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Legal matters

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Will I go to prison

215 replies

user1496147688 · 28/01/2018 15:12

Hi,
So I’m 19 years old and I got caught with fraudulent receipts.
So I created fake receipts, with stolen items on them. Then these items were returned by me and someone else. It would at least be £200 worth of this. I told them I had done it because they had CCTV of everything and it was so clear I couldn’t deny it. They called the police and said that the police would come to my house or call me soon which could be any day. Maybe today, tomorrow, weeks, I don’t know.
This is the first time I would be in trouble with the police, and I go to college.
Would I be sent to prison for this or what else would happen?

OP posts:
leighdinglady · 28/01/2018 17:51

Criminal lawyer here. When police want to talk to you make sure you get a solicitor. I've had hundreds of clients in your position. If you've already admitted it to the store you are likely bang to rights. You might be able to get away with a caution or a community resolution (the latter is only available in certain areas of the country and is usually paying the money back and apology letter or something) A caution would be s good result here but will still go on your record. If they won't give you that, and you are charged, you'll go to court. You could end up doing unpaid work, but I very much doubt you'll go to prison

Get a solicitor in the police station!

leighdinglady · 28/01/2018 17:52

Ps it's free to get a solicitor at the police station

Greensleeves · 28/01/2018 17:53

And don't ever work with your bloody mother again!

user1496147688 · 28/01/2018 17:55

Okay so I won’t have to pay for a solicitor if I needed one?

OP posts:
user1496147688 · 28/01/2018 17:56

And thank you to everyone that has posted on here

OP posts:
Allaboutthatcake · 28/01/2018 17:56

Are you in Scotland op? The rules have recently changed up here although I’m not overly sure of what it means in practice.

leighdinglady · 28/01/2018 17:57

No it'll be free. Google criminal defence firms near you and speak to them. If they do police station work they'll arrange a solicitor to go with you to the station - for free. It's your right.

leighdinglady · 28/01/2018 17:58

It also doesn't matter when the police want to talk to you. We work 24/7 (unfortunately!).

user1496147688 · 28/01/2018 18:11

As a lawyer, do you think I could be sent to prison?

OP posts:
leighdinglady · 28/01/2018 18:16

Very very unlikely. I wouldn't worry about that if I were you

CritEqual · 28/01/2018 18:22

Are you asking to find out what you'd need to do to get to prison? Sounds like you have a shitty home life, but this isn't the answer.

fos6mo3 · 28/01/2018 18:41

I'd be telling the police everything asking to go in to speak to your employer or wait until someone contacts you ask to pay the money back ( I don't think they'll allow this as they need to set an example but it will look better if you do) you need to look remorseful and then write a list of what you need to change your life to ensure you don't do this again.

Dump your bf

Move out or parents house...

These two won't be easy but you need to do something..

How old are you where are your friends why be with a boy who alienates them ?

Rudi44 · 28/01/2018 18:45

God I could give you a hug right now.

You have had a tough time, you asked for some advice and didn't give any of the back story of the difficult time you are going through until pressed for it. I genuinely don't think you will get sent to prison but do get some proper advice.

Is there any one in real life that you can confide in? People on the internet are great at passing judgement and everyone is a bloody expert.

I also think it can't hurt to write a letter to your employer, it may help and it certainly won't harm.

I really wish you all the best and hope this is a turning point for you x

prh47bridge · 28/01/2018 19:32

Not on an enhanced disclosure. Everything is shown. Forever.

That is not true. It used to be the case but it changed a few years ago. Most offences are now filtered from an enhanced check after a few years. It depends on what the OP is charged with but theft and fraud are generally filtered. A caution will disappear from the OP's enhanced check after 6 years and a conviction will disappear after 11 provided she is not sent to jail (and I don't think she will be on the facts of this case) and provided she is not subsequently convicted for another offence.

loulou987 · 28/01/2018 20:19

Coming from someone who has worked at a fair few companies & applied for a lot of jobs, a lot of employers nowadays do require details of previous cautions & convictions. I am assuming yours would go down as shoplifting and / or fraud. I'm not sure that a multi million pound store like Primark would drop this given the lengths stores now go to to prevent the ongoing problems faced by shoplifting. I have no doubt that you now regret your actions but it will very likely prevent you getting jobs in the future once you have disclosed this.

Frequency · 28/01/2018 20:26

Companies cannot require details of convictions or cautions spent under the rehabilitation act. it's against the law.

Please can we stop unduly frightening the OP. Yes, she's made things harder for herself in the short to medium term of her working life but once the conviction is spent and it will be spent, there is nothing stopping her getting any job she wants.

In the interim there are plenty of companies that will employ her if she works hard at college and uni.

ShellyBoobs · 28/01/2018 20:57

I hope you’re ok, OP.

Chin up. As others have said, you’ll get free legal help. I’m sure it will get sorted out.

Flowers
ToEarlyForDecorations · 28/01/2018 21:20

I have already admitted to it all, and the manager said thank you for being honest and they’ve called the police. They let me go and didn’t escort me out which they normally would do

Hmmm, sorry, but why didn't they call the police there and then ? You would have had to wait possibly with a member of store security and a female member of staff depending on store security policy until the police arrived.

You would then have been arrested and taken to the local police station and after processing waited in a police cell whilst the police went back to the store and got evidence i.e. requested the cctv footage. (There's a whole process and specific form filling exercise to get cctv images.) Store management sent you home and told you to wait for the police to call at your house at some point ? Um, really ?

ToEarlyForDecorations · 28/01/2018 21:22

Erm ok, sorry, they had called the police. However, I have one question. Did the police turn up at the store ? If they did, what did they do/say ?

Handsoffmysweets · 28/01/2018 21:26

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request

Nicknacky · 28/01/2018 21:34

They may well have called the police but if the police are unable to attend for a number of hours then the store can't make her wait. The police can still attend at a later date, obtain details then deal with the op.

Or maybe because they have sacked her they may leave it at that. The op will have to wait and see.

ToEarlyForDecorations · 28/01/2018 21:37

The goods, I'm assuming were of, 'merchantable quality' i.e. could go straight back on the display stand to be sold.

So, the store didn't lose out (that will be taken into consideration.) The real problem, from a legal and employer/employee trust point of view is the level of pre-meditated fraud and the inclusion of an accomplice.

It's not that the OP has been criticised for 'only' defrauding the store by £200. I suspect there may have been more and this was just the last one/only one she got caught for. That's a hell of a lot of precision in the fake and fraudulent receipts for just two hundred pounds. The accomplice was swayed for their share of the £200 were they ? Really ?

ToEarlyForDecorations · 28/01/2018 21:42

They may well have called the police but if the police are unable to attend for a number of hours then the store can't make her wait.

Really ? What makes you say that ? Store security work 24/7.

Has OP found the contact details of the local CAB yet ? Or will that come with more drip feeding ?

EggsonHeads · 28/01/2018 21:45

Yes, so you will get a criminal record. You will be pretty much unemployable with theft on your record-it's not like you are guilty of simething like tax evasion that businesses are more tolerant of. You really have no option here but to make work for yourself. Either start your own business or write a book or something. Learn your lesson from this and never do something so shitty again.

balaclavaknickers · 28/01/2018 21:49

the accomplice didn't know. op said she asked them to return stuff for her but i don't think they had any idea it was stolen/ for fraudulent purposes. i guess as far they know, they were just doing their mate a favour by returning something because they didn't have time/ whatever...
you might want to discuss this with whoever that was, op.