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Criminal Defence Articles

WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR HANDLING STOLEN GOODS?

Being arrested or charged with handling stolen goods can be a daunting and confusing experience. This offence is taken very seriously under English criminal law, and the consequences can be severe. If you find yourself in this situation, you must make efforts to understand your rights, the legal process, and the steps you should take to protect yourself. This article will explain what you should do if you are arrested or charged for handling stolen goods, what to expect, and how a criminal defence solicitor can help.

Do I need a solicitor for handling stolen goods?

Handling stolen goods is an offence under Section 22 of the Theft Act 1968. If you are arrested or charged with this offence, it is incredibly important that you have a solicitor represent you from the very beginning. The law around handling stolen goods can be complicated, and the consequences of a conviction are serious. Here are some key reasons why you need a solicitor:

  • A solicitor will protect your rights during police interviews and ensure you do not say anything that could be used against you later in court.
  • They can explain the charges and the evidence against you in clear terms, so you fully understand your situation.
  • A solicitor will assess whether the police and prosecution have followed correct procedures, and challenge any evidence that may have been obtained unlawfully.
  • They can identify possible defences, such as lack of knowledge or honest belief, and gather evidence to support your case.
  • Your solicitor will negotiate with the prosecution where appropriate, which could result in charges being dropped or reduced.
  • If your case goes to court, a solicitor will represent you, present your defence, and argue for the best possible outcome.

Don’t be concerned that having a solicitor is an admission of guilt. It is not. Instead, think of it as a vital safeguard to ensure you are treated fairly and your interests are protected throughout the legal process.

What are possible defences for handling stolen goods?

There are several possible defences to a charge of handling stolen goods, and the right approach will depend on the facts of your case.

Common defences include lack of knowledge, where you did not know or suspect that the goods were stolen; honest belief, where you genuinely believed the goods were not stolen; and mistaken identity, where you have been wrongly identified as the person involved. In some cases, you may be able to show that you were acting under duress or that you had no control over the goods.

You don’t need to decide which defence applies to your case. A solicitor will carefully examine the evidence, interview witnesses, and explore all possible avenues to clear your name before starting work on your defence.

It is also helpful to remember that the prosecution must prove beyond reasonable doubt that you knew or believed the goods were stolen at the time you handled them. If there is any doubt about your knowledge or intent, this can be used to challenge the prosecution’s case. Your solicitor may also be able to challenge the reliability of the evidence, such as questioning the credibility of witnesses or the way in which the goods were linked to you. Every case is different, and a skilled solicitor will tailor your defence to the specific circumstances and evidence involved.

Will I get bail for handling stolen goods?

Whether you are granted bail after being charged with handling stolen goods depends on several factors, and bail is never guaranteed. The court’s main concern is to ensure that you will attend future court hearings and that you do not pose a risk to the public or the legal process. Bail may be refused if the court believes there is a risk you might abscond, commit further offences while on bail, or interfere with witnesses or the investigation.

The seriousness of the alleged offence will be taken into account, as well as your previous criminal record, your personal circumstances, and your ties to the community, such as family connections, employment, or a permanent address. If you have a history of failing to attend court or breaching bail conditions in the past, this will count against you.

If the court is concerned about any of these risks, it may still grant bail but with strict conditions attached. These conditions could include regularly reporting to a police station, living at a specific address, surrendering your passport, observing a curfew, or avoiding contact with certain individuals. Breaching any of these conditions can result in your bail being revoked and you being remanded in custody.

If bail is refused, you will be kept in custody until your trial or until a further bail application is made. Your solicitor can make strong representations on your behalf, highlighting any factors in your favour and proposing suitable bail conditions to reassure the court. Having an experienced solicitor is crucial in these situations, as they can present your case in the best possible light and maximise your chances of being granted bail.

Will I have to go to court if I’m arrested or charged for handling stolen goods?

If you are charged with handling stolen goods, you will almost certainly have to attend court.

This offence can be dealt with in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the case and the value of the goods involved. Your first appearance will usually be in the Magistrates’ Court, where the case may be sent to the Crown Court if it is particularly serious. At court, you will be asked to enter a plea of guilty or not guilty. If you plead not guilty, the case will proceed to trial, where the prosecution must prove your guilt beyond reasonable doubt. If you plead guilty, the court will move to sentencing, taking into account any mitigating factors your solicitor presents.

If you are worried about going to court, remember that your solicitor will guide you through each stage and represent your interests throughout.

Will I go to jail if found guilty of handling stolen goods?

Handling stolen goods is a serious offence, and if you are found guilty, a custodial sentence is possible, especially if the value of the goods is high or if you have previous convictions. The length of the sentence will depend on your level of involvement, the value and nature of the goods, and your previous criminal history. The absolute maximum you could get is 14 years’ imprisonment, but most cases will be lower than that.

While the sentencing guidelines for handling stolen goods are strict, the court will consider any mitigating circumstances, such as your age, personal circumstances, remorse, or cooperation with the authorities. Your solicitor will present all relevant information to the court to achieve the best possible outcome.

Will I go to jail if it’s my first offence of handling stolen goods?

Even if this is your first offence, a conviction for handling stolen goods can still result in a prison sentence, particularly if the value of the goods is significant or if there are aggravating factors. However, being a first-time offender may be taken into account as a mitigating factor, and your solicitor can argue for a more lenient sentence. The court will look at the specific circumstances of your case, your role in the offence, and any steps you have taken to address your behaviour. In some cases, the court may consider alternatives to immediate custody, such as a suspended sentence or community order, but this is not guaranteed.

Can I get Legal Aid for handling stolen goods?

Legal Aid is available for those facing criminal charges, including handling stolen goods, provided you meet certain criteria. Legal Aid helps cover the cost of legal representation, ensuring you have access to a solicitor regardless of your financial situation.

Eligibility depends on both the seriousness of the offence and your financial circumstances. Handling stolen goods is considered a serious offence, so the case will usually qualify on the merits. You will also need to provide information about your income, savings, and outgoings. If you are in receipt of certain benefits or have a low income, you are more likely to qualify. If you think this could be a good option for covering your costs, ask your solicitor for more information – they can help you apply for Legal Aid and guide you through the process.

Where to get more help

If you have been arrested or charged with handling stolen goods, seek expert legal advice as soon as possible. At Stuart Miller Solicitors, we are specialists in criminal defence and have extensive experience dealing with cases involving handling stolen goods. Our team can guide you through every stage of the process, protect your rights, and build the strongest possible defence. For confidential advice and a free consultation, contact Stuart Miller Solicitors today.

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