Will I go to jail? Please help, last post deleted

[Ladieunlucky]

Some very nice people with sincere advice that was really helping but thread was deleted 🥹

Please read my other previous post, and please be kind.

The current situation is I’m facing sentencing on 27th September. The back story is during a manic period in 2023 I stole from my employer who says the amount is around 35k. I have nothing to show for this, I don’t know why I took it and can’t remember doing so. This was in cash. My solicitor advised me as I cannot remember this period due to my bi polar episodes I cannot say how much was taken. I don’t believe I took this amount. Some of which was spent amongst staff for petty cash purposes but receipts weren’t kept. However during my last manic episode in December 2023, after coming out of this I took myself to the police station and handed myself in. At this time I thought I’d taken 5k. I openly admitted this, and said I was guilty. At this point I was on sick leave from work due to mental health. My previous employee was not aware of of the theft at this time. In March 24 I got diagnosed with bipolar after a life long struggle. I tried to take my life twice. I got put on medication. The case progressed and I was charged with fraud under false representation due to being in a position of trust. I participated willying and pleaded guilty to this straight away. The police otters report said I was remorseful and sorry. I was seen at the magistrates court in August where my solicitor asked that is could be tried at crown court for sentencing. It has since been adjourned as there is to be a full psychiatric assessment and probation report done. My solicitors suspects custodial and best outcome would be suspended sentence. With pleading guilty and cooperating the sentence is reduced by a year with a starting point of 3 years. I completely understand what I’ve done. I’ve lived a life of hell since which I deserve. I’ve lost my job, all my friends, reputation. I have a 15 year old daughter and partner who I’ve been open with and they have stood by me. I offered to pay this back.

Since the last court hearing, I have a new job and enrolled at university part time to do psychology. I’m trying to better myself. My current employer isn’t aware of this and my crb check shown clear as no sentence yet. My question is also should I be truthful, or wait until I know the outcome which at that point could be too late. I haven’t declared my bipolar to them yet also as I’m in a 3 month probation period. The thing is it’s a small town and all though I’m working in the next town, I am worried that they will hear before. But if I tell them now I risk loosing my job anyways. My solicitors adviced I don’t need to tell employers yet as no conviction and wasnt asked at interview. I feel I need to be truthful.This is my first offence I’ve never done anything like this before.

My question is do you think reading all the above I’m likely to face jail? I’m prepared and have wrote goodbye letters, sorted care and stability for my daughter. If I face time that’s what I deserved, but I do feel that my mental health may win and I may not survive that. Please give your advice.

Why was your thread deleted?

For commenters not meeting MN guidelines on mental health. Had 200+ comments 🥹

What did you think of the comments you got on your other thread? Were any of them helpful?

I did see your other thread and I am thinking you will get the same types of comments again.

Your solicitor would know better than mn posters and a solicitor here would need to review your case entirely to be able to make that guess. So I don't think anyone besides your solicitor, and utlimately the judge, can tell you what you want to know.

I'd also follow your solicitor's legal advice to not say anything until afterwards but I can understand why you'd morally want to.

I was prepared to judge you when clicking on the thread but upon reading your whole OP, I sympathise with you. You seem to be doing yhe right thing to fix what you did. I truly hope you're spared this time and you never do something like that again. It's great that you're taking steps to better yourself and your family are supporting you. Best of luck.

I am the same as battyeyelashes.
Make sure you have the best possible solicitor on side, will cost more but less long term.
All the best with it, it is a significant loss to the employee so this could be taken into account.
Take care of yourself and your family.

I didn’t see your last thread but can only suggest you listen to your solicitor, they are familiar with your case and nobody here is. All you will get is people guessing.

Be kind to yourself and ask for this thread to be deleted.

I'll say what I said before - you can remember taking £5K, but have plead guilty to £35K which you cannot remember taking and have nothing to show for it.

I would be changing my plea to Not Guilty and having my day in court - you deserve a punishment for what you did, but I, and several other posters on the last thread suspect that you may be being used as the fall guy for another persons fraud as well - you only deserve punishment for what you did.

You were mentally unwell, and arguably had diminished responsibility - please get a second legal opinion - any solicitor for the defence who actually asks for a case to be moved from magistrates to the crown court is a kamikaze in my opinion, normally that request is made by the prosecutor.

I mean your solicitor has said they think you'll get a custodial, so you're doing the right thing to prepare for that. My understanding is that if you get found guilty you get a pre sentence report, which is an interview by someone from the probation service and will be an opportunity to give your account of what has happened. They will say whether the probation service could offer any programs instead of you getting a custodial sentence.

You're working as a doctors receptionist dealing with vulnerable people and highly sensitive information. Your employee handbook will say that you have a duty to declare any impending criminal proceedings. That's not going to look good because it is just more deception.

Reiterating what I said on previous post.

Some silly people there who were saying people advising you over the DBS issue, were being MN goody two shoes with no knowledge of the real world. They couldn't be further wrong. My RL knowledge is lived experience.
This isn't a view about the rights and wrongs of it, it's a view about doing nothing that might go against you in crown court.

You are pleading guilty to 'fraud under false representation due to being in a position of trust.' You are seeking to convince the courts this is an aberration down to your then un-diagnosed MH and everything is now different so a custodial sentence benefits no one.
Yet without being nasty, here you are being dishonest through omission, and taking advantage of a system of trust.
I'm really not having a go, it's not a criticism of you, I'm trying to spell it out in black and white why this is a bad idea when facing those charges.

You need to either quietly quit the new job (and I really understand why you wouldn't want to) or tell your employer, because if it comes out in court or through pre-sentencing reports, it's a really bad look that may go against you.

It shows you are still putting what you want to do before what you should do without thinking it through, which is what got you into trouble previously.

It is also a potential reason to go for custodial so you can have 'time to reflect and engage in help in considering patterns of behavior to prevent re offending.'

Your solicitor is looking at the technicality of if not disclosing at interview is a criminal offense or not, not how it reflects your approach to responsibility, and honesty and character, and is hoping the court wont find out, and will view your new job as you being accepted in a position of responsibility and doing well.

As a gamble it might work out, but awfully thin ice to be skating on if it doesn't.

I've spent a lot of time in courts and there are gambles worth taking, and gambles not. IMO this one is really pushing your luck, and the possible gain not worth the potential loss.
I wish you the best of luck, but a reminder some of it can be influenced by yourself.