Arrested on Suspicion of Fraud

[billiardboy]

I was arrested and released on unconditional bail on suspicion of fraud.

I recently borrowed money from a loan shark for a deposit on a house - my girlfriend was 8 months pregnant at the time and we could not ask anybody else to help us with the money.

However when it came to repaying the money the interest that had been put on to the original amount was way beyond what we could afford. Suffice to say many threats of violence towards me and my partner were made which led to me doing something even more stupid.

I was able to produce fraudulent invoices from the company i worked for and had diverted the payments into my account.

I was caught during an audit but have had the funds to repay my previous employer (we took a secured loan on our house) shortly after my arrest.

I have now secured 2 jobs to pay mortgage and loan and have a 7 week old daughter, i am due to answer bail shortly and am now worried. When i was first arrested i did not have legal representation and admitted my guilt and was as helpful as was possible to arresting officers to tell them how i had actually got myself into this mess.

I have not met with my solicitor yet and was hoping someone could give me advice on what will happen next, as i obviously do not want a custodial sentence as we would lose house etc.

[Vesper99]

Theft from an employer may well attract a custodial sentence, depending upon the seniority of the offender in the firm and the amount of money illegally obtained.
Your personal mitigation appears to be strong. Show remorse and explain carefully through your solicitor all the circumstances you have mentioned. I assume you have no previous convictions.
Good luck

[billiardboy]

No previous convictions, and the amount was less than �10000, but as i said have the funds there to pay it back, was wondering whether or not if i paid the money back that if my previous employers were to srop the charges can the police still proceed with the case?

[Vesper99]

Certainly make the offer to pay the money back. This may or may not be accepted. However, it is helpful to say so in court.
You say less than �10000 but that is a large sum and is in the custodial range.
You are not charged by the employers but the CPS.Paying back will probably have no effect on the charge being brought.

[billiardboy]

I have looked through the new guidelines for sentencing on fraud charges (changed when theft and obtaining property by deception and 1 other) charge were amalgamated, and guidelines say �17500 is lower limit for custodial, am I right???

Answering bail tonight, so will post hopefully tomorrow and let you know the outcome, thanks for your input so far Vesper

[seatrout]

I think you will be charged. Your actions were deliberate although your situation was desparate. You have good mitigation. Paying the money back and an early guilty plea will help you enormously. Sentence depends on the approach of your local court but if you have no previous convictions immediate custody is unlikely. Plead guilty at the first opportunity and you could be looking at a suspended sentence.
Get a good solicitor ie someone with gravitas that the court will listen to not the local criminal law hack who in a situation like this could do you more harm than good