Fraud By False Representation

[Clairey]

Please some advice would be great
I have been charged with 5 counts of fraud totalling (£900) I'm due in court in 2 weeks time I was in a bad depression mode when I did this I have since sorted myself out my going to the doctors and getting myself a job
I have previous conviction for fraud which I received a fine and a 3 year conditional discharge
This 3 years has been and gone now
I have got 2 good character references to take with me to court
I also have 2 young children
I am really worried I am beside myself on what the outcome will be could somebody maybe give me a bit of light? Anyone experienced anything similar?
Please no negative comments

[Peter Pedant]

calm yourself - they wont send you to prison for £900.
Someone will be along who can put a finger on the sentencing guidelines.

[Clairey]

I'm just so worried I've not been eating properly I'm worried sick

[factor-fiction]

Hi- I don't know the sentencing guidelines either but I doubt you will go to prison for a £900 crime. However as it's a second offence for the same thing I think you can expect some punishment. The fact that you have undergone treatment may help but they may argue that you said the same thing last time (was it a bi-polar issue?) but still re-offended.

[New Judge]

Looking at the sentencing guidelines I doubt that this matter is serious enough to atttract a community order and should be dealt with either by way of a fine or, if you are lucky, another Conditional Discharge. Make sure you plead guilty at the earliest opportunity and make the court aware of the problems you have mentioned (with some medical evidence). It may also help if you make some arrangements to voluntarily pay back the £900.

[Clairey]

Im working now so I am able to pay it back long story I got into debt and was being taken to court I am so stupid to of done this

[Clairey]

I am just so scared if I go to prison and I have my young children

[New Judge]

I would say that the chances of you going to prison for this are about as close to zero as you can get. To cross the custody threshold the sum involved would need to be £12,500 or more.

[Clairey]

Even if it's my 2nd offence of fraud

[New Judge]

Yes.

The offence for which you received a conditional discharge is now "spent" (it became spent when the conditional discharge expired). Although this does not prevent the court from taking the offence into account (and it may well do so anyway) it will not make the offence so serious that the custody threshold has been crossed. In fact, I doubt that it will be serious enough for a community order, though the Bench may consider this when it hears the full details.

[Clairey]

I'm so worried now I'm considering not going to court do I say goodbye to my children? I don't no what to do

[New Judge]

There's nothing more I can add to reassure you.

After you've been sentenced to a non-custodial sentence please let me know.

BTW, if you fail to attend you will almost certainly be arrested and held in custody until you are taken to court.

[Clairey]

New judge can you message me

[factor-fiction]

There's no message facility on here, unless it can be done somehow via the Facebook page of AB or unless you post a disposable email address on here

[sherrardk]

Clairey - there isn't a messaging facility on here.

[Clairey]

Sorry I'm just really scared if I go to jail I will mostly end my life in there I can't bare to be away from my children

[Canary42]

Calm down Clairey, IT WILL BE ALL RIGHT.

I suggest a further visit to the doc if you're really overcome with the anxiety.

[Clairey]

Ok so been to court and it has been adjourned for 3 days while they do a pre sentence report? Please help advice please as what will happen now

[shoota]

Social workers will prepare a report on your financial and family circumstances and how this has affected you.
This will be taken into account when you are sentenced so if they speak to you make sure you tell them all about how this has affected you and don't hold anything back.

[Clairey]

I have been and told them everything I broke down in tears, I'm still so scared what if I go to jail

[shoota]

Hell will freeze over before you go to jail Clairey.
Don't get upset over something that won't happen.