Possible prison sentence - what happens to my children?

[Lonerangerr]

I know what I did was wrong and I know that people will not like what I done but I accept what I’ve done and wish I could turn back time.

a few years ago, I suffered a horrendous break up which dug up decades of trauma and resulted in me attempting to take my life. Following this, I was self sabotaging in any way possible and feeling unworthy. During this time, I was struggling with money. Not stable enough mentally to go to work whilst also trying to care for 2 children. During this time a friend reached out to me and offered me some money in exchange for doing something for him.

He set me up with someone who made fake car finance applications and set me up with a fake ID to complete these applications and collect the cars. The payment for this was so small so I don’t know why I did it. I didn’t even rationalise that this was illegal. He told me that the identities were fake and not linked to real people. I completed one and collected the car for him early in the year.

a couple of months after, I finally got a job, was having therapy and bettering my life. Until this guy reached out again asking me to collect another car. I was reluctant and tried to ignore him but he was persistent. He messaged and called me non stop. He knew where I lived and where I worked and in the end I felt scared that he would come for me so I went to get the car.

not long after, I was arrested for fraud. The investigation has been going on for 18 months and they have finally charged me. I’m due in court soon and honestly feel like life is over for me. The amount of fraud totals to around £60,000 and everything online points to a custodial sentence.

I have never committed a crime in my life apart from this. I know I was in a bad state of mind but really I should’ve still known right from wrong. On top of this, my daughter has accused her dad of SA and there is currently and investigation going on meaning I’m her sole carer.

I’m scared and hate myself for what I have done. I don’t recognise the girl I was back then. I’m a devote Christian now, working hard on myself, dealt with my life of trauma through multiple types of therapy, I have recovered from the darkest period of my life. I need to be here for my daughter now but I know the reality is that I’ll be behind bars and I won’t be able to keep her safe.

I don’t know what to do and have found myself slipping back into depression with bad thoughts since receiving the papers.

what is going to happen to my girls? I don’t want them to be in care, my mistake shouldn’t have to impact them and I feel like the worst mother ever for letting them down. I hate myself for all of this

Only you can get yourself banned. Given you’re telling the OP that this situation is all her making, it’s hilarious that you’re now blaming someone else for your potential banning!

I think the issue here is that OP was a pawn. She did not plan this fraud, nor did she see the £60k. As I understand it, the fraudster paid her what was apparently a very small amount, to provide a channel for him to use. This is, I suspect, a very common way that women get caught up in crime.

Of course she shouldn't have got involved, and of course it was wrong. No-one is blind to that, especially OP. But it's the person behind the fraud who should be the focus of the anger, and who hopefully will get the sentence he deserves.

Yes, the OP was a pawn, I agree.

A few people have referred to the sentencing guidelines. This is clearly a category 3 offence based on the value. From OP's description, I would say it is culpability C, but it is not impossible the judge could decide it is culpability B. If the judge goes for culpability C, the starting point is 26 weeks custody with the range being a medium level community order to 1 year in custody. If it is culpability B it is definitely a custodial sentence, the starting point is 18 months with the range being 26 weeks to 3 years. The exact sentence depends on the aggravating and mitigating factors.

If OP pleaded guilty at the first opportunity, there will be a one third reduction in the sentence for that.

Provided the sentence is under 2 years (which is almost certain), it can be suspended.

It is possible OP will receive a prison sentence and she needs to be ready for that, but my view is that, assuming the information she has given is correct and is accepted by the court, prison is unlikely.

Pretty sure I didn’t say the situation was all the OP’s making! I said turning to religion after committing a crime can be used a guise by some to try and get a lighter sentence. Going to court saying I’m all repentant forgive my sins could be worse than being completely open and honest.

OP please ignore all legal advice you are receiving on this thread. It isn't coming from practicing solicitors (and if it is, not particularly sensible ones). Personal factors specific to you will impact your sentence. No sensible practicing solicitor or barrister will be telling you what you will be getting as a sentence, or what you should argue in court, on a forum post. That's what you have your lawyer for- ask them.

On the other hand (as someone who is religious too, though different religion) it's lovely that your fellow Christians are giving you support and religious comfort. I hope it provides for you that sense of comfort and support.

Contact the officer who is in charge of the investigation

@Lonerangerr hopefully they will see how you have turned your life around.

Do you need to tell the police about the ongoing contact the ex friend is having with you. I would have thought he was told not to contact you or discuss the case? If the contact is unwelcome and unwanted I would definitely tell the police.

id be pushing the solicitor not waiting for him to contact you.

are there any charities or community groups that can help you. Especially women’s ones? They might have better legal advice and support on what could happen.

also try speaking to citizens advice?

Besides the rest of it how has no one suggested blocking the guy or changing your number. If you've made it so he can't message you it shows you aren't interested anymore, rather than I'd carry on if I hadn't been caught.

Is that based on reviewing the sentencing guidelines or just a knee jerk reaction from reading the Daily mail?

Question because I'm interested - is it obvious this would be charged as one offence rather than two?

Admittedly I started wondering this when I thought the total was ~40k across two separate incidents and therefore thought (if the ~40k was actually 39k) it was possible it might be two offences at cat 4, whereas I can see it's actually 60k and so even if 2 at least 1 will be cat 3.

I still want to know though! I appreciate the answer may be 'maybe - depends on the facts' but I'm curious whether it is in fact usually one way or the other.

There are most definitely practising solicitors commenting on this thread! It's also pretty obvious from the replies which ones are, or at least have proper legal experience.

On the information OP has given it sounds like two offences, but I can't be certain. It depends on the facts but it shouldn't make much, if any, difference to the sentence. The courts work on what is known as the "totality principle". In this case, it means that the sentence should be broadly the same regardless of whether OP is charged with one offence or two.

I have never heard or read this before but it's dead right.

I’m sorry that happened to your parents. I wouldn’t have given the same response to the post you just made.

It's one thing you doing this when you were on a dark place, but you repeated the offence when you were in a better place.

And pestering isn't coercion. We're you threatened with violence or blackmailed?

Good job you found God in the midst of all this isn't it?
Means your Solicitor can bring it up in court and possibly mitigate your sentence.
To be honest I am not really judging your actions OP and in your shoes I would probably "find God" or anything else that I thought would help me but come on, you didn't know you were doing anything wrong?
Not sure that will fly with a Judge so maybe drop that at least

She has very hard personal and mental health times....going criminal just added to all the mess. She has God now, she will serve whatever she will serve and when she gets the chance to be sensible, she will be - there is not a better lesson in such circumstances. I see how God arranged it - everything happens for a reason. As a believer, I assure you , sis - this to you Dear Poster, even if you get to prison, when you go out one day and have the long clean godly life you are destined for and going to Heaven after that ( as opposed to many atheists !!! ), any prison sentence or other inconvenience will uncover itself as your greatest blessing.

@bakedFishandChips
Deary me

I am a practicing criminal lawyer. And we would never provide people with an assessment of their likelihood of receiving a custodial sentence outside of them being your client, and you having access to all the information you need (prior record, proof of current circumstances, medical reports, other reports, specific indictment, even the judge you're appearing before).

That's because it's enormously cruel and irresponsible to give people either false hope, or false fear, about the outcome of their and their children's life, and you cannot give a real answer without all the information and more I described above.

It's one of the first things any criminal lawyer is taught.

yes because no matter what, God is with her. Are you mocking that? Why?
Also she is young and can use this as a lesson and God has a good plan for her. How is this making you vile and why

Mumsnet has raised its standards on protecting Christians

Rather not. A woman almost gone to prison, has shared her faith, we are trying to reassure her because the lawyers cannot just say what will happen, mockers mocking. This really shows who you are on the inside. Guess what. Jesus said He did not come to bruise already broken reeds

@bakedFishandChips
Not very godly calling someone vile for commenting.