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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6754
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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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: 8 months ago.
Category: Law
Expert:  Michael Holly replied 8 months 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, Solicitor
Category: Law
Satisfied Customers: 6754
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Michael Holly and 2 other Law Specialists are ready to help you
Customer: replied 8 months 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 8 months 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 8 months ago.
Thank you, ***** ***** eased my mind, I'm grateful
Expert:  Michael Holly replied 8 months ago.

You are welcome

Michael

Customer: replied 8 months ago.
Dear ***** I have received this email today,
Regards
Customer: replied 7 months 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 7 months ago.
The email from NRW
Customer: replied 7 months ago.
Are you receiving these emails, or do I have to start a new topic or request
Expert:  Michael Holly replied 7 months 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 7 months 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 7 months 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 7 months ago.
Thank you very much, appreciate the answers
Regards
Angela
Customer: replied 7 months 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 7 months ago.
Hello Michael
If I did plead guilty to receive a caution would I be liable for court costs Angela
Expert:  Michael Holly replied 7 months ago.

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

Michael

Customer: replied 7 months ago.
Hello Michael, so how would that work if I am abroad for a few months,
Regards angela
Customer: replied 7 months 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 7 months 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 7 months ago.
I am an elderly woman and have been under the doctors for stress
I just want an end to it
Customer: replied 7 months ago.
I am not guilty but I don't want the stress of going to court etc

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