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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I work self employed on a building site as a bricklayer ,I

Customer Question

I work self employed on a building site as a bricklayer ,I have approached the site manager and asked him if they had any discontinued bricks I could buy , the manager replied leave it with me I will speak to the fork lift driver , I've approached the fork lift driver the next day and asked if we had any discontinued bricks he said I think there's 24 packs I asked the cost he said it's usually £50 a pack , I then txt the haulage company that the site uses to ask how many packs of brick can he carry on his truck and a costing of delivery from location to destination,I then went away and did the maths , I looked on eBay for bricks and Internet for cheap brick , they was the wrong colour or to far or not the right quaintitys 4 days later the forks driver then came back to me. And said we only had 22 packs of brick , I replied and how much is each pack he said £50 , I replied I ll have them all , will you take a £1000 he replied yes , I then arranged delivery with the haulage company I had previously spoke to they said the total cost would be £300 to deliver 22 packs of brick, the haulage company has then rang the building company and said we have a delivery from your site which has not come from the office , they tracked the vehicle and followed it to my house and took pictures of the brick , the driver then re loaded the brick I then payed the driver £300 and got a reicept , they then returned the brick , the site manager has denied any conversation with me . and the forks driver who is employed lost his job , me been self employed lost any contracts . We both got a a phone call from the police and gave a voluntary statement , got summons to magistrates ,we both appeared . Forks driver came under the breach of trust act, I didnt , due to being self employed ,the value of 22 packs is £2970 , we are now going to crown , forks driver has no record , I have a caution for criminal damage 2003 ,if I get found guilty what will I be looking at ?, and what do you think the chances are of been found not guilty ? How should I plead ? I feel that everthing is against me! And what are the costs going to be for my barrister ?
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 what you have been charged with?

JACUSTOMER-hvbis7bv- : Theft
Alex Watts :

To the value of, the £1000?

JACUSTOMER-hvbis7bv- : The value of £2970 , the £1000 is what I was going to pay for them .
Alex Watts :

Ok. How come it has gone to Crown Court?

JACUSTOMER-hvbis7bv- : Because the fork driver was employed , breach of trust . It has gone to anther threshold
Alex Watts :

Ok - well if you are convicted then you are likely to get a fine or Community Order.

Alex Watts :

There is very little chance of risk of custody for this.

Alex Watts :

But from what you have said, it seems genuine for you.

Alex Watts :

If there is an issue it is between the employer and forklift driver.

Alex Watts :

But you thought it was genuine. The proseuction would have to show you were dishonest.

Alex Watts :

I don't think they can.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hvbis7bv- : I am just worried because I've never give evidence in court and don't no what I will be like
JACUSTOMER-hvbis7bv- : Do you know what the average barrister fees are ?
Alex Watts :

I can't say for sure, it depends how experienced etc. But you are looking at around £500 - £1000 for the day

JACUSTOMER-hvbis7bv- : do you think it will be resolved in the first hearing at crown ?and from what I've told you do you think I am guilty of anything ?
Alex Watts :

No. It will just be a plea and case management.

Alex Watts :

It will be listed for trial.

Alex Watts :

I dont think you are guilty.

Alex Watts :

Can I clarify anything for you about this at all?

JACUSTOMER-hvbis7bv- : I've already been to magistrates , and sent it to crown . So it will be adjourned for another date ?
Alex Watts :

yes it will.

Alex Watts :

The first date is a plea and case management hearing

JACUSTOMER-hvbis7bv- : Will I still get a fine or community order if I was found guilty , even with my caution for criminal damage in 2003 ?
Alex Watts : Yes
Alex Watts : that was some time ago
JACUSTOMER-hvbis7bv- : Would the reason for what the criminal damage get brought up
Alex Watts : I don't know the basis for that it's not clear
JACUSTOMER-hvbis7bv- : Would the background of the criminal damage and reson for it get mention
Alex Watts : your previous no.
Alex Watts : only for sentencing but it's so long ago it won't matter
JACUSTOMER-hvbis7bv- : Thanks that's all
Alex Watts : Great. If I could ask you to rate my answer before you go today please
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi , do you think I should plead not guilty ? Because if i do then it will increase the punishment , if i am found guilty
Expert:  Ash replied 2 years ago.
If you did not do it then plead not guilty. If you plead guilty you must accept the offence.
Alex