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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR FRAUD BY ABUSE OF POSITION?

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Fraud by abuse of position is a serious offence, and securing legal representation as early as possible can have a significant impact on the outcome of your case. A skilled solicitor can provide essential guidance, helping you navigate the complexities of the legal process and ensuring your rights are protected at every stage. This article will explore pressing questions like whether you need a solicitor specifically for fraud by abuse of position, potential defences available to you, and the likelihood of being granted bail.

Do I need a solicitor for fraud by abuse of position?

Fraud by abuse of position, defined under the Fraud Act 2006, occurs when an individual misuses their position of trust to dishonestly secure a benefit for themselves or another person, or to cause a loss to another. This is a serious crime, and if you find yourself accused of this crime, having a solicitor will provide numerous benefits, including:

  • Fraud by abuse of position is a complex offence that demands a solid understanding of both the legal framework and the specifics of your situation. A solicitor can offer expert guidance, clarifying the law and how it impacts your case.
  • If your case goes to trial, a solicitor can represent you, ensuring that your side of the story is presented effectively. A solicitor will also handle all procedural requirements, alleviating pressure and helping you understand what to expect.
  • In cases where the evidence is strong, a solicitor can work to reduce potential penalties. They may help demonstrate mitigating factors to the court, potentially lowering the severity of any sentencing.
  • Often, a solicitor can engage in negotiations with the prosecution to secure a more favourable outcome, such as a reduced charge or sentence, through plea bargaining.
  • Beyond legal advice, a solicitor can provide much-needed support and emotional guidance to help you handle all aspects of the criminal justice process, which can be taxing.

What are possible defences for fraud by abuse of position?

 One of the potential defences is the lack of dishonesty. For a conviction of fraud by abuse of position, the prosecution must prove that the defendant acted dishonestly. If it can be demonstrated that the actions were in good faith or that the defendant genuinely believed they were acting in the best interest of the person or organisation involved, this may serve as a defence.

Another defence could involve contesting the element of intent. The prosecution needs to show that there was an intention to make a gain or cause a loss. If you can prove that there was no intention to achieve a financial benefit or to harm financially, this could provide a valid defence.

A misunderstanding or mistake could also be usable as a defence. This involves arguing that any actions leading to the charge were due to a misjudgement or error, rather than a deliberate act of fraud. For instance, if financial accounts were mishandled due to an oversight rather than a deliberate attempt to deceive or defraud.

Duress or coercion can be considered another possible defence. This would apply if you can prove that you were forced into committing the act because of threats or pressure from someone else. However, it must be a situation where you had no realistic safe avenue to avoid the duress or coercion.

Other defences may be available, depending on your exact circumstances.

Will I get bail for fraud by abuse of position?

 When determining bail for fraud by abuse of position, the court assesses several key considerations:

  • Nature of the offence: The seriousness of the charge plays a significant role. Fraud by abuse of position is considered a serious offence because it typically involves a breach of trust, and this can influence the court’s perception of the risk involved in granting bail.
  • Risk of failing to surrender: Courts assess the likelihood of the defendant attending future court dates. Factors such as having a stable residence, family ties, and employment can positively impact this assessment.
  • Previous offences: A past criminal record, especially with similar offences, might adversely affect your chances of being granted bail. The court will consider whether the past behaviour indicates a risk of reoffending or disrespecting bail terms.
  • Risks to the public: If there is a perceived risk that you might commit further offences while on bail, this will weigh heavily in the court’s decision. Fraud offences potentially affecting other individuals or organisations are taken seriously.
  • Interference with witnesses or evidence: Any indication that you might attempt to intimidate witnesses or tamper with evidence can lead to a denial of bail.

Will I have to go to court if I’m arrested or charged for fraud by abuse of position?

 Whether you will have to go to court depends on several factors, including the strength of the evidence, the complexity of the case, and the decisions made by the Crown Prosecution Service (CPS) and your defence team. Here are a few points to consider:

  • Initial investigations: Initially, an investigation will be conducted by the police or another relevant authority. You will be interviewed, and evidence will be gathered. With sufficient evidence of wrongdoing, you could be charged with the offence.
  • Plea and directions: If charged, you will make an initial court appearance, usually at a Magistrates’ Court, where you will be asked how you plead. If you plead guilty, your case may be resolved at this stage, possibly with sentencing taking place without the need for a full trial.
  • Type of court: Fraud offences can be dealt with either in the Magistrates’ Court or the Crown Court, depending on the severity of the case. More serious or complex instances of fraud will likely lead to proceedings in the Crown Court.

Will I go to jail if found guilty of fraud by abuse of position?

 One of the most critical factors is the severity of the offence. The court will consider the extent of the financial loss caused by the fraud, as well as the level of planning and sophistication involved. Larger, more complex frauds that result in significant financial harm are more likely to lead to imprisonment, as they demonstrate a higher degree of culpability.

Another important consideration is the breach of trust. Fraud by abuse of position inherently involves exploiting a position of trust, and the court will assess the nature and degree of this breach. The greater the betrayal of trust, particularly if it involves vulnerable individuals or organisations, the more likely a custodial sentence will be imposed.

The role of the accused is also a key factor. The court will examine whether you acted independently or as part of a larger scheme. Those who played a leading or organising role in the fraudulent activity are more likely to face harsher penalties compared to individuals with a minor or peripheral role.

Your past criminal record will also influence the court’s decision. A clean record may work in your favour, potentially leading to a more lenient sentence. However, a history of similar offences can increase the likelihood of imprisonment, as it suggests a pattern of behaviour.

Finally, the court will consider any mitigating factors that might lessen the severity of the sentence. These could include demonstrating genuine remorse, cooperating with authorities, repaying the financial loss, or showing that the offence was out of character.

Will I go to jail if it’s my first offence of fraud by abuse of position?

 Whether you go to jail for a first offence of fraud by abuse of position depends on several factors. As with all cases, courts will consider the value of the fraud, the impact on the victim, and the level of trust breached.

For first-time offenders, mitigating factors such as showing remorse, cooperating with authorities, or repaying the financial loss can reduce the likelihood of imprisonment, and alternatives like suspended sentences or community orders may be considered depending on the circumstances.

Can I get Legal Aid for fraud by abuse of position?

 Eligibility for Legal Aid in criminal cases depends on a few key factors: the nature and seriousness of the charge, your financial situation, and whether it’s in the interest of justice for you to have a state-funded lawyer. Since fraud by abuse of position is a serious offence, it is likely to meet the seriousness requirement.

The deciding factor is usually a person’s financial situation. Your financial status will be scrutinised to determine whether you can afford to pay for legal representation. This involves looking at your income, savings, and assets. If your income falls below a certain threshold, you may qualify for Legal Aid.

Where to get more help

 With the support of a knowledgeable criminal defence solicitor, you can navigate the complexities of the legal system with confidence, even when facing charges as serious as fraud. The team at Stuart Miller Solicitors is very experienced in this area of criminal law and has assisted countless individuals over the years. For a free consultation about your options, please get in touch with the team today.

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