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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I was arrested by false representation in late DEC

Customer Question

I was arrested for fraud by false representation in late DEC last year, I was interviewed an released on bail, i went for a second interview after 2 months and got re bailed.
I made no comments what so ever on my interviews and was told by the officer that he will send everything to CPS in order to get an decision whether they are going to charge me or not. My bail date was set today and yesterday I was told by my solicitor that he has contacted the officer and the officer had said that he has not received any answer from CPS yet. I was on my way to the police station and then got a text message where I was told that I do not need to attend as they are going to re-bail me(I will get a new bail date the coming days).
I had a quick chat with my solicitor who said that the officer had told him that CPS think the case is complex and would need to see the officer face to face.
Now I just want a second opinion and wonder how I should take this.
I mean I was on bail for 2 months and I am sure CPS had enough time to make a decision by now?
Is it that they think its insufficient evidence and therefore delaying it or is it a bad sign?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It isn't really a sign either way to be wholly honest.
At least, it is obviously better than a situation where they take the view there is enough evidence to charge. But just because they haven't got enough evidence at the moment doesn't mean they won't at some point. CPS are in chaos at the moment essential because they neglect proper crime in favour of prosecuting nonsense like aged men who tried to kiss somebody a hundred years ago.
Fraud does tend to be heavily paper based so it isn't easy for a reviewing lawyer to assess.
Two months is nothing like a long time I'm afraid. The case law has confirmed much longer periods are acceptable with cases where there is a paper trail.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I understand,

It is a suspected fraud by false representation and gaining bonus of £25.000.

however the loss for the company was around £300.000.

What is the likely outcome for this if i was found guilty?

And is there any way of getting a potential sentence lower if you have family members who are very ill and just got a few years left?

Expert:  Jo C. replied 1 year ago.
You mean £300k?
Customer: replied 1 year ago.

Yes sorry, 300k was the loss for the company but personal gain was only 25k

Expert:  Jo C. replied 1 year ago.
I would brace yourself for a custodial sentence I'm afraid. The personal gain is on the low to medium side but the loss to the company is not.
Responsibility for relatives is a point of mitigation but may not change the outcome hugely unfortunately.
Customer: replied 1 year ago.

Ok I see, Do you know roughly how long jail time could it be?

Expert:  Jo C. replied 1 year ago.
It does depend on a number of variables.
However, if this remains a fraud then it would probably fall into category three and your culpability would be a or b because of the breach of trust and high impact upon the victim.
I'm afraid the starting point is likely to be 18 months although that is for a conviction after trial.
That is worst case scenario. Obviously I haven't seen the facts.
Customer: replied 1 year ago.

Conviction after trial?

can I get sentenced before trial or strike a deal?

Expert:  Jo C. replied 1 year ago.
I presume you intend pleading guilty?
That will attract one third credit.
Customer: replied 1 year ago.

Ok I see.

Thank you for that.

appreciate it

Expert:  Jo C. replied 1 year ago.
No problem. All the best

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