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Ask James D. Ford Your Own Question
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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Maurice i go back to court on 21st September fraud where i

Customer Question

Hi Maurice i go back to court on 21st September for centrelink fraud where i 38000 a3and solicitor has told me i am going to jail
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Maurice is not currently available.. how may I assist you?

Customer: replied 1 year ago.
I go back to court on 21st September for centrelink fraud where owe 38000 and solicitor has told me i am going to jail
Expert:  James D. Ford replied 1 year ago.

You still have not explained what you want from me.... a second opinion?

Expert:  James D. Ford replied 1 year ago.

Did you solicitor explain why he had reached the conclusion that he thought you would be going to jail? rather than receiving a lighter "suspended" sentence?

Customer: replied 1 year ago.
would like a second opinion as this is my first offence apart from driving
Customer: replied 1 year ago.
All he has said is the amount i have been paying it back as well
Expert:  James D. Ford replied 1 year ago.

If this is your first criminal offence... and your driving offences have not been "criminal" in nature, and you have nothing else in your file that would indicate that you need to go straight to prison... and you have already started paying the money back... then in my opinion your Solicitor is using "expectation management" on you and preparing you for the worst... it sounds like there is every chance you will be found guilty, and there will be a sentence imposed.. but in my view, it will most likely be a "suspended" sentence... which means that if you do not commit any further offences you will not go to jail.... but if you do... you will serve the suspended sentence. plus any new sentence applicable to any further offences...

Expert:  James D. Ford replied 1 year ago.

Here is some background reading on sentencing for crimes against the commonwealth revenue...

http://www.aic.gov.au/media_library/conferences/fraud/freiberg.pdf

Please accept and rate my response, cheers, James

Customer: replied 1 year ago.
Thank you will let you know how i go on monday you have given me a peace of mind and forgot to mention that i am on bail
Expert:  James D. Ford replied 1 year ago.

Good luck Monday... Please accept and rate my response, cheers, James

Expert:  James D. Ford replied 1 year ago.

How did you go yesterday?

Customer: replied 1 year ago.
I go back on thr 19th October
Expert:  James D. Ford replied 1 year ago.

How did it go at the last hearing? Can I assist any further?

Kind regards, James

Customer: replied 1 year ago.
Now mysolicitor has mixed dates up wjen i have to go back instead of 19th october now is the the 16th November and he is still adamant that i am going to jail
Expert:  James D. Ford replied 1 year ago.

Has your lawyer provided any legal reasons as to why he thinks you will serve time? any similar examples of a case where this occurred, with a similar conviction against a first time offender?

Did you read the background reading on sentencing guidelines?

I provided a link for you to read above.. did you show this to your lawyer? what was his response?

Kind regards,

James

Customer: replied 1 year ago.
No not that i knoe of
Expert:  James D. Ford replied 1 year ago.

Please accept and rate my response, and let me know if there is anything else I can do to assist, cheers, James