20k plus benefit fraud case

Simplelittlelife

Hello I'm wondering if anyone is able to help me, I know a lot of you are going to judge me once you hear what I have to say and I'm sorry and doing everything I can to fit it.
From2014 - 2018 I was claiming esa and housing benefits even tho I am married - we lived together on and off and with my mental health being in such a state I never called them to let them know when they were back. We finally got back fully last year and I stopped claiming next thing I know I've got a letter saying I need to attend court as I'm being charged with fraud - I fully hold on my hands up to it and I'm already paying back the money that I owe. I never attended one interview under cation as my mum was dying and at the time that was my main concern. Now my question is for how much I owe and over how long what's the chances I will face prison? I'm fully accepting all the fault is on my side and I don't deserve the money and paying it all back but in so scared of going to prison. I've never been in trouble before. Any advice would be so helpful as this isnt helping my mental health which is still a bit unstable. Thank you x

poppy12345

As you're already paying it back that may go on your side but i'm only guessing here. I really wouldn't like to say but wish you good luck.

Alice_Holt

Can you get legal representation?

Comms69

Get a solicitor; asap. They will receive disclosure from the prosecuting authority and will be able to advise you.

WhenIam64

If you want to look up the tariff for your case, you can check the recommendations given out by the Sentencing Council

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/benefit-fraud/

Suggest you see if you can get support or advice.Looks like Category 4 / Culpability C which could be a community order as you have fessed up and paying it back. But courts are fickle.

MedSec27

If you say that you are being prosecuted for fraud, get yourself to a criminal law firm, one that has a franchise for legal aid as you may be eligible for Legal Aid/defence assistance. Anyway lots of firms will give 30 mins free legal advice. As the previous post states the Prosecutors will have to give disclosure to your legal representative

Simplelittlelife

I have my 1st meeting with a lawyer tomorrow - I've never been so ill in my life and I know it's all my fault x

Comms69

Simplelittlelife wrote: »

I have my 1st meeting with a lawyer tomorrow - I've never been so ill in my life and I know it's all my fault x

Realistically your best bet will be guilty at first opportunity + mitigation. Solicitor will be vital for this.


Assuming it's mag's court, I wouldn't worry about a custodial sentence. It would be outside the scope of the sentences guidelines.

Simplelittlelife

What do you mean by they need to give my representation disclosure? Will my lawyer be able to tell me tomorrow at our 1st meeting if I will go to jail? I thank you all for your replies x

Comms69

Simplelittlelife wrote: »

What do you mean by they need to give my representation disclosure? Will my lawyer be able to tell me tomorrow at our 1st meeting if I will go to jail? I thank you all for your replies x

No. I can guarantee you that they wont tell you that.


The prosecutor will need to provide your solicitor with evidence. Without it your solicitor cannot advise you. He or she may indicate what they would expect you to receive, but there's absolutely no guarantee.


You've said you're being prosecuted for fraud, but there are different offences which can be prosecuted for this - so it's difficult to say for sure without that info.


If you plead guilty at the plea hearing - that's more than likely the end of it. You will receive a 30% discount on your punishment;


I believe it is likely to be a community order. 200 hours - discounted to 140.


Even if you get a custodial sentence, it would be very likely to be suspended.

MedSec27

I wish you all the best of luck and let me know how you get on