I am going to court for fraud . . . advise, comments?

Question

I'm going to court for ripping ebay customers off - about 8 for a total of £3000. I have no convictions but was charged with meal fraud 18 months ago. I told the police all of the truth and was 17 when I commited these offences and am now 18. I've changed and now respect the law and am going to study law and criminology and university in September. I'm in Scotland - what punishment do you think I will get? Any advice? Thanks

Answer 1

You need a lawyer. Your lawyer will have a much better idea what attitude the local courts take to particular offences, and what account they take of previous entanglements with the police, than anybody responding to a brief query on Yahoo. And the sentence may depend on how effectively your advocate pleads your case.

As your query suggests that you may have been involved with fraud on two separate occasions, be warned that a court may be sceptical about your claims that you will respect the law in future.

Many people who get involved in legal actions want to go onto study law. However, bear in mind that the legal profession is very tough on accepting applicants with any sort of criminal record. They are in particular very very tough on anybody who was been involved, ever - the law relating to spent convictions is waived for the law professions - with even minor financial transgressions, because they are concerned that anybody with such a record might rip off clients' money. The same concerns are likely to apply to businesses etc. wanting people with a law degree even if they are not qualified. In other words, if you do law at uni you may find more difficulty in getting a job afterwards than if you did a more forgiving subject. My advice would be to go to your local authority's Careers Office who should advise you confidentially on the employment implications of your court appearance, and hence what uni course might suit you. If you are convicted, if you are lucky a probation officer may also help you - after all they don't want you to be unemployed and a repeated client of the courts.

I shall restrain myself from expressing an opinion about what you have done. That is not helpful for the future.

Answer 2

The court would only be impressed if they heard that you had been saving up to repay those people what you stole from them. That would be a real indication of contrition. As it is, a fine would be unrealistic, as you don't sound as though you are going to have any prospect of earning money to pay either a fine or compensation and compensation will be at the forefront of the mind of whoever sentences you. What is unclear is whether you are being tried as a child or an adult, given that the offences were committed when you were only 17. That, of course, will make a big difference in how you are treated by the court. Quite frankly, I think you deserve a term of imprisonment. I find that I have more sympathy for the victims than for you. It will help if you can bring yourself to see things from their point of view, as that will enable you to come to court with a real plan of campaign as to how to set matters right with them. The compensation will still be looming large if you are sent to prison (or YOI) and you may find yourself appearing in court again after release to discuss how it is to be paid.
I am afraid that you will not be allowed to practise as a solicitor or an advocate with this conviction behind you. That does not mean that it is not a good idea to study law. You might find that you can pursue a career of another kind on the basis of your experiences.

Answer 3

I would think you will get a punishment that fits the crime don't you? Hopefully one that will be unpleasant enough for you to never consider ripping off poor joe public again.

Additionally you should be made to pay back every single penny to your 'victims'. But I suspect you will not be.

If you have changed then I am glad, however don't expect for your history to be forgotten quickly because you have turned over a new leaf. It was a despicable thing that you did and you will pay for it in many ways i.e. sentence/fine/exclusion from jobs when you start work etc/animosity from those you ripped off. - you reap what you sow as they say.

I should add that fraud can ruin people's lives and communities, not yours but theirs - I'd say we should pop you into the village green stocks (Trafalger Square would be a good start) for 24 hours on the sunday before your sentence....

Answer 4

Are you looking for sympathy!!!, i truly hope you get what you deserve, you have no previous convictions well that's probably because you have only been caught on this one, if the truth is known i bet you have a long history of similar crimes, don't count on being out in time to start the course you are on about, you knew it was a crime when you were 17 in my opinion that should not count, i hope you have an unpleasent time in jail

Answer 5

Personally, I'd like to see you get a custodial sentence, whether you have previous or no. At least a hefty fine and a considerable suspended sentence.

Could seriously affect your future career, I would think, and certainly your ability to support yourself through college.

I'd just like to point out that I haven't been defrauded via ebay (yet) and so this isn't merely sour grapes.
Fraud is one of those nasty crimes that people often think is ok because "nobody gets hurt", whereas in fact the perpetrators have no idea nor do they care) what damage they do.

My advice is to get yourself a good lawyer...

Answer 6

Most fraud cases also have ensuing criminal liability in addition to civil....are you facing any jail time? Since you have already admited to the fraud then you will probably be forced to compensate the victims only and maybe pay legal costs for plaintiffs.....hopefully no jail since you are a first offender....the victims can then bring civil suit agst you for more damages based on the criminal proceedings

Answer 7

Well for deliberately defrauding innocent and honest people all I can say is that whatever you do get, it won't be enough. You say you've changed, but you don't say that you're sorry and that you feel ashamed of yourself. One thing is for sure, with a criminal record you won't be able to do anything workwise with a law degree. That's if you're free to go to university in September. If there's any justice you'll still be in prison.

Answer 8

I'm sure your solicitor has already told you what to expect.

You'll get a lesser punishment if you pay back the poor customers you ripped off, and send them a letter of apology via your solicitor.

Due to your age I expect you'll just get another slap on the wrist and have to visit a youth offending team worker regularly for about a year.

Answer 9

So a serial fraudster.
Judges take a very dim view of fraudsters on legal websites like ebay.
They know that the people you have conned need to have trust in sites such as these.
Not only did you diminish your 'good' name but you brought the reputation of ebay into disrepute as well.
If it was up to me, you would not see the light of day for a very,very long time.

Answer 10

well you will obviously have a criminal record.. this may go against you if you decide to look for a career in the legal system. Doing a course in criminology would lead to career in police, solicitors, courts, customs and other.... but with a record you may not be employable...

as for punishment.. why dont you seek advice from citizens advice bureau