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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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hi , today it was abad day for me, i waas caught for shop lifting

Resolved Question:

hi , today it was abad day for me, i waas caught for shop lifting in Debenhams, police took me to the station by handcuffs put on. Took my details and finger print. No wi i am worried as this happend when i was out of my concious.
The officer told that some times i will be contacted by the fiscal officer. Just wanted to know how it will effect my career and the stay in UK in future. Do i need to hire a solicitor. This is my first and last mistake that i will make.
Please advice
Submitted: 3 years ago.
Category: Scots Law
Expert:  Remus2004 replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you offer an interview without a solicitor?
Customer: replied 3 years ago.

They asked whether i need to get in touch with solicitor, but i told i dont know any of they. So the cops told that they will arrange it. They took me to the cell and took my details and then took my finger prints. One of the officer told that since you are doing it first time there are chances you to get rid of criminal conviction, but this entierly depends on the fiscal.

Expert:  Remus2004 replied 3 years ago.
Ok.
So were you interviewed?
Customer: replied 3 years ago.

in the police station. the charge put for me was fruadlent and shoplifting. Actually i am an engineer, i dont want to mess up with my career.

Expert:  Remus2004 replied 3 years ago.
OK. Thanks.
Would it be possible to tell me whether you were interviewed under caution?
Customer: replied 3 years ago.

I didn't understand what u mean by caution. the only thing that i know is they asked few details of mine in the cell. And after that the officer went out and he said some times the surgeon will be meeting you. the officer came and then told u have to do so, and afterwards my finger print and dan was taken. and he told that within 1 to 3 months of time i will be contacted by fiscal whether i need to attend the court or not.

Expert:  Remus2004 replied 3 years ago.
I am sorry. You are in Scotland which is not my area.
I should have noticed that immediately.
I will transfer this to Scots law for you.
Customer: replied 3 years ago.

please do that for me, pls

Expert:  JGM replied 3 years ago.
Thank you for your question.
From what you say you were processed and released. The police will send a report to the a procurator fiscal who is the prosecutor in Scotland. He will decide whether or not to take the case to court.
If you are a first offender, and this is a fairly minor matter, it is very possible that the case will be dealt with by way of a fiscal fine or even just by way of a warning. If you get either of these I would suggest that you accept it as, provided that nothing else comes to the attention of the police within two years, you will never have a criminal record because of this.
It is entirely up to the fiscal what he does but you should not assume that you will have to go to court over this.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Suppose if it goes to the court, what is the extreme situation that will happen to me. As i want to let you know that i am under tier2 visa expiring on Jan 2017 and again i will reapply by on 2017. Will it have avery bad negative impact on my immigration and on my career.

Expert:  JGM replied 3 years ago.
The worst situation if it goes to court is a fine. You would have to disclose the conviction on your visa renewal. I don't think it would affect the renewal as it's a minor offence for which you appear to have mitigation.
Customer: replied 3 years ago.

Actually i don't want any convection to come under my name, is it ok if i hire a criminal lawyer. Is there any way that they could get me out of this.

At the same time the police officer told me that the fiscal contacting you could take about 3 months. Is that true?

Expert:  JGM replied 3 years ago.
Yes, you can hire a criminal lawyer to represent you.
The fiscal could take three months or more depending on pressure of business in the particular area.
Customer: replied 3 years ago.

please note that the amount of shop lift was about 200GBP and at the same time i have swapped the tag. The charge that the police take is Fruadlent and Shoplifting.

Are these above statement is considered by you.

Expert:  JGM replied 3 years ago.
Sorry, the impressionI I got was that this was a single small value item. This will go to court and you will be fined if you are convicted. I suggest that you hire a criminal lawyer as soon as you get the court papers through.
Customer: replied 3 years ago.

Sorry to bother you again.

Does the fine going to be high- approx range?

Does it will make significant impact on my visa processing in future?

If the fine is paid and every thing goes well for 2 years, will this conviction will be erased from the database?

Does this issue going to be a long process? and will it effect my career?

Expert:  JGM replied 3 years ago.
The fine will depend on your income but would typically be around £200.
Whether it affects your employment will depend on your employer and whether your employer finds out.
The conviction is never erased from the database and will have to be disclosed on your renewal application. This will result in an interview but if you have a responsible position it will not necessarily result in a refusal.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

hi r u still thr

Expert:  JGM replied 3 years ago.
Yes