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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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Last week I was charged with forgery and uttering. However,

Customer Question

JA: Hi. How can we help?
Customer: Last week I was charged with forgery and uttering. However, their was no intention to defraud, and after three hours of doing it i tried to withdraw the letter which was sent to the regisrty trust saying that an £800 decree had been paid. Once I realised that it had not been paid (5pm the same day) I phoned Registry Trust to inform them that the document was not genuine. Called the creditor in the morning, gave them my card details which they then took payment and apologised. Three weeks later the police called and charged me. I co-operated fully with them and told them the truth. At the time I did it I was coming of Prozac and feeling very low, as it was the birthday of my late son who died in 2005 at the age of 10. I have not done anything like this before, a stupid and reckless thing to do and no intent to defraud anyone. After I realised how stupid it was I did contact the registry trust in the matter of hours.
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Since estate law varies from place to place, can you tell me what state this is in?
Customer: ok
JA: Have you talked to a lawyer yet?
Customer: yes
JA: What advice did they give you?
Customer: They would be surprise if it would come to court, but a second opinion would be good.
JA: Anything else you think the lawyer should know?
Customer: I have been to the Doctor previous to this daft action, good god I am 55 years old - what a prat- saying I was feeling suicidal as my moods and emotions have been all over the place. The medication now is helping
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Scots Law
Expert:  jomo1972 replied 1 year ago.

Are you in Scotland?

Customer: replied 1 year ago.
Expert:  JGM replied 1 year ago.

When you say that you had no intention of defrauding anyone, what do you mean by that? Until you tried to withdraw the letter is it not the case that you had every intention of committing fraud?

Customer: replied 1 year ago.
Not at all, I thought the item had been paid-I was just frustrated with the decree being on my credit file-I was very low has been been suufering from a rebout of greif after losing my 10 year old son in 2005. I have never done this before. I paid the amount immediately the next morning on realising this. It was a very isolated event. It is was not thought out at all, I contacted the trust several hours later informing them that the letter was not genuine, they thanked me and said that they would not be taking the matter further.
Expert:  JGM replied 1 year ago.

In that case you would be able to plead that there was no mens rea, ie, mental intention to commit the crime. That is if they prosecute to start with. I would think it unlikely where you paid the debt immediately.

Customer: replied 1 year ago.
It was to late on the Tuesday to make the payment, so I phoned with my card details on the Wednesday and payment was taken just before 12noon in full from my card.
The time line for the whole incident is as follows: Sent letter to registry trust at around 1130 am, phoned and emailed registry trust just before 5pm on the Tuesday and made payment as above.
Does my mental state re being very upset and emotional have any bearing on this.
Thank you
Expert:  JGM replied 1 year ago.

Yes it would, and I presume the police report to the PF will make mention of this.