my client has been cautioned but not charged of an offence. his crime was using a credit card (not his) to obtain goods. the problem is that the card was cloned (not stolen). he didn't actually leave the store with the goods. the card was given to him as a prank. what should i advise him to do? also what if he cannot get his friend (the one who set up the prank) to go to the police, what would happen then? help!!!
2007-07-11 00:19:59 · 9 answers · asked by ? 2 in Politics & Government ➔ Law Enforcement & Police
Also, what sort of sentence would he be likely to receive?
2007-07-11 00:28:57 · update #1
It's a mock exam question, I'm still training. ok
2007-07-11 00:32:28 · update #2
The point of law you seem to be relying on is a 'reasonable excuse' to be in possession of someone else's ID card. I would say that he has absolutely no reasonable excuse whatsoever - he attempted to use the card - was it in his name? Who wouldn't be suspicious if a friend 'gave' them a card to use - surely everyone is aware that you must only use a card issued personally to you.
You say he's been cauioned? Well what's the problem then? He must have accepted the caution in the first place - is he now appealing this?
If he is charged, advise him to go guilty otherwise he's going to get a tougher sentence for wasting everyone's time and money (including his legal aid, I expect). Do not offer such a ridiculous defence as he will end up with egg on his face.
And remember that your job is to assist him to understand the law and protect his rights, not to help him develop stupid excuses that make no sense.
2007-07-11 01:56:25 · answer #1 · answered by Ben G 2 · 0⤊ 0⤋
Then your client" goes to jail for possession of stolen property, identity theft, and mail fraud. The only way out for him is to go straight to the police station, hand them the card, tell them what happened, and go against his friend. This is the only way he can terminate his complicity to the crime.
2007-07-11 07:27:13 · answer #2 · answered by spag 4 · 2⤊ 0⤋
First of all, if your "client" has been cautioned but not charged, there is nothing more for him to do. You should know this. All the rest is just smoke & mirrors.
2007-07-12 04:18:56 · answer #3 · answered by champer 7 · 1⤊ 0⤋
Give over you are not a solicitor, If youi were you would talk to another lawyer who is a friend (on a no names no pack drill basis) or do what everyone else does and get Counsels advice
2007-07-11 10:00:24 · answer #4 · answered by Scouse 7 · 1⤊ 1⤋
I would advise him to stick his head in a plastic bag.
'Your client' ? Are you a solicitor or barrister then?
Your English, vocabulary, and arguement say otherwise.
I have yet to see a lawyer seeking advice on Yahoo.
Do what all cons do. Get Legal Aid !
2007-07-11 07:29:48 · answer #5 · answered by Bunts 6 · 2⤊ 2⤋
from your additional question you clearly think your client guilty. This being so then how do you expect to convice the court otherwise.
2007-07-11 07:33:04 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I would advise your " client " to hire a lawyer.
2007-07-11 07:30:20 · answer #7 · answered by wayne g 7 · 2⤊ 1⤋
Let the stupid **** go to jail and then they will sort their friend out.
2007-07-11 07:24:28 · answer #8 · answered by Paul S 3 · 1⤊ 1⤋
You say he has been then that is the end of it.?
2007-07-11 10:58:46 · answer #9 · answered by frankturk50 6 · 1⤊ 0⤋