WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR IDENTITY FRAUD?

Identity fraud is a significant concern in the UK, with thousands of cases reported annually, and the importance of seeking expert legal advice if you find yourself arrested or charged with such an offence cannot be understated. As daunting as the situation may seem, engaging a skilled solicitor at the earliest opportunity can make a crucial difference in navigating the legal complexities involved. This article aims to address some of the pressing questions you might have, such as whether you need a solicitor for identity fraud charges or what possible defences might apply in your case. We’ll also explore the likelihood of obtaining bail if faced with these charges, along with other frequently asked questions surrounding the topic.

Do I need a solicitor for identity fraud?

Put simply, having a solicitor by your side can make a significant difference in how your case is handled and its eventual outcome. Here are some key reasons why hiring a solicitor is essential:

• Identity fraud cases can range from using someone else’s identity to obtain goods or services to being involved in more complex schemes. Each scenario has different legal implications, and a qualified solicitor can help you understand the specific charges against you and the potential consequences.
• Solicitors are well-versed in the various defences available for identity fraud. They will assess the evidence the prosecution has against you and explore all possible lines of defence.
• Solicitors possess the skills to negotiate with the prosecution service. They may be able to reach a plea agreement that could result in reduced charges or a lesser sentence, depending on the circumstances. Without legal representation, you may find it challenging to negotiate favourable terms on your own.
• In court, a solicitor can represent you, ensuring your case is presented clearly and accurately. They will handle procedural matters, cross-examine witnesses, and present evidence in your defence.

What are possible defences for identity fraud?

Some common defences to identity fraud charges include:

• Lack of intent: One of the primary elements the prosecution must prove is that you intentionally committed the fraud. If you can demonstrate that you did not intend to deceive or defraud another person, it might serve as a valid defence. For example, if the personal information was used mistakenly or without awareness of its false nature, this may support a lack of intent argument.
• Mistaken identity: Sometimes, the wrong individual may be accused of identity fraud. If you believe you were mistakenly identified as the perpetrator when you were, in fact, not involved, this defence might apply. Alibi evidence, such as witness testimony or records showing your whereabouts, can be crucial in establishing this defence.
• Duress: If you were forced or threatened into committing identity fraud, this could form the basis of a duress defence. This defence requires proving that the coercion was immediate and significant enough to override your free will.
• Insufficient evidence: The burden of proof lies with the prosecution to establish your guilt beyond a reasonable doubt. Your solicitor may challenge the adequacy of the evidence against you, potentially leading to a dismissal or reduction of charges if the evidence is not strong enough to support a conviction.
• Entrapment: In rare cases, entrapment can be a defence if it can be shown that the police or another party induced you to commit the offence in a way that you would not have otherwise done.

Will I get bail for identity fraud?

The decision to grant bail largely hinges on several key considerations:

• Nature and seriousness of the offence: Identity fraud is considered a serious offence, especially if it has resulted in significant financial loss or harm to victims. The gravity of the charges may influence the court’s decision on whether to grant bail.
• Previous criminal record: If you have a history of criminal behaviour or failure to adhere to previous bail conditions, this might negatively impact your chances of being granted bail. Conversely, if you have no prior convictions, this may work in your favour.
• Risk of flight or interference with witnesses: The court will assess whether you are likely to flee to avoid trial or interfere with witnesses. If there is a concern that you might obstruct the course of justice, this could be grounds for refusing bail.
• Ties to the community: Having a stable home, family commitments, or employment may demonstrate to the court that you are less likely to abscond if granted bail.
• Additional information from the prosecution or defence: Evidence suggesting you are unlikely to reoffend or pose a risk to the public may also influence the court’s decision.

If bail is granted, it may come with conditions, such as surrendering your passport, reporting to a police station regularly, or avoiding contact with certain individuals.

Will I have to go to court if I’m arrested or charged with identity fraud?

Minor cases of identity fraud, involving minimal financial loss, may be dealt with in a Magistrates’ Court, which handles less serious offences. However, more significant allegations, especially those involving substantial sums of money or complex schemes, are likely to be escalated to a Crown Court, which deals with serious criminal matters.

Your plea is also relevant. If you plead guilty to the charges, you may still need to attend court for sentencing, but the process may involve fewer appearances. If you plead not guilty, a trial will likely follow, requiring multiple court appearances as evidence is examined, witnesses are called, and your defence is presented.

Note that, in some cases, your solicitor may negotiate with the prosecution to resolve the matter without a trial. This could involve a lesser charge or even a discontinuation of the case if the evidence is insufficient, meaning you will not have to go to court.

Will I go to jail if found guilty of identity fraud?

The severity of the offence plays a leading role in determining the likelihood of a custodial sentence. Cases involving substantial financial losses, multiple victims, or sophisticated and premeditated planning are more likely to result in imprisonment. The greater the scale and complexity of the fraud, the harsher the potential punishment.

Your level of involvement in the offence is another critical factor. If you were the primary offender or played a central role in orchestrating or executing the fraud, the chances of receiving a jail sentence increase. However, if you were a minor participant or an accomplice with limited involvement, the court may impose a less severe penalty, such as a suspended sentence or community service.

Finally, your previous criminal record will influence the court’s decision. If you have a clean record and this is your first offence, the court may be more inclined to impose a lenient sentence, such as a fine or community order. However, repeat offenders or individuals with a history of similar crimes are more likely to face custodial sentences, as the court may view them as a greater risk to the public.

Will I go to jail if it’s my first offence of identity fraud?

 If you are facing identity fraud charges for the first time, the prospect of going to jail can be particularly worrying. While identity fraud is a serious offence under the Fraud Act 2006, the likelihood of receiving a custodial sentence as a first-time offender depends on several factors, including the severity of the offence, the level of planning involved, and the impact on the victims.

For first-time offenders, the courts may be more inclined to consider alternative sentencing options, especially if the offence is deemed less severe. For example, if the fraud involved a small financial loss, minimal planning, or was opportunistic rather than premeditated, the court may impose a non-custodial sentence. This could include penalties such as a fine, a community order, or a suspended sentence, which allows you to avoid immediate imprisonment as long as you comply with certain conditions.

That said, if the offence involved significant financial losses, multiple victims, or evidence of sophisticated planning, the court may still consider a custodial sentence, even for a first-time offender.

Can I get legal aid for identity fraud?

 Legal Aid is a government-funded programme designed to provide financial assistance to individuals who cannot afford legal representation. Eligibility for Legal Aid depends on two main criteria:

• Your income, savings, and benefits will be assessed. Those receiving certain benefits, such as Universal Credit, may automatically qualify.
• The Legal Aid Agency will evaluate whether your case has sufficient merit to warrant funding.

Your solicitor can help you determine if you qualify for Legal Aid and guide you through the application process.

Where to get more help

The complexities of the criminal justice system can be overwhelming, but having an experienced criminal defence solicitor by your side can make a significant difference. Stuart Miller Solicitors are dedicated to providing comprehensive legal support tailored to your unique situation. To secure expert legal advice and representation, don’t hesitate to get in touch with our team today.

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

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16:48 16 Jan 25

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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