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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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I live in Scotland and have been charged with

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I live in Scotland and have been charged with missapropriation of funds to the value of £36 thousand pounds. I am a single mother with 3 disabled children one non verbal autistic and i myself am disabled. The funds were my mothers and i didnt take anything without her permission. Sadly she has passed away and cannot confirm this. I am so scared i might go to jail - my kids really need me
Customer: replied 1 year ago.
I have never been in trouble before and as far as i am aware all the police have evidence wise are my mothers bank accounts and some texts that were sent from my phone but i didnt send them.

Thanks for your question. I am a lawyer in Scotland. If you are convicted there is a good chance that the court will consider a jail sentence. However from what you say you didn't steal the money and your mother gave it to you. That being the case can you give me the background and why the police how and why the police became involved?

Customer: replied 1 year ago.
basically my mum was in hospital for 3 months before she passed. She went into hospital in october and after surgery she was doing really well and we thought she was going to get out of hospital. My mother all the time while she was in the hospital was doing the things she normaly would at home she made online transactions from her ipad etc and the hospital she was in had wifi. Basically she was doing really really well and then a week before the 21st of january she took a turn for the worst and passed away - it was very sudden because up until she was well could communicate with us she was doing everything she usually was. So when mum passed the first thing my brothers did was try to access her bank and when they seen that there was no money my half brother went to the police to report that i had stolen it basically. But my mother was in charge of her own finances. right up until the last week of her death. My brothers both have very good jobs and i am a single mother with 3 disabled kids - i dont know what my mum bought online and i didnt question it because it was my mums funds but sometimes she used to tell me to take some money for shopping or for the kids xmas stuff. My mother lived with me for a few years prior to her going into hospital and this was basically what we always did was help each other out. I never stole anything. If i get a jail sentence what kind of term would i be looking at and will that mean i will lose my house and kids? Im so Scared. I really didnt do anything wrong
Customer: replied 1 year ago.
The police have charged me with missapropriation between the period of august and january but my mum didnt even go into hospital until the end of october so i dont understand
Customer: replied 1 year ago.
Also i didn't have the bank card. At the time of my mother being in hospital there were 5 other people present in my house - my 2 brothers their partners my ex partner as well as my kids.

That doesn't answer my question as regards ***** ***** your mothers money. What did you receive, when and how? Did you get money from her? If so, how?

Customer: replied 1 year ago.
i didnt get the money. There was no cash actually given to me by my mother. No money went into my bank. It was basically and mostly online transactions
Customer: replied 1 year ago.
im sorry im not very good with understanding of things sometimes because i have autism and mental health disorders

Who did the transactions. The sum of £36000 is a lot. Please let me know as much info as you can

Customer: replied 1 year ago.
while in hospital my mother still had her ipad and was able to make online purchases and call people and use facetime as the hospital had wifi - her death really was unexpected, the week before she died was when she got really sick and thats when all the transactions on my mothers account stopped.My mother made the online transactions to buy things that she wanted for when she got out the hospital. It wasnt my money so i didnt feel like i had to question my mother, she bought things for her and things for her grankids and things for me too online. She didnt tell my brothers because she knew they were both the jealous and greedy type but the transactions were made by my brothers then basically told the police that my mum was "too sick" to have done any of these things online and that i must have made the transactions by pretending to be her.Which isnt true at all as my mum while in hospital was really well until the last week in january and could contact all us on facetime and talk and she had a text to speech device too so my mother made the transactions.Also they claim it was from between august and january but my mother didnt even go into hospital until the end of october and she always remained in full control of her finances.
Customer: replied 1 year ago.
I really just want to know if im found guilty how long am i likely to be sentenced to and how long will i serve. I have 3 disabled children whereby im their only carer, i have mental health issues and i am also disabled.

I do think that you have a good defence to all of this and that is what you should concentrate on by employing a good solicitor. However, if you are convicted you could face 18 months to 24 months. From what you have said, however, I think it unlikely that they would get a conviction. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
Is there a chance this sentence might be suspended on the basis that its a first offense and i am a single mother and carer of 3 disabled children?

Yes it could be deferred for good behaviour. But I think you should concentrate on defending on the merits as I think you would be acquitted.