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How Often Are Pre Sentence Reports Followed By Judges In The Magistrates Court ?
36 Answers
Hi
I will try and keep this as short as possible.
4 years ago I was I was convicted of Fraud by False Representation and given community service.
2 months ago I was convicted again for the same thing.
A 11k Fraud, which I can pay off as a family member has helped out financially.
I am due in Court on Wednesday 26/10 to get sentenced.
I am scared as my family rely on me and I don’t want to be away from my son.
May sound selfish, but both times I did it because I had money issues, that is not the case now as I have got closer to my family and they have promised to help out going forward.
The pre sentencing report advised Community service but I am so scared that I may go down.
I have never been in trouble with the law other then these 2 times.
I plead guilty at the first opportunity.
The arresting officer keeps showing up as well, which I find strange.
Any Advise would be great
I will try and keep this as short as possible.
4 years ago I was I was convicted of Fraud by False Representation and given community service.
2 months ago I was convicted again for the same thing.
A 11k Fraud, which I can pay off as a family member has helped out financially.
I am due in Court on Wednesday 26/10 to get sentenced.
I am scared as my family rely on me and I don’t want to be away from my son.
May sound selfish, but both times I did it because I had money issues, that is not the case now as I have got closer to my family and they have promised to help out going forward.
The pre sentencing report advised Community service but I am so scared that I may go down.
I have never been in trouble with the law other then these 2 times.
I plead guilty at the first opportunity.
The arresting officer keeps showing up as well, which I find strange.
Any Advise would be great
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In regards to the officer he is there and when the prosecution talks he walks up and whispers in his ear then the prosecution carries on, I thought the judge would not of allowed it tbh. This is over 2 hearing so far, the one where I plead guilty and the case was passed up then the last one.
I do feel bad about the contract as they are nice people, they are a big company so in truth it will not affect them, but I know that is not the point. I never knew about that until last time when the barrister was running through things against me, but the prosecution never mentioned it either.
I will ask my barrister about being at the old bailey if I am still here I will update on Thursday.
I do feel bad about the contract as they are nice people, they are a big company so in truth it will not affect them, but I know that is not the point. I never knew about that until last time when the barrister was running through things against me, but the prosecution never mentioned it either.
I will ask my barrister about being at the old bailey if I am still here I will update on Thursday.
You are wrong to dismiss your fraud as 'they are a big company , so in truth it will not affect them'
It will have affected them, you have already said they lost a contract because of it! Their reputation is damaged, other customers will find out they have lost a contract because of employee fraud. They could lose a lot more contracts as they have lost the trust of customers.
It will have affected them, you have already said they lost a contract because of it! Their reputation is damaged, other customers will find out they have lost a contract because of employee fraud. They could lose a lot more contracts as they have lost the trust of customers.
No sign of your case at 'The Bailey ' today !
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I looked at it as well, and it had only cases up to middayish, I can confirm mine was at 2pm, was a bit busier.
I was told itw as at the old bailey because it was an online fraud and was first dealt with by city of london police and the central magistrates court so it automatically gets pushed up to the old bailey.
Anyways I am in the *** and have been crying all night if it makes any of you feel better
They have taken my savings and said I earned this through crime so I am now back there on the 9th nov to please guilty or not guilty, if its not guilty it goes to trial and I am scared the jury won't believe me and i will get 1-2 years, if I plead guilty then I will be sentenced then and have to do about 6 months, either way I miss out on the early life of my boy, it is killing me
I was told itw as at the old bailey because it was an online fraud and was first dealt with by city of london police and the central magistrates court so it automatically gets pushed up to the old bailey.
Anyways I am in the *** and have been crying all night if it makes any of you feel better
They have taken my savings and said I earned this through crime so I am now back there on the 9th nov to please guilty or not guilty, if its not guilty it goes to trial and I am scared the jury won't believe me and i will get 1-2 years, if I plead guilty then I will be sentenced then and have to do about 6 months, either way I miss out on the early life of my boy, it is killing me
I plead guilty to fraud by false reprsentation, I was about to be sentenced and then said 'oh we also want to charge him now for this' and the sentenced was adjurned until the new charge gets sorted.
The new charge is that the funds in my account they believe are from crime but it was from me selling stuff on ebay and amazon not related to this so I am most likely go to trial for this in the new year
The new charge is that the funds in my account they believe are from crime but it was from me selling stuff on ebay and amazon not related to this so I am most likely go to trial for this in the new year
You admit to fraud and obtaining as you say £11,000. Then you said the cash in the bank was given to you by a family member to repay the fraud. Now you say the cash in your bank was from eBay / Amazon sales and your savings. Where did the money from your fraud go?
Whatever happens that cash has to be repaid.
It does not matter where the cash in your bank came from , if it was the result of your fraud or not. The fraud money has to be repaid and you have to pay it, that is why it has been removed from your bank account.
What are you intending to say? That the fraud money has been spent and you can't repay it? That will not work, you have money in your bank and it has been taken to repay what you stole. It does not matter if it is the original money or it came from somewhere else.
You need to plead guilty to the new charge, you have no hope of being found not guilty if you go to trial.
Whatever happens that cash has to be repaid.
It does not matter where the cash in your bank came from , if it was the result of your fraud or not. The fraud money has to be repaid and you have to pay it, that is why it has been removed from your bank account.
What are you intending to say? That the fraud money has been spent and you can't repay it? That will not work, you have money in your bank and it has been taken to repay what you stole. It does not matter if it is the original money or it came from somewhere else.
You need to plead guilty to the new charge, you have no hope of being found not guilty if you go to trial.
No, I had savings in another account but did not matcgh the fraud amount so sombody gave me the money to pay the fraud back, when I was about to be sentenced the first time and wanted a confiscation order so it was delayed by 4 weeks now they are saying the savings was actually money from fraud so they are charging with me with holding illegal money or something.
“Anyways I am in the *** and have been crying all night if it makes any of you feel better”
Why should you think that? As far as I can see nobody on here has wished you any misfortune. All that has happened is that one or two of us doubt we know the full story. There is no way at all that you would be facing a sentence of two years in prison if your offence was as you described earlier. From your description the matter should not have even reached the Crown Court (unless you opted for trial there). I explained all this when I posted the sentencing guidelines.
At least we know why you are at the Old Bailey. As I suggested, the offence was dealt with by City of London police and the Old Bailey is the designated Crown Court for that area.
Why should you think that? As far as I can see nobody on here has wished you any misfortune. All that has happened is that one or two of us doubt we know the full story. There is no way at all that you would be facing a sentence of two years in prison if your offence was as you described earlier. From your description the matter should not have even reached the Crown Court (unless you opted for trial there). I explained all this when I posted the sentencing guidelines.
At least we know why you are at the Old Bailey. As I suggested, the offence was dealt with by City of London police and the Old Bailey is the designated Crown Court for that area.
Sorry you just don't seem to understand.
You committed fraud ( for the 2nd time) the money you stole by that fraud has to be paid back. There is money in your bank account that is sufficient to repay the fraud. The money in your account has been sized for repayment. It matters nothing at all if the money in your account is the same money you stole or other money, it will still be sized to repay what you took.
It now looks as if you are definitely going to jail, you can make the jail term less by fully co operating with the police and pleading guilty.
As I said you have NO hope of getting a 'not guilty' so just face up to it and plead guilty. There is an automatic 1/3rd reduction in sentence and then release at the 1/2 way point in your sentence. So pled guilty and if you got 2 years it will actually be 16 months with the 1/3rd off. Then release after 8 months, you will also almost certainly get the last 2 months out on 'tag' or home detention curfew. So plead guilty and you could be home in 6 months!
You committed fraud ( for the 2nd time) the money you stole by that fraud has to be paid back. There is money in your bank account that is sufficient to repay the fraud. The money in your account has been sized for repayment. It matters nothing at all if the money in your account is the same money you stole or other money, it will still be sized to repay what you took.
It now looks as if you are definitely going to jail, you can make the jail term less by fully co operating with the police and pleading guilty.
As I said you have NO hope of getting a 'not guilty' so just face up to it and plead guilty. There is an automatic 1/3rd reduction in sentence and then release at the 1/2 way point in your sentence. So pled guilty and if you got 2 years it will actually be 16 months with the 1/3rd off. Then release after 8 months, you will also almost certainly get the last 2 months out on 'tag' or home detention curfew. So plead guilty and you could be home in 6 months!
To stand any chance at all ( I still think it is a near zero chance) you will need to prove that the money in your account has nothing to do with the fraud. You say you were given the money your family to repay the cash you stole? Well you need them to give proof that the cash was what they gave you. The more I look at this question the more I get confused, you say the family gave you cash to repay the fraud so why did you not do that with it?
From the court / police viewpoint it is looking like you tried to conceal the money in your account to try to avoid repaying. Is that what the new charge is??
You REALLY need to tell us the full truth as it looks more and more as if you are not telling us the full story!
For a start I can't see how they can just throw in a new charge just as you are about to be sentenced ! Possibly NJ knows more than me !
From the court / police viewpoint it is looking like you tried to conceal the money in your account to try to avoid repaying. Is that what the new charge is??
You REALLY need to tell us the full truth as it looks more and more as if you are not telling us the full story!
For a start I can't see how they can just throw in a new charge just as you are about to be sentenced ! Possibly NJ knows more than me !
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