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Puddytats - A summary of the last 18 months of hell (this will be long and i hope will answer akll questions)

364 replies

puddytats · 24/09/2006 20:29

Dear all

I have decided to start a new thread on this and run thro everything from the beginning, if you get to the end then thankyou for reading and well done. If you have any questions please ask, i will answer as fully as I am able considering i do not, and will never know the full facts.

Here goes...

On the 12 May 2005 DD was born. On the 13th June DH returned to work after paternity leave. He got to work as usual at 9.30ish and was met in the lobby by head of HR and immediatly taken into the boardroom. He was told that discrepancies had appearded on a firm he was working on but this was not a disiplinary, simply a meeting to establish facts. DH was shocked and stunned. He was asked variuos questions including whether he knew what was going on. He said he had no idea. He was then suspended on full pay while further investigations took place. He returned home and we tried to piece together what had happened.
Records at work show that a ficticious member was made up on a real client and that DH did work on this client, including the issuing of a cheque. His computer initials were over everything. Work decided that DH was at fault at dismissed his.
As this was taking place the police also knocked on our door. DH was arrested and all paperwork relating to financial records were taken away - including all the work we had done ourselves. It transpired that 3 cheques 'passed' thrioough our bank account - one in joint bank and 2 in dh sole account. DH was adviced to no comment throughout the interview, which he did. Because of this and because one of the cheques was in joint account the police arrested me.
Names on the cheques had been changed after they were signed by the partners at DH work, we know this because there are photocopiers of the cheques before signiture and from the bank after cashing. They had been changed to either our current surname or my maiden name. The police handwriting expert said it was likely to be DH handwriting. A certified copy of our marriage certificate was also provided with the one in my maiden name.
A little of the money was moved round our variuos accounts and the rest was taken out one way or another. It would seem that everything other than the initial paying in and one cheque withdrawel was done over the internet. That money as yet has not been traced.
DH and i were cept on police bail for over a year while they completed their investigations. During this time we were powerless to do anything, I attempted to committ suicide due to the stress and we have reached lows you can not imagine.
After a hellish year i was released without charge. DH was charged on 10 counts. 3 of obtaining property by deception, 3 of fraud (can't remember exact terminology) and 1 of forgery (a letter apparently)
We have already paid over £20,000 in legal fees and if we had decided to fight the case would be looking at at leat £100,000 more including solicitors, Queens counsel, computer experts, forensic accountants, private investigators etc. At the moment DH mother in paying for us to survive - although i have now got a job, and DH father in paying legal fees. We cannot live off others forever.
If we fight it we could lose everything. We have 2 children and a need to keep a roof over their heads, they have been through so much in their very young lives that keeping a familiar home is vitsl to their stability.
We could fight it to the bitter end and have the full support of friends and family who believe us and know we have been set up. Our morals say fight but we have learnt over the past year that justice is not fair, about who is guilty or innocent but who can prove what and who can afford to prove what.
We do not want the children to remember daddy being away, we do not want to be apart at all so are trying to limit damage. We know dh is innocent and now have to ignore justice and look to what affect a lengthy trail could have on the family, the stress, tension cost etc has had to be weighed up against what could be gained or lost. We will win in the end because we have eachother.

If you have got this far then well done and thankyou

OP posts:
puddytats · 13/10/2006 17:29

it is amazing what you discover about yourself when put in an unusual situation.
He needs me, i need him, the children need both of us. We have to focus on the positive now, however long we are apart is not as long as that we have together. It is but a minute in our lives.
Again plese remind me of this in months to come as it will be very difficult to get through some days

OP posts:
theunknownrebelbang · 13/10/2006 17:35

I agree with mumandlovingit, spend as much time together as a family as possible between now and December.

You may find that DH has to go to the Probation Office for the pre-sentence report, rather than them come out. Home visits unusual (but not unheard of) these days.

cod · 13/10/2006 17:36

Message withdrawn

Blu · 13/10/2006 17:36

I feel so very sad for you Puddytats.

cod · 13/10/2006 17:37

Message withdrawn

puddytats · 13/10/2006 19:20

Thank you for that COD, was wondering what they would involve. There is no danger of him re-offending and he is a non violent man and not a danger to society. Apparently the probation office might want to talk to me as well? Why?

OP posts:
bubbles4 · 13/10/2006 19:24

cant offer you any advice but just want to offer continuing support if needed ,best wishes

Judy1234 · 13/10/2006 19:31

Perhaps they might want to look at the effect on the family of him being away so want to talk to you about that. Might be worth getting anything he has to sign for put in your name now, may be a power of attorney so you can sign things on his behalf, he make a will, all kinds of general admin stuff whilst he is still around and available to deal with it. He should also find out what he can and canont do in prison in terms of contact, money, what can be brought in, stuff I wouldn't have any idea about. Have a bag packed. What people get short of in prison and want taken in. What can be traded in there which is useful to have. What you both think about children visiting him there etc etc How you can protect the rest of your assets. Has anyone who lost money in this talked about proceeding against him to get the money back?

satine · 13/10/2006 19:31

Puddytats, you're all in my thoughts. You're right to say that in the big scheme of things, it's not a long time, and if you possibly can, try to remember that one day you'll both be able to look back on this awful time. Now it's just a question of getting through each day. There are a lot of people on here sending silent and invisible support!

cod · 13/10/2006 20:55

Message withdrawn

hulababy · 13/10/2006 21:00

Just a suggestion - but how about having Christmas early this year? Choose a day and do the full works - presents, Christmas dinner, etc.

theunknownrebelbang · 13/10/2006 22:25

The Probation Officer may want to interview you too to get a fuller picture.

Basically there will be sections on offence analysis, offender history, risk of further offending and a conclusion/recommendation.

slartibartfast · 14/10/2006 10:06

As Cod says, Jerrfey Archer's Prison diaries are essential reading - and have become so for aspiring prison governors and other embroiled in the system. There are 3 volumes and the first (Volume 1 - Hell) is about the assessment system in Bellmarsh - which is intended to be as Archer describes it in his title. With current overcrowding, convictions from Winchester are just as likely to be sent there as anywhere.

Amazon or hardback and paperback options from current ebay auctions.

I used to visit Winchester prison as a volunteer when we lived nearby: had I needed a good reason not to steal money from my employer, then this experience provided it.

ScummyMummy · 14/10/2006 10:10

That's a great idea hula. I feel v sad for you all too, puddytats.

cod · 14/10/2006 17:09

Message withdrawn

ScreamandYellowFeathers · 14/10/2006 17:25

So sorry to hear the news Puddytats.

Stupid question I know but how is your dh atm?

You'll get through this I am sure of it. Your strength so far has been admirable.

Lots of love to you all.

disemboweledbint · 14/10/2006 17:45

gosh only just seen this thread, and the other one. sooooo many questions!! i used to be a bank manager and dh is an investigative officer in the police, he does a lot of disclosure officer work as part of his role. we're both scratching our heads over this one. poor puddytats.

Freckle · 14/10/2006 17:48

I'm so sorry you are having to go through this, Puddytats. Whether he is guilty or not, it is terribly hard on you and your family.

When you say there is no chance that he will reoffend, does this mean that he has admitted his guilt?

LaidbackinaTransylvaniancoffin · 14/10/2006 17:56

Puddy - I worked as a Probation Officer for 6 years - so if you have any questions about the Pre-Sentence Report - ask away .

What Cod says is very true - If your DH turns up for the appointment and says " I didn't do it" it can be viewed that he has not accepted responsibility for his behaviour and therefore go against him. It's also incredibly difficult to assess remorse and risk of future offending if he says he did not commit the crime. It's called an equivocal plea in court "I'm guilty but I didn't do it ."

Probation Officers sometimes speak to family - as has been said - it's often to ascertain what impact your husbands abscence would have on the family and if their are any circumstances that might allow the judge to suspend sentence eg. if he is the main carer for someone etc.

If he does get sentenced to a prison term - it is very likely that he will be moved to an open prison quite quickly (possibly HMP Ford in West Sussex) - I've worked there and as prison's go it's not too bad.

expatinscotland · 14/10/2006 18:34

Puddy .

Piffle · 14/10/2006 18:57

Going to be very tough sorting out these reports if it is as Puddy says and he is innocent - it's one thing taking the path of least resistance for your family's sake but hell, this will be a very hard time for you.
I hope (as nuch as things can) things turn out alright for you all
prison places are so tight, you may find some other options placed before you?
Well one can hope....

hulababy · 14/10/2006 19:03

To get to Open site/cat D he will need to continue with his guilty plea whilst in prison. This means he will need to acknowledge his "guilt" and accept that he needs to do any offending behaviour courses set for him as his targets. The better prisoner he is the more likely it is that he will get to Open conditions quicker - doing as asked, doing courses set, getting enhanced regime, etc.

bosscat · 14/10/2006 21:19

can't believe I've just found this thread. I am a criminal lawyer and there is absolutely nothing in this thread which rings true to me. Soapbox has pretty much summed it up for me. All the legal aid stuff is just rubbish. There is absolutely no reason for anyone in this country before October 4th when the legal aid rules changed and means testing was introduced again, before being found guilty or pleading guilty and having been sentenced to be £100 k in debt. You got legal aid before this month irrispective of your means. You could instruct whatever criminal solictitor and barrister you wanted. you would not get a QC for this sort of case. you would have to pay privately for this but why would you? There are more than good enough juniors for this sort of case. QC's are just not worth the money. If you were advised to pay privately for a QC puddytats you were really badly advised. All experts are available through legal aid. You just apply for the authority to incur the expense. We represent everyone from a shoplifter to popstarts to the most notorious murder of this decade. They are all legally aided.

bubbles4 · 14/10/2006 21:31

hi bosscat as your a criminal lawyer, this has been puzzling me whilst reading this thread wouldnt this have been subjudice and should have not been discussed in a public domain or have i got my thoughts wrong

bosscat · 14/10/2006 21:39

If i was in puddytats position i would not be discussing it on an open forum. people have asked for my advice in the past and i always CAT them rather than discuss it. if the prosecution got hold of it .... and also I have also had to think if I am helping potential witnesses against my client so its just a melting pot of a nightmare.

i understand puddytats wanting support and I don't want to make it harder for her but its all very confusing. I think she was really badly legally advised about legal aid. She should not be in debt right now and if he ended up pleading guilty anyway what on earth was the point?

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