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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, i have just received a letter stating that i am being

Resolved Question:

Hello, i have just received a letter stating that i am being taken to court, because of claiming benefits whilst working, i have pleaded guilty back in April and they informed me i could pay it back each month, which i have been doing, but now they have decided to take me to court, i am worried out of my life as i didnt think was going to happen, am i entitled to legal aid?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How much was the overpayment? Who did you plead guilty to?

Customer:

Hi Alex, £19,000 i pleaded guilty to department of works and pensions

Alex Watts :

Ok, directly to the DWP? Did they offer you a caution or anything?

Customer:

yes they did, they interviewed me at a jobcentre

Alex Watts :

Did they caution you though? Was it a formal caution you had?

Customer:

yes, they taped it

Alex Watts :

But they offered you a formal caution?

Alex Watts :

And you accepted?

Alex Watts :

That is different from admitting the offence

Customer:

yes afraid so

Alex Watts :

Yes to which?

Customer:

accepting a formal caution,

Alex Watts :

Ok.

Alex Watts :

Then your Solicitor when it goes to Court can say that the matter has been dealt with. This should stay the proceedings

Alex Watts :

If you accepted a caution that should be the end of the matter

Alex Watts :

If it turns out you did NOT accept a caution and just admitted it then yes, they can prosecute you.

Alex Watts :

But you can get legal aid and your Solicitor can ask for a stay of proceedings

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you very much

Alex Watts :

Can I help with anything else for you today?

Customer:

no i think i have covered everything

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply and have a good Sunday

Ash and other Law Specialists are ready to help you