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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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Dear Solicitor, I have been accused for fraud by false

Resolved Question:

Dear Solicitor,I have been accused for fraud by false representation namely details on documentation supporting compensation claims on 15 charges.If I can demonstrate that at least in 6 charges the evidence have been altered (for example it is not my signature), is there a possibility that all the 15 charges are dropped on the ground that the prosecutor is not reliable?Thanks in advance
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Can you explain the situation here in detail please?

Customer: replied 11 months ago.
Each claim is composed by 2 documents:
1) A form to fill by the claimer with a date and a signature by the claimer.
2) A print out of a bank transaction proving the sale with no signature.At least in 6 case, the handwriting in the form is clearly not mine.
In other case, half form is mine and the other half not, I suspect that by mistake I did not fill all and someone fill it changing the date and make my claim false.If I can demonstrate that at least in 6 charges the evidence have been altered (for example it is not my signature), is there a possibility that all the 15 charges are dropped on the ground that the prosecutor is not reliable?
Expert:  F E Smith replied 11 months ago.

Forensic examination of documents is not particularly accurate. With photocopies of documents, it is rarely possible to give an accurate indication. They must be originals.

If the originals are available, it is often possible to say beyond all reasonable doubt that a signature is not belonging to someone, but not to say that it does.

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.

FES

Customer: replied 11 months ago.
Therefore?
The original question remain:
“If I can demonstrate that at least in 6 charges the evidence have been altered, is there a possibility that all the 15 charges are dropped on the ground that the prosecutor is not reliable?”If Forensic examination of documents will state that without any doubt at least 6 charge have been not filled by me, will the other 9 charge drop?On the ground that can be filled or altered to make them false as well.
The court should judge under any reasonable doubt.
Expert:  F E Smith replied 11 months ago.

As you are aware, if part of a witness statement is deemed to be unreliable, it throws all of it into doubt.

With regard to the charges, it would depend whether there was any dispute or evidence which suggested that the other charges were not reliable. There is a strong possibility that they would be dropped or thrown out by a judge but it is not by any means guaranteed.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank You, ***** *****

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