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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I was charged shoplifting but I I did

Customer Question

Hello
My name is ilda
I was charged shoplifting but I I did not steal
Was my friend who stole everything. I realised after she stole the first things and told her that I did not want to do it. If they caught her I would not cover food her. The value was £490. The security did not beleive me and we got arrested. I'm going to magistrates court. What will happen there.
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.
How did they come to arrest you?
Customer: replied 1 year ago.
They stopped us at the store and called the police
Customer: replied 1 year ago.
They crept us in police station until they interview us and then after the charge we were sent free and tell us the date to go to magistrates court
Customer: replied 1 year ago.
They stopped us at the store and call the police
I did not have anything stole ,just a dress I paid for.
They did not beleive me and I was charged at the police station. What will happen at the court. I feel so bad. Can not do any thing just keep thinking of it
Expert:  Jo C. replied 1 year ago.
Has she been charged?
Customer: replied 1 year ago.
Yes the same situation
Customer: replied 1 year ago.
I have ta add that I uh ave not been arrested before but she was arrested before for same thing which I did not know
Expert:  Jo C. replied 1 year ago.
Ok.
You will be asked to plead guilty or not guilty.
If you deny the offence then you plead not guilty. It will be set down for a trial on a date usually about two months in advance.
You will probably be asked which witnesses you want to call.
You will be able to see the duty solicitor which would be a good idea.
If you want to fight this then you should probably be going to the Crown Court.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
What if I say guilty I do not want to do all this is to long
Expert:  Jo C. replied 1 year ago.
Then they would probably sentence you to a fine.
But there will be costs of £85 and the victim surcharge.
Customer: replied 1 year ago.
Is it possible to go to jasil for that
Customer: replied 1 year ago.
Sorry I mean jail
Expert:  Jo C. replied 1 year ago.
Yes, it is but you won't here. Not on a first offence.
Customer: replied 1 year ago.
That I am afraid of only jail I can pwayvthe fine
Customer: replied 1 year ago.
Will I have a criminal record
Customer: replied 1 year ago.
I am afraid because was to much money.
Expert:  Jo C. replied 1 year ago.
You will if you plead guilty or you are convicted.
Customer: replied 1 year ago.
What do u mean convicted
Expert:  Jo C. replied 1 year ago.
Convicted of the offence - found guilty.
Customer: replied 1 year ago.
If I am found guilty on the crown court what can be the punishment and do I have to pay the charges
Expert:  Jo C. replied 1 year ago.
If you are convicted in the Crown Court then the punishments are going to rack up.
If you are going to plead you should do it at the Magistrates court.
Yes, you will have to pay costs.
I'm happy to continue with this but please rate my answer.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Can the punishment be jail at the crown court and what the criminal record will affect my life
Expert:  Jo C. replied 1 year ago.
Yes, it can.
Criminal records are generally to be avoided. They do affect adversely employment.
Customer: replied 1 year ago.
Will it be impossible for me to find a job or just in some areas
Expert:  Jo C. replied 1 year ago.
It depends what you do. There are lots of employers who don't check because they don't need to know.
However there are some that do I'm afraid.
Customer: replied 1 year ago.
I have finished AAT so I'm looking to be assistant accountant or a job in administration. Do they usually check. And can the criminal records be deleted.
Expert:  Jo C. replied 1 year ago.
They are going to check I'm afraid and a conviction for theft would be a disadvantage.
I'm afraid that will be a career changing conviction.
Customer: replied 1 year ago.
Can the criminal record be deleted. What are the jobs that don't usually check
Customer: replied 1 year ago.
Will the fact that I did not steal and they did not find me anything can help?
Expert:  Jo C. replied 1 year ago.
Not really. They are saying you were acting with her and that she did.
Customer: replied 1 year ago.
Can criminal record be deleted
Expert:  Jo C. replied 1 year ago.
No. It will always show on PNC.
It will always show on enhanced checking, show for eleven years on standard and a length of time on basic that will depend on the sentence.
Customer: replied 1 year ago.
hello again
sorry I can not stop thinking about my problem.
If I plead guilty at magistrates court will it end there or they will investigate more.
Expert:  Jo C. replied 1 year ago.
No problem. Remind me of the offence?
Customer: replied 1 year ago.
I was caught shoplifting with my friend
Customer: replied 1 year ago.
And I was charged and now need to go to magistrates court
Expert:  Jo C. replied 1 year ago.
They will probably sentence you immediately at the Magistrates court.
Customer: replied 1 year ago.
What this mean, I will get my punishment there
Expert:  Jo C. replied 1 year ago.
Yes, as I mentioned above.
Customer: replied 1 year ago.
What if I go to crown court and edo not win what will be the sentence ?
Expert:  Jo C. replied 1 year ago.
Probably a community order but the costs do rack up enormously. A lost trial would be in excess of £1k.
Customer: replied 1 year ago.
I was more worried about the criminal record which can affect my life. Is there anything I can do to avoid that
Expert:  Jo C. replied 1 year ago.
No.
Only to be acquitted. Even then the allegation will still show on your enhanced level DBS.
Customer: replied 1 year ago.
Sorry can you explain this to me please
Expert:  Jo C. replied 1 year ago.
The only way to avoid a criminal record is to be acquitted.
Even if that happens the fact that you have been accused will be revealed on your enhanced DBS check.
Customer: replied 1 year ago.
Dbs check means that the employers can see
Expert:  Jo C. replied 1 year ago.
Yes.
Customer: replied 1 year ago.
But if I plead guilty I can not avoid it?
Expert:  Jo C. replied 1 year ago.
That is right.
Customer: replied 1 year ago.
Is there any way that if I plead guilty I can cancel the criminal record for example paying a fine or something
Expert:  Jo C. replied 1 year ago.
No, as I have said.
If you plead guilty you will have a record.
Customer: replied 1 year ago.
When employers do CRB check is it going to show what the offence is or just going to show that I have a record
Expert:  Jo C. replied 1 year ago.
No, it should show the offence. Otherwise it shouldn't show anything at all.
It would be prejudicial to just say that you had a record.
Customer: replied 1 year ago.
Will this record affect my husband or my children at alk
Customer: replied 1 year ago.
At all
Expert:  Jo C. replied 1 year ago.
It is possible that it could be disclosed if they are enhanced checked but it is very unlikely. That isn't really for this type offence.
Customer: replied 1 year ago.
What this mean? I am more worried about my children
Expert:  Jo C. replied 1 year ago.
Yes, it is possible but not likely.
Customer: replied 1 year ago.
If it happen how can this affect my children
Expert:  Jo C. replied 1 year ago.
It isn't really likely to happen because it is not likely to be relevant to their applications.
Customer: replied 1 year ago.
Hello again
I just read on internet about expungement of criminal record. What is that. Can I try that
Expert:  Jo C. replied 1 year ago.
No. It doesn't exist in the UK.Criminal records last until your 100 birthday.It is revealed on enhanced forever, on standard for 11 years and on basic for one or five years depending on sentence.
Customer: replied 1 year ago.
Hello is ilda again. To remind you I was caught shoplifting with my friend. To be clear she stole everything I just happen to be with her. Anyway when they caught us they said she was was arrested for stealing and I was arrested for assisting her. But they wrote on the papers that I stole goods with her. Is the charge of stealing the same as a charge for assisting.
Expert:  Jo C. replied 1 year ago.
Yes, it is the same charge.
They are saying the offence was committed by both of you.
Customer: replied 1 year ago.
But I did not steal anything , they checked my bags. I explain that my friend did this without me. Doesn't this change things. Doesn't it count that I did not have anything stolen
Expert:  Jo C. replied 1 year ago.
Not necessarily.
It depends whether you assisted in some other way.
And whether they believe that you did not.
Customer: replied 1 year ago.
But if stealing and assisting is the same charge why did they say that I was arrested for assisting her. Why didn't they say you are both arrested for stealing
Expert:  Jo C. replied 1 year ago.
Because that was the choice of words they used. It doesn't change a legal fact.
Customer: replied 1 year ago.
What do you advice me to do on the magistrate court, plead guilty or not guilty. Do I have any chance to win if I plead not guilty
Expert:  Jo C. replied 1 year ago.
I haven't had vision of the evidence so can't really say.
See the duty solicitor in court and follow his advice.
Customer: replied 1 year ago.
If I plead not guilty and then loose the case, is it just the fine that will go up or I can go to prison?
Expert:  Jo C. replied 1 year ago.
As I have said, the sentencing guidelines do include custody. It will not happen on a first offence.
Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.