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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9357
Experience:  28 years as a practising solicitor.
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How long does it take to hear from the PF in Scotland if there

Resolved Question:

How long does it take to hear from the PF in Scotland if there is going be a case? I was charged with embezzlement. My granddad (not biological) had a stroke, he had money in his bank he wanted out and told me to take half and do what I like and put the other half into his premium bonds which I did. He fell out with us for telling a nurse he was sick in the car (we had to inform them of anything incase his blood pressure was up again or for any signs of another stroke) he took spite and saw us as the enemy we had to get social in who took him into respite and when my brother handed him the bond receipt he told him there better be 20k or there would be trouble, 2 months later had the police interview and charge me claiming he said I was to put half into bonds and the other half onto the national lottery :/ 7k was our half. he lived with us free and we did all we could for him yet feel let down, I suffer with mental health issues and health issues, two days before the police interviewed me I attempted suicide but chickened out and then that happened. The police were nice and said they will let the fiscal know of his confused state but I am still worried. It has been 4 or more weeks now and my solicitor said the fiscal has no report yet, why would it take so long and what may the possible outcome be? I have no criminal record other than the odd motoring offence 10 years ago and one 2 years ago. thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Embezzlement is a common law crime. As such there is no time limit for prosecuting it and it can take many months for a report to the PF and many more before the PF decides whether or not to prosecute.

It may be that if the police are putting in a "sympathetic report" it will never be prosecuted. They need evidence and the say so of your grandad and his mental state is such that I doubt anything will ever come of this. It is certainly insufficient to prove any charges against you, in my opinion.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.

I did go with him to the bank so he could withdraw his money but I have no way of proving he said to use half for myself instead of putting half on the national lottery which seemed strange when the police told me the allegations, what is the worst case scenario should I be charged for this? I am really worried about it all :( many thanks for your reply

Expert:  JGM replied 2 years ago.
It's not for you to prove anything. The onus of proof is on the PF to prove you committed a crime and I don't think they enough evidence to do that. I really think you should stop worrying about this.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9357
Experience: 28 years as a practising solicitor.
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