Any Legal Advice Please?

guilfoyle

Hi all

Im not sure if this is the correct forum to post this as I am a relatively new poster on this site, but I do not know what else to do.

In January 2007 I did something of extreme stupidity, I altered my young persons rail card as it had expired. The first time I came to use it I was caught. I gave over my details apologised profusely and admitted all guilt.

This morning I received a letter from the rail company with a court summons on it, it says what I did and contains a witness statement from the ticket inspector who caught me. It says if I admit guilt by absence I will have to pay £120, plus £180 compensation for the £4 I saved, I will receive a criminal record and will receive a fine off up to £1000 or 3 months in prison. I have never done anything like this before and I am extremely worried.

What should I do? Should I seek legal advice? Has anybody managed to do anything similar or as stupid as me?

Many thanks for any help anyone can provide

WiseOldBird_2

Best thing for you to do is attend court and plead guilty.

The figures quoted by the Rail Authority are maximum amounts you can be fined. What will happen is that when you arrive at court you should be given a 'means form' to fill out (at least that's what happens in our court), where you list all your incomings and outgoings so the court has some idea of what you are able to pay. The bench will take into account any mitigating and aggravating factors. Mitigating: only small amount of money involved, only used once, etc. Aggravating: if you used the card a large number of times, if it was a lot of money involved, etc. Then they will look at your record, if you had a record of this happening before then they would fine you more heavily. If you have a clean record then they will take that into account.

Also they are in law obliged to reduce your fine/sentence up to one-third if you plead guilty at the earliest possible time. If your means are very limited they can choose not to award costs. The Rail Authority will have to justify why they are claiming £180 compensation for a £4 fare! (well they would to me anyway!).

If you can attend the court in person then you will have an opportunity to put your case. What will happen will be that the court clerk will identify you and ask for your plea (guilty). Duty solicitor will put his case (he will also say how much they are claiming in costs in compensation - it may not be as much as you were threatened with) then you will be asked if you have anything to say in mitigation. I would say something like:

"Ijust wanted to express my regret for this incident. I only did it because.... (try and be honest and say why you did it - could be that you needed to get somewhere, or you just didn't have the funds and you needed to get somewhere, etc.). Then say something like "I know this is no excuse and I would like to apologise to the court". "I have given in my means form and as you can see I have very little money left after any outgoings and would hope that the court will take this into account when you pass your sentence, also that I pleaded guilty at the first opportunity. (If the solicitor states that compensation is £180 I would also say that you are querying this amount as the fare was only £4).

It is impossible to say what the final outcome will be because I don't know your means and also you could have 6 different benches and end up with 6 different outcomes! But it should be nowhere near what the rail authority have quoted if you're on a limited income.

Don't be overawed by the court as so many are, just state your case. Most benches and legal advisors are very kind and understanding (but fair!) not only to the Rail Authority but to you as well.

Good luck! Let me know if you need more help.

ps. I'm a magistrate.