20k plus benefit fraud case

Simplelittlelife

Back from lawyer they said we are going to go to court and ask for it to be deferred and get backgrounds checks. They still have no idea what way it will go. Might have to see a criminal social worker! My metal health is not holding up x

MedSec27

Hold on in there, at least you have made the first step and gone to see a Solicitor and they have agreed to represent you, and that is a positive for you. Best of luck to you.

Comms69

Simplelittlelife wrote: »

Back from lawyer they said we are going to go to court and ask for it to be deferred and get backgrounds checks. They still have no idea what way it will go. Might have to see a criminal social worker! My metal health is not holding up x

Please pause. there's so much wrong with that.


1. There is no reason for an adjournment. (deferred is not the correct terminology)
2. Yes I can believe that they have no idea how it will go, as they haven't had disclosure - as I mentioned.
3. There is no such thing as a criminal social worker. Doesn't exist.


You should decide now whether you want to fight this and risk a higher sentence.


Or guilty on day 1, and accept a guaranteed but lower sentence.


I don't think this solicitor was qualified to represent you; or there was confusion in the information provided

Simplelittlelife

I've explained to my lawyer that I want to pleady guilty - she wanted to checked that the amount is correct but I know it is, so don't want to waste time with that, lawyer she she wants to get it adjourned for back ground checks as she want to show that I've never had a criminal record or anything like that, the criminal social worker she explained would maybe be able to help me get a community payback order instead of prison time, She has adviced me to find a chunk of money over the weekend and see if I can pay some off as it will go in my favour with the judge, I don't want to spend to much time with her as I'm not getting legal aid ( husband has too much savings) I hope this makes alot more sense than my last post x

[Deleted User]

Not such thing as a criminal social worker, you mean a probation officer?

ev8

Let the lawyer check the amount.
You said you had an on off relationship, so there were times you were living alone and separated, there may be something there that reduces the amount? I'm not sure, but the lawyer will know what they're doing so let them.

sleepless_saver

_shel wrote: »

Not such thing as a criminal social worker, you mean a probation officer?

Maybe she's in Scotland where there are criminal justice social workers, not probation officers.

Comms69

Simplelittlelife wrote: »

I've explained to my lawyer that I want to pleady guilty - she wanted to checked that the amount is correct but I know it is, so don't want to waste time with that - that's all fine. But you still plead guilty. , lawyer she she wants to get it adjourned for back ground checks as she want to show that I've never had a criminal record or anything like that - she can say that. you don't need evidence of that. The prosecution aren't going to object. , the criminal social worker she explained would maybe be able to help me get a community payback order instead of prison time - no such person exists. if you mean probation service, you'll speak to them if the magistrates consider custodial sentence. , She has adviced me to find a chunk of money over the weekend and see if I can pay some off as it will go in my favour with the judge, I don't want to spend to much time with her as I'm not getting legal aid ( husband has too much savings) I hope this makes alot more sense than my last post x

No it doesn't make sense, so i'll go through how court works and hopefully you will understand better then the process.


1. On the day of your plea hearing, you will arrive at 10am at the mag's court. You will sit there for several hours as remand cases (those people who have been arrested and brought before the court) are heard first.


2. When you enter you will be told the charge and asked how you plea. Assuming you say guilty (and realistically all the evidence already points to this) that is it. The prosecutor and the defence will each speak. The prosecutor will provide background to the case, ie You did wilfully commit X offence, causing £X to be unlawfully paid to you blah bla blah.


Your solicitor will then provide mitigation, in summary:
1. You have mental health issues which were exacerbated by your on and off relationship with your husband.
2. You have children to look after
3. You have already started paying back the money
4. You are of good character - ie first offence.
5. Anything else that is relevant which basically says "I'm a nice person that made a terrible mistake"






3. The magistrates will stand up and leave. They will discuss the sentence - for about 5-10 minutes. Then they will return.


AT THIS POINT: if a custodial sentence is a possibility they will order reports to be done with probation. (I assume that is the criminal social worker). These might be done same day or might be scheduled for a week or so time. - WHATEVER YOU DO, ATTEND!


Once reports are done you will come back for sentencing. The magistrates - if they decide to give a custodial sentence, MUST consider suspending it.


I honestly cant see it going beyond t a community order. Having looked at sentencing guidelines a custodial sentence would be quite outside the norm. And not suspending it for a first time offender almost unheard of.


You should relax. (your solicitor sounds incompetent)

Comms69

sleepless_saver wrote: »

Maybe she's in Scotland where there are criminal justice social workers, not probation officers.

perhaps but we've all mentioned magistrates in our answers and she hasn't corrected us to say sheriff

Simplelittlelife

I am in Scotland sorry I didn't say that - keep forgetting that there is different terms used. It's a sheriff court I have to attend - again I didnt understand there was different types of courts it's all brand new to me I thank you all for all your help I hope you know I appreciate it x