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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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My son has received a summons to attend court for a charge

Resolved Question:

My son has received a summons to attend court for a charge of theft of £2800. When he was questioned under caution, he admitted straight away that he had taken £300 over 3 occasions following a dispute over holiday pay with his boss. Should he plead guilty or not? He does not dispute that he stole, for which he is very remorseful but not the sum stated. He had no contract of employment at this shop, was paid in cash and has since left and now works for the prison service so if he gets a conviction he has to resign. He is 23 and has never been in trouble before
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If you son took th e money because he believed he was owed the money byt hr obiss these is the possibility that he is not guilty.

LondonlawyerJ :

In otder be guilty of theft ther must be dishonesty as well as the taking of something belonging to another.

LondonlawyerJ :

Thelegal definition of dishonesty is set out below.

LondonlawyerJ :

Dishonesty is a two-part test : Were the accused’s actions dishonest according to the ordinary standards of reasonable and honest people? and if so, did the accused know that those actions were dishonest according to those standards?


LondonlawyerJ :

It would be sensible or you Son to see a solicitor before the hearign and to be represented in court. He probably woudl not be entitled to legal aid and would be unlikely to get free help from the duty solicitor at court for this case but with so much atstake

LondonlawyerJ :

he should be represented.

LondonlawyerJ :

I am surprised to see a bad service rating. What have I done or not down that has displeased you?

Customer: I am so sorry. I am on a train and clicked the rating my mistake. I will change it now. He knew that taking the money was wrong and he is in bits. He will apply for legal aid but I will pay for him to be represented if his application is unsuccessful. He could just really do with some guidance to get him through the next couple of weeks. The court date is 26th June.
LondonlawyerJ :

In terms of the values. He should probably plead guilty but not accept the values alleged. His solicitor will need to negotiate with the prosecutor to try to persuade them to agree to accept this. If he is unable to get agreement there may be a hearing to ascertain the amount taken rather than whether anything was taken.

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