not handle what everyone is throwing at me.