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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A relative is about to come out on Tag serving half of 9 months

Resolved Question:

A relative is about to come out on Tag serving half of 9 months for burglary. The police now want to talk (not charge) to him about 2 other burglaries. What would be the worst/best outcome if found guilty?
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 : For now please let me know whether any of these are private residences or commercial?
Alex Watts : what previous does he have?
Customer:

I have no further details. He was sentenced in November for burglary and it was his first offence he has no previous and has had extremely positive reports from the Govenor and Chaplain of Ford. He has now been taken to Winchester to await questioning.

Alex Watts :

Ok - well he could be recalled at any time as you may know.

Alex Watts :

Assuming he is guilty then he would serve a new sentence in prison.

Alex Watts :

If this is a commercial burglary it is not as serious as a dwelling house burglary.

Alex Watts :

Dwelling house you have 3 strikes and you are then taken to prison for a very long time.

Alex Watts :

But in reality if he is charged he will be recalled and remanded in custody

Alex Watts :

Without knowing the specifics it is hard to say how long he would get if convicted.

Alex Watts :

But it may be it is nothing to do with him in which case he does not need to worry.

Alex Watts :

I am sorry that I can not be specific as I don't know the details and whether its dwelling or commercial which makes a difference.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

EXTRA INFORMATION FOR FREE: You can download the sentencing guidelines here which show you what the sentences and ranges are for private/dwelling:

Alex Watts :

https://www.sentencingcouncil.org.uk/publications/?type=publications&s=&cat=definitive-guideline&topic=&year=

Customer:

If he is questioned but not charged before his tag date in April could he be released then re-arrested, or would he remain in custody awaiting trial?

Alex Watts :

He can only be remanded if charged.

Alex Watts :

Of course he could be recalled at any time though

Alex Watts :

Does that clarify?

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