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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 63937
Experience:  Over 5 years in practice.
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I have got a court hearing for benefit fraud and i now look

Customer Question

I have got a court hearing for benefit fraud and i now look back and am going to plead guilty will i go to jail ? i have two children and i am paying the over payment back each month
i am so worried can you give me advice
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 : HiThank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.
Jomo1972 : In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.
Jomo1972 : How much is the over payment?
Expert:  Jo C. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Jo C. replied 1 year ago.
I am sorry for any delay you are experiencing. Unfortunately there are some bugs online and have been for a while. Its not something I have control over because the site is hosted in California and I am in London.

Can you respond?
Customer: replied 1 year ago.
jomo1972 the overpayment is 3,59.01 and i am paying back 50.00 pounds each month
Expert:  Jo C. replied 1 year ago.
Sorry, have I got the price right? £359.01?
Customer: replied 1 year ago.
it is three thousand and fifty nine pounds and a penny
Expert:  Jo C. replied 1 year ago.
Thanks.

Do you have any previous convictions please?

I am just going to be offline for about an hour while I travel to court but I will get to this early this morning.
Customer: replied 1 year ago.
no i don't have any convictions
Expert:  Jo C. replied 1 year ago.
Thanks for the information.

You will not go to prison realistically. There s no prospect of that.

This is am overpayment that just exceeds the sum that the councils will normally allow you to relay without prosecution. That is almost certainly the reason you are being prosecuted.

However, it is a low amount. A court would be likely to impose a conditional discharge or a fine. Given that you are repaying this sum they are likely to impose a conditional discharge.

There will be costs of £85 if you plead on the first occasion.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.
what does a requisition mean ? will i get a criminal record
Customer: replied 1 year ago.
the charge is on three accounts ? i have been told that it is a possibility that i might go to jail please tell me i have children and he is only 4
the acts are on three charges contrary to section 112(1a) and (2) of the social security administration act 1992
Expert:  Jo C. replied 1 year ago.
There is no chance of custody.

you will get a criminal record I'm afraid.

A requisition is a summons.
Customer: replied 1 year ago.
what do you mean by custody ? sorry does it mean jail? i am so worried i have children
Expert:  Jo C. replied 1 year ago.
Custody does mean gaol I'm afraid.

But that will not happen here.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 63937
Experience: Over 5 years in practice.
Jo C. and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
i have two children and i am paying this back please tell me
i dont want to go jail i have never done this before
Customer: replied 1 year ago.
what will happen ? u said before that i will not go to jail can u recommend me to solicitor ?
Expert:  Jo C. replied 1 year ago.
Thanks

Where are you in the country roughly?

I'll be delighted to continue with this but please rate my answer.
Customer: replied 1 year ago.
United Kingdom
hertfordshire
Expert:  Jo C. replied 1 year ago.
You could try Lawtons solicitors here

http://www.lawtonslaw.co.uk/

If they have somebody there anyway then they will cover it upon that day if legal aid is to be available.

Failing that though, the duty solicitor will be absolutely fine. Its not a complicated sentence.

There is no realistic chance of prison.
Customer: replied 1 year ago.
Thanks is that a guarantee that i will not go to prision as my little boy is only 4 how much will the fine be ?
Expert:  Jo C. replied 1 year ago.
Nobody can guarantee the sentence of the court but its very unlikely.

I suppose if it did happen then you could appeal and seek bail pending appeal.

There isn't really a justification for it here.

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