How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6933
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
12609314
Type Your Law Question Here...
Michael Holly is online now

I am living abroad for six months of the year, but in the uk

Customer Question

I am living abroad for six months of the year, but in the uk I was asked to attend court for illegal waste tipping, now there is an arrest warrant out for me, for not attendingI receive no post out here, but at home, I have not tipped, nor given permission for anyone to tip, I am shocked that a case was brought, my post is kept by a neighbor until I come home.
What should I do,
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

What has been issued is a bench warrant by a Magistrates Court as you failed to attend court on the given date.

Telephone the court and advise them you did not receive the summons and why. They will give you a date to attend when you can appear and enter your plea of not guilty.

Best regards

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply, we are due to go back to the uk in April 2017. Can the court demand I go home sooner.
Expert:  Michael Holly replied 1 year ago.

No, this is relatively small beer if you do nothing about it and get pulled over in the UK you would be arrested as it will show up on the computer.

Michael

Customer: replied 1 year ago.
Thank you, ***** ***** eased my mind, I'm grateful
Expert:  Michael Holly replied 1 year ago.

You are welcome

Michael

Customer: replied 1 year ago.
Dear ***** I have received this email today,
Regards
Customer: replied 1 year ago.
Dear *****,
I have written to the NRW, giving my side of the matter, now have received a reply, which they state if I plead guilty they will let me off with a caution.
I am sceptical as to why I should admit guilt when I am not guilty and what ramifications it will have for me.
Could they bring up the matter again, in a different guise.
Regards Angela
Customer: replied 1 year ago.
The email from NRW
Customer: replied 1 year ago.
Are you receiving these emails, or do I have to start a new topic or request
Expert:  Michael Holly replied 1 year ago.

Dear *****

A caution is appropriate where a person is technically guilty of the offence but morally not blameworthy. If you did not commit the offence at all then you do not have a plea in mitigation as they put it. A plea in mitigation are factors that explain and lesson the effect of the offence where it is accepted that an offence has been committed.

So again if you did not do it is not a plea in mitigation but a defence.

A caution is a telling off but it stays on the record

Best wishes

Michael

Customer: replied 1 year ago.
I understand, but if I plead guilty and are given a caution, can they then charge me with a variation of the same offence, which they point out that a second offence would lead to court
Also does a caution, involve a fine
Expert:  Michael Holly replied 1 year ago.

You need to make it clear that you will only agree to the caution if that is an end of the matter in respect of this incident and that there will be no further charges based on a variation of the theme.

A caution does not involve a fine

Michael

Customer: replied 1 year ago.
Thank you very much, appreciate the answers
Regards
Angela
Customer: replied 1 year ago.
Actually I did not write an email in mitigation of the offence, I wrote the court an email explaining the background to the offence, which was brought about by harressment and being reported by some of the neighbours.
Customer: replied 1 year ago.
Hello Michael
If I did plead guilty to receive a caution would I be liable for court costs Angela
Expert:  Michael Holly replied 1 year ago.

No, a caution takes place outside the court process , usually at the police station

Michael

Customer: replied 1 year ago.
Hello Michael, so how would that work if I am abroad for a few months,
Regards angela
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hello what I unsure of is if I plead guilty and receive a caution would I then have to remove the said rubble, this has been going on for 3 years now I want an end to it
Customer: replied 1 year ago.
I am an elderly woman and have been under the doctors for stress
I just want an end to it
Customer: replied 1 year ago.
I am not guilty but I don't want the stress of going to court etc