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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Help!! DH has been charged with theft

49 replies

Donnasheppherd9 · 22/10/2013 19:55

DH has been charged with theft as is due to appear at the Magistrates Court. I am not coping well at all. He has been on bail for months. The amount is around £500. These were all mistakes and most of it has been questionable as the money is alleged to have been taken from elderly ppl but with no or little evidence. I am self employed and DH was working for me and we work with the public. I do not know what to do and would really appreciate some advice.

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Onesleeptillwembley · 22/10/2013 19:57

If they have charged him they must have enough evidence to think its worth pursuing. Also you mention 'people' so more than one. Maybe you need to prepare for the worst.

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lucidlady · 22/10/2013 19:58

Have you had legal advice?

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solveproblem · 22/10/2013 20:00

In what way was it a mistake? Urey if it was an honey mistake he'll just have to explain what happened?

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QuintessentialShadows · 22/10/2013 20:00

How can he have stolen by mistake?

You (and your dh) dont come across very well. It reads as he has stolen from elderly and vulnerable people, in his line of work, working for you.

I think you, your husband and your business need legal advice?

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LIZS · 22/10/2013 20:01

If he works for you who has he taken the money from and who has reported him, if not you . Presumably CPS thinks there is a case to answer :(

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PortoFiendo · 22/10/2013 20:03

You need proper legal advice, not MN advice. It sounds dodgy as hell to me. How can we help really?

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Donnasheppherd9 · 22/10/2013 20:07

I have had legal representation for when the police wanted me to attend a voluntary interview. the solicitor was happy that I came across as being a honest person; which I am. At the time of these alleged offences taking place I was on maternity leave so was not working and DH was helping me with our newborn (was up most nights with me as i was suffering baby blues and had suffered from post natal depression with my oldest child) as well as running another business. That's it though; no money was ever taken... It's only alleged to have been taken.

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29chapel · 22/10/2013 20:09

Citizens Advice?

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Donnasheppherd9 · 22/10/2013 20:10

He has a meeting with the solicitor that represented me at the end of the week. I just wanted an idea on what is likely to happen? :(

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Blu · 22/10/2013 20:17

Your MN user name isn't your real name is it?

Hopefully his solicitor will be clear and helpful.

Are you / and your DH able to explain and demonstrate that there was a mistake and no money was taken?

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Donnasheppherd9 · 22/10/2013 20:29

No name is not real.
Yes we are able to fully explain; I even gave examples in the police interview of when elderly ppl have left money behind and forgotten or asked for an amount and it be given but later said they didn't want that amount. I have got receipts and other info to back me up... They were not interested in the interview about the stresses of working environment and about the way the system is; mistakes can easily happen. I even gave a customer £400 accidentally once without them withdrawing it as I counted it out first to make sure I was there and then forgot to get them to withdraw it; thankfully they pointed the mistake out to me. Obviously I don't rly want to mention where I work but can say its financial services... The police didn't seem interested. They were only concerned with the alleged offences.

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Donnasheppherd9 · 22/10/2013 20:31

*make sure it was all there as I was running low in cash

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OcadoSubstitutedMyHummus · 22/10/2013 20:37

Toi be honest I don't really follow what you're saying.

What he needs to have for the solicitor is a VERY clear explanation of why he has not done what he is accused. On an allegation by allegation basis.

He also needs to understand what evidence the police/CPS have of the allegations - they must have had some in order to charge him and I can't imagine the police didn't ask him about it when questioned.

He then needs to ensure that he has proper representation when he appears in court.

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Chubfuddler · 22/10/2013 20:37

I deduce from what you say that you are a sub post mistress.

The PO are all over the accounts of these like a rash. I'm afraid your confidence in your husband may be misplaced.

Alternatively if both you and he have made significant errors handling cash then really this line of work is not for you.

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wetaugust · 22/10/2013 20:38

You're not describing any financial services that I'm familiar with when you say -

'I even gave examples in the police interview of when elderly ppl have left money behind and forgotten or asked for an amount and it be given but later said they didn't want that amount.'

What's ^ that all about?

As you have a legal advisor I'm sure they will have mentioned that your DH could elect to be tried before a jury in a Crown Court if he is facing a theft charge. He would then have the opportunity to explain these (bizarre) transactions to a group of his peers.

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Chubfuddler · 22/10/2013 20:38

And in terms of advice as to whst your husband should do, I would say ocado is spot on.

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Bahhhhhumbug · 22/10/2013 20:39

So you're a pawnbroker or a money lender maybe ? and you want sympathy on here .

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Donnasheppherd9 · 22/10/2013 20:40

Also we do not have a good relationship with this particular police force as when they wanted to investigate one of those offences they had asked me for some info which they said was for purposes of something that had happened outside my business then later I found out they were actually investigating us. The police are obviously not allowed to do this as they have to tell you what they require the info/equipment for..??? In the end I made a complaint and this alleged offence was dropped and I was apologised to but now it is all being brought up again. I was also a victim of hate crime recently and it was not fully investigated as for them to get offenders details I had to give it to them.. I clearly was not going to do this as this would be me breaking the data protection act.

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Chubfuddler · 22/10/2013 20:42

I don't think anyone here can really help you in a meaningful way. Your posts are very jumbled and confused. Believe me I am good at teasing out strands of a story from people, but you have me baffled.

You, or rather your husband, needs to write down in chronological order exactly whst he can remember of the incidents in question, times, dates and names if he can. He needs to discuss it fully with his solicitor. If he hasn't got one already the mags court should be able to put him in touch with one.

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Chubfuddler · 22/10/2013 20:44

BTW it is not a breach of the DPA to hand over data which is required in compliance with a court order, or to assist a police officer in the investigation of an offence.

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NotDavidTennant · 22/10/2013 20:46

This is not related to the problems around the Horizon system is it?

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Donnasheppherd9 · 22/10/2013 20:55

Sorry for being vague... As I cannot rly go into things properly. I just wanted to know where I stand but thank you for the advice you are able to give.

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OcadoSubstitutedMyHummus · 22/10/2013 21:02

I don't think people can really tell you where you stand off the info you've shared to date I'm afraid

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Pan · 22/10/2013 21:13

Like chub I too am prepped (professionally) for going into details of stories, and tbh I have no idea why you are posting this and here. You have legal advice and that takes prime over anything which may be said here. Best wishes.

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Unexpected · 22/10/2013 22:50

No-one here can help you with this issue. It is understandable that in order to maintain some anonymity, you have to be vague with the details but this then means that you can only post half the story and people cannot advise you correctly. You need to take advice from your solicitor, it's unclear whether you have a solicitor for the forthcoming case or only for the interview which you attended?

If you believe that your husband is genuinely innocent, I think you have to take a hard look at whether this line of work is for you. I don't understand how some of the mistakes you have mentioned happened, e.g. people leaving money behind - surely you would notice that immediately and stop them leaving? Admitting that you gave £400 to a customer once and had to be reminded to get them to actually withdraw the money has nothing to do with any systems and everything to do with not being on the ball for whatever reason (possibly pregnancy, tiredness or PND). Who has instigated the case against your husband?