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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7928
Experience:  Owner at James Bruce Solicitors
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Hiya I've got a case against me for FRAUD due to taking

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Hiya I've got a case against me for FRAUD due to taking money out of someone's account and ordering items using their bank card.
JA: Where are you? It matters because laws vary by location.
Customer: I'm from workington cumbria
JA: What steps have you taken so far?
Customer: So I got arrested last year, but I technically denied all charges in my interview as I panicked and couldn't have a lawyer in with me face to face
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes so this is my first criminal offence They have all the evidence they need to charge me And I have to do a voluntary interview
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Customer: replied 9 days ago.
Thank you.

When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Customer: replied 9 days ago.
I'm mainly wanting advice on what the outcome of the situation will be as I am a first time offender
Customer: replied 9 days ago.
What would the outcome possibly be of this situation for a first time offender?

How many times dod you use the card and what it the total value of the fraud

Customer: replied 9 days ago.
I used it twice to purchase something and I'm sure it was roughly £300 for when I took money out of the atm

Then for small number of times and low value you will be looking at a fine and a community order, that is like probation.

Customer: replied 9 days ago.
Perfect so how much do you think the fine would be?
Customer: replied 9 days ago.
Also I'm saying it was roughly £300. However, it could've been between £300 & £600 so what happens if it was roughly £600?

That amount makes no difference.

Fine would be around 100-150% of average weekly income. The court would decide that

Customer: replied 9 days ago.
No worries

Can I assist or clarify anything further?

Customer: replied 9 days ago.
What would make the judge send me to jail?
Customer: replied 9 days ago.
what happens about the fact that I lied in my statement when I first got arrested? Could they do anything to me about that?

Sentencing guidelines would state no custody time

The statement makes no difference just plead guilty at court get max credit for guilty plea.

Customer: replied 9 days ago.
Thank you so much.

your welcome.

Can I assist or clarify anything further?

Customer: replied 9 days ago.
Do I plead guilty when I go to my voluntary interview?
Customer: replied 9 days ago.
Also what would happen if I plead guilty when I go to give my voluntary interview?

No, admit the offence at the police station, then plead guilty at court.

Customer: replied 9 days ago.
Thank you. So what would happen if I plead guilty at the police station?

You will likely be charged to court or rather a summons to attend court, where you then enter your plea.

Customer: replied 9 days ago.
How long can a court date usually take?

Cant say but within the month

Customer: replied 9 days ago.
Thank you so much. So I definitely won't be going to prison?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

no prison

Customer: replied 9 days ago.
definitely no prison?
Customer: replied 9 days ago.
Also with community service can I still work?

As I explained it is not a custodial level;

Yes you can work

james bruce and other Law Specialists are ready to help you
Customer: replied 9 days ago.
I'm so sorry for being a pain thank you so so much

Not at all, it is understandable you are worried.

The worst is over, admit and get credit is the best thing.

Customer: replied 9 days ago.
definitely. I do have a reason as to why it all happened and why would you be able to give me advice on that and tell me if it would help my case quickly please?

You can explain that to court as mitigation, so they understand,

Customer: replied 9 days ago.
No worries thank you. Also, how do I keep my name out of the papers such as times and star, Cumbria crack etc?

You cannot. If the press are in court and fell like reporting the case then they can and will

Nothing you can do about that.