Going to Court tomorrow

[LisaL90]

I am terrified, I am due in court tomorrow on seven charges of fraud totalling £10,000 (not benefit fraud).

I handed myself in to the Police Station previously because I felt so awful about it, cooperated ever since but I'm so scared I will go to prison.

If they do send me to prison does anyone think I would be sent there straight away from Court ?

Is this not something that your legal representation should be able to answer? It depends a lot on what you've actually been charged with and a whole host of other factors. See here for a detailed explanation - www.sentencingcouncil.org.uk/offences/magistrates-court/item/fraud/

Which hearing is it? First hearing, sentencing hearing etc.

Do you have legal representation?

You need a lawyer to advise you.

What happens at the hearing depends on the type of heating. Do you know which it is?

The legal advice I have had suggests I probably won't go to prison but still all the thoughts in my head is that I will, I have to use the duty solicitor on the day and I guess it all depends on the judge

Sentencing hearing it will be

So you've been found guilty on those counts? Was it a jury trial? I'm shocked you haven't had better advice from your lawyer...

what did you do? who did you defraud?

Presume if you handed yourself in you've pleaded guilty ?

@lulujuju

So you've been found guilty on those counts? Was it a jury trial? I'm shocked you haven't had better advice from your lawyer...

I admitted all the offences , and no it wasnt a jury trial.

I am due back tomorrow for the actual sentencing

@KaptainKaveman

what did you do? who did you defraud?

Was workplace related, and transferring money into my own bank account to pay off some debts

@notapizzaeater

Presume if you handed yourself in you've pleaded guilty ?

Yes I have pleaded guilty to all the offences

What did you do for work?

@Lbnc2021

What did you do for work?

Worked in a Letting Agents, went to the Police Station one night after work , knew it was at the stage I would have been found out if I hadnt turned myself in

Not wishing to alarm you but if there's a chance you will be sent to prison read up on what you should take with you into court tomorrow because you don't get the chance to pop home beforehand for bits and bobs - you are transferred directly from sentencing in the dock to the prison. There are things you're permitted to take with you from when you're at court, and it is much quicker to take them yourself into the dock in a bag, rather than trying to get them sent in later on. Also write down or print out all the useful phone numbers etc as you can't have a phone in prison.

If you have previously not offended before it's highly likely you'll be put on probation and fined.

@NotSure94

Not wishing to alarm you but if there's a chance you will be sent to prison read up on what you should take with you into court tomorrow because you don't get the chance to pop home beforehand for bits and bobs - you are transferred directly from sentencing in the dock to the prison. There are things you're permitted to take with you from when you're at court, and it is much quicker to take them yourself into the dock in a bag, rather than trying to get them sent in later on. Also write down or print out all the useful phone numbers etc as you can't have a phone in prison.

I am intending to go as prepared as I possibly can, just to be on the safe side

I’m 90% sure you’ll get a suspended sentence. Take the bag incase but I’m sure you’ll be coming home. Theft from employer is serious but you handed yourself in. Have you made any effort to pay it back? If you’ve no previous offences and can show you acted out of desperation I’d imagine it’ll be a two to three year suspended .
I know someone who got a suspended sentence for £38k in benefit fraud. They were desperate and cooperated with the enquiry. .

@Nats1984

I’m 90% sure you’ll get a suspended sentence. Take the bag incase but I’m sure you’ll be coming home. Theft from employer is serious but you handed yourself in. Have you made any effort to pay it back? If you’ve no previous offences and can show you acted out of desperation I’d imagine it’ll be a two to three year suspended . I know someone who got a suspended sentence for £38k in benefit fraud. They were desperate and cooperated with the enquiry. .

Intending to take the bag just incase, In so much debt though havent had the chance to pay nothing back as yet. Though intending to as I know I was in the wrong

You have several mitigating factors in your favour, an early guilty plea plus cooperating and voluntary admission, remorse, presumably no previous convictions (?), previous good character. The amount of money falls into category 4, the second lowest. It would seem to me as a lay person that you have a fair to good chance of getting a non-custodial sentence. But it is probably worth preparing for a prison sentence, to avoid being unprepared on the day should the worst happen.

Oh I see, sorry OP, didn't realise you had pleaded guilty.
I agree with others, unlikely you'll go to prison but prepare just in case.
I know you committed a crime but well done for handing yourself in.

@AssassinatedBeauty

You have several mitigating factors in your favour, an early guilty plea plus cooperating and voluntary admission, remorse, presumably no previous convictions (?), previous good character. The amount of money falls into category 4, the second lowest. It would seem to me as a lay person that you have a fair to good chance of getting a non-custodial sentence. But it is probably worth preparing for a prison sentence, to avoid being unprepared on the day should the worst happen.

I do not have any previous convictions, and yes I am preparing myself anyway should the worst case scenario happen

On the information you've given, a custodial sentence is extremely unlikely. Today I'd focus on writing down anything you need the duty solicitor to know and anything you want to say to the court, you can do this as a list of bullet points, or even in a letter. It will be helpful for the court to understand why you committed the offence, explaining why you were in debt and the impact that had on you, as that can count as mitigation. Also if you can explain what you are doing to resolve the debt issue, and when able, to repay the funds you stole.

The courts know how tough things are for people right now, and whilst it doesn't excuse what you've done, they will take it into account. There's a big difference between a gang defrauding a vulnerable individual in order to buy luxuries, and an individual stealing from their employer to try to escape a hopeless situation.

@LisaL90 ok. You have mentioned that you will be using the duty solicitor so my understanding is that you have admitted the offences to police but have yet to do so in court. If I am right, the following will happen. (If I'm wrong, you can ignore rest of this).

The first hearing is at the magistrates' court. On arrival you will see Duty (there will probably be a wait! and you will be able to confirm your intended plea with them and discuss what you want to put forward as an explanation - this is known as mitigation - and the duty solicitor will put it forward on your behalf after you have entered your guilty plea to the court. The magistrates will go through a process where they decide if your case is too serious for them or not, and you still also be given the opportunity to have your case heard at the Crown Court in front of a judge and jury. If it is your intention to plead guilty and you have already admitted your offences to police then you will enter your guilty plea there and then. After that the magistrates will have to decide if their powers of sentence are sufficient - the offences are serious but if you have never been in trouble before it is likely that they will decide they can deal with it. Then what happens is you will be interviewed by Probation to assist sentencing- and this may mean you come back to court on another date for sentencing. Courts DO NOT impose sentences of immediate imprisonment on offenders who have never offended before - reports must be completed first. The report will take into account everything that may have caused your offending, and will look at what can be done to stop further offending. Finally, the sentencing court will probably order you to repay the stolen money over time.

You have done absolutely the right thing in admitting what happened, Andy when you enter your guilty pleas in court it will have the effect of reducing your eventual sentence. I cannot speculate on the likely sentence you will receive, but you are doing the right thing so far in full admissions.

Sorry, have just seen that you think tomorrow will be a sentencing hearing. In that case, yes you should consider that there is a possibility that you would receive a custodial sentence, but it is more likely than not that a court may find that rehabilitation work will prevent offending again, and the custodial element of the sentence would then be suspended. It is important for you to arrive in court in good time to get to see duty solicitor, and also probation officer if that interview has not already been done.

You did the right thing admitting to it. Wish you well.