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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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There i had a interview under caution back in jan regarding

Customer Question

hi there i had a interview under caution back in jan regarding benefit fraud since then they have interviewed my father in law were he confirmd that my husband was staying there . ive just had a letter saying that the senior officer has recommended that i am prosecution is considered . when me and my husband was apart he spent a big chunk of his time here with our son to try and keep and good father son bond going. i also carryd on dealing with his finance's as he was working in the day he never had the chance to pay his bills he use to transfer most of his wages over to my account so i could do this for him . he also use to help pay my credit cards and catalouge . also if i was struggling for money he always said to me to help myself because he dident want our son to suffer . i dident think i was doing anything wrong and because the money he gave me was to help pay the day to day bills and not to go out with i dident think i had to say anything . looking back now i can see how it looks . ive had overpayment bills come through which we are paying off at 400 pound a month . now with the chance of prosecution and no money to seek legal advice i dont no what to do . if this does go to court which it looks like it will what is the most likely outcome ???
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking what sentence you will get ?
Customer: replied 1 year ago.

in a word yes

Expert:  Jo C. replied 1 year ago.
Ok.
How much is the overpayment?
Customer: replied 1 year ago.

about 20

Customer: replied 1 year ago.

ive never been in trouble with law before if that would make a differnce

Expert:  Jo C. replied 1 year ago.
£20k?
Customer: replied 1 year ago.

yer about that

Expert:  Jo C. replied 1 year ago.
How much have you paid back?
Customer: replied 1 year ago.

we have been paying back since nov time last year

Expert:  Jo C. replied 1 year ago.
OK. How much is that roughly?
Customer: replied 1 year ago.

aprox 3200

Expert:  Jo C. replied 1 year ago.
Thanks.
it is a large overpayment and they are probably saying it was a false claim from the start.
However, you have paid back a substantial sum which is always the best mitigation. By the time this is sentenced you will have paid more.
If you have no relevant convictions then that will also be helpful.
The sentencing guidelines do include custody but that won't happen here. Even if a court feels custody is inevitable it would be suspended.
I would have expected a low to medium level community order. There is an outside chance of a fine but probably not something you can rely on.
Depending on your issues you may not be able to do unpaid work but there is always a curfew.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

so the chances are of me going down for this is very slim

Customer: replied 1 year ago.

what is a community order ???

Expert:  Jo C. replied 1 year ago.
You would not go to prison for this.
Customer: replied 1 year ago.

sorry to sound thick but what does mitigation mean . also when/if this goes to court will my farther in law and husband be called on . since im paying this money back and they most no what you have said about community order so y take it to court. also can they see what is being payed back ( ive workout what community order is )

Expert:  Jo C. replied 1 year ago.
I'm not sure how to express it differently. Things that mitigate the offence.
If you are pleading then nobody else should be called upon.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

with me paying the money back are you saying that i have admitted to fraud

Customer: replied 1 year ago.

i dont understand if they know that im paying this back at such a large amount each month what do they get out of taking me to court .

Expert:  Jo C. replied 1 year ago.
No, repaying it doesn't amount to an admission to fraud.
It is just an admission that it is money you should not have had but that doesn't prove dishonesty.
I think their view is probably that it is in the public interest that crime is prosecuted generally.
Customer: replied 1 year ago.

on the letter ive had sent to me it says in big letters recommendation to prosecute . it states that it has been passed to the prosecution division to examine and decide . what do you think the chance's of them saying no they are not going to prosecute and just send a fine instead .

Expert:  Jo C. replied 1 year ago.
There is a chance of that but you can't rely on it. This is a £20k fraud.
Customer: replied 1 year ago.

is there anything you could advise that would help if and when it go to court

Expert:  Jo C. replied 1 year ago.
The only really important point in mitigation is to repay the overpayment.
You can also collect character witnesses.
Customer: replied 1 year ago.

ok thanks what sort of things do they need to put in there

Expert:  Jo C. replied 1 year ago.
They can only tell the truth but usually they comment upon how reliable and honest they find you.

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