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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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Solicitor, I have a further question in relation to the

Customer Question

Hi Solicitor, I have a further question in relation to the fraud matters. My patner wanted to pay the money back ( i mean the 2500Euro) that was involved in the fraud. Does this help her in the case at all. If she goes to the court with the money or part of the money) and is she going to get convicted even paying back the money?
Submitted: 8 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 8 months ago.

1. Paying back the money will make a big difference to the sentence imposed. If the money is not paid back, the sentence will be much higher. If the money is paid back, then she may only get a suspended sentence in the District Court. However, be aware that a conviction will still be entered whether she pays back the money or not. Paying back the money will only affect the sentence as it is a key factor in making a plea in mitigation for your partner.

Expert:  Buachaill replied 8 months ago.

2. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question.

Customer: replied 8 months ago.
Hi Solicitor,
I have a further question about the fraud matters, my patner just told me that they dont have a cctv but the guards only showed her pictures of her and the sales assistant at the till. She's willing to pay back the money but think the guards dont really have enough evidence to prosecute her and also the signature of all the receipt is not her signature. can they find her guilty with just pictures obtained from cctv? furthermore, what do you advice on section 29 as she said she is not pleading guilty to that because the the phone was seized from her after 2months when they came to meet her but the guards charged her as if they got the phone from her in the store.. the date on the charge sheets was the day on the receipt but that was not the day the phone was seized from her. I just need an expert advice about this.
Expert:  Buachaill replied 8 months ago.

3. I would advise you to get a real live lawyer to examine the evidence and assess its credibility. There is no way of knowing, just from what you say, whether there is sufficient evidence to successfully prosecute. I can only guess. That is not good enough. I would suggest you take the case evidence, obtained from a Gary Doyle order and get a lawyer to examine it. Otherwise, I will be telling you one thing and the reality will be something different. There is no way to give accurate answers online.

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