Help - Underground Fare Evasion at Magistrate Court

[charlie7111]

HELP! I had been taking steroids to help with my illness and these caused numerous side effects. I had not been out for nearly 6 weeks when I went out to celebrate it. I knew I was going to be late as I had been sleeping for most of the day and didn't think so I just grabbed my mother's freedom Oyster card. An inspector stopped me at the entrance and asked questions. In my state of mind and being impatient to be there on time I just said 'yes' to his questions even though one or two of them weren't correct. My solicitor and even my doctor to wrote to them to explain the side effects I had due to the medication but they still issued me with a summon. My doctor wrote another letter to see if they could settle out of court but they seemed to ignore it so now I have to attend the hearing next Monday. I need to enter my plea. Can anyone suggest what I should do. Does it mean I get a criminal record if I plead guilty (with mitigating circumstances) or should I not plea guilty and get my solicitor to argue it? I cannot afford a criminal record with my work in education.

[raydetinu]

If you have medical grounds to mitigate this, and you can submit evidence to the court for this, then with the advice of your solicitor I would plead not guilty. Dont know if you can get a jury trial for this, but that is the way to go I think. Again check with your solicitor. Are you elligable for legal aid or whatever they call it now.

[charlie7111]

Does it have to go to trial with a jury if I plea not guilty? Thought you just go back to the same court. Don't get legal aid. All I want to do is to show that it was due to the medications I was taking at the time. Can get doctor's letters to show. Would they take that into consideration when deciding if I plea guilty? What I don't want is to have a criminal record which would result in losing my job or having to declare it for the next job.

[raydetinu]

No, will be heard by Magistrate initially.

If you plead guilty, even with mitigation, you will automatically get a record, even if they give you an absolute or conditional discharge!

The only possible way to avoid that now is to plead NOT guilty, and get a slocitor or even a barrister, which will cost a lot. Hence I said about getting Legal aid. Magistrates on the whole apply the law and only reduce the sentence due to circumstances not let people of. Now jurys are different, they can be swayed and are more likely to take into account the effect and otherwise you would not have done it etc.

Its up to you now, good luck.

[charlie7111]

Thought Magistrates can let you off like in speeding fines? Will have to talk to the solicitor again. Will this record be recorded for 3 years? Do you think I can qualify for legal aid being in work?

[Guest joe.inom]

I mean like the world is a worst place to live now.This is like yeah we understand that you have been not taking the stuffs seriously , but just generally , but the jury wont understand this , i am sure.

No matter what your background is or what are you upto , you will be given off an criminal record.

Sorry for ya man.

[raydetinu]

Theey cant let you off if you plead guilty!

recorded for 11 years, its not like driving offences.

Speak to a solicitor about legal aid about the rules or look up on the net to see if you qualify, depends on income.

[charlie7111]

The solicitor who wrote the letter to TFL explaining my conditions and why they should not initiate court proceeding suggested I should try to go for absolute discharge which means that there are no record. Now should I take a solicitor along or just bring all the paperwork from the doctor, the hospital plus the letter from the solicitor to explain that my action was due to the medication myself?

[raydetinu]

Wrong if you plead guilty, its on your record that you have admitted to a crime. the court may well give you an absolute discharge; i.e. no further penalty which is usual in minor/first offences but it WILL be recorded as a guilty verdict and recorded as such. Defo get a solicitor, if you do not have one their will be one in court that you can speak to. You will be asked to enter a plea but may not be heard until another time. Let be clear if you plead guilty it will be recorded for eleven years.

[charlie7111]

Can the plea be changed on the day?

[raydetinu]

You enter a plea at the hearing and it will either be dealt with on the day or a date for the hearing will be set in the future. At the future date you can change your plea if you wish. you can only change your plea from Not guilty to guilty. so if in doubt plead not guilty in the first instance.

[charlie7111]

oh right so is it too late for me to plea from guilty to not guilty now?

[charlie7111]

the court date is next monday and i sent in the form yesterday.

[raydetinu]

These questions should be addressed to your solicitor at court.

If you have pleaded guilty by post you may not even have to attend, it will be dealt with in your absence. I pressume you put your mitigating circumstances on ther form. Are you required to go to court? You can still attend in person and in these circumstances change your plea in court to not guilty, but you would need to confirm that with the duty court solicitor. there is always one in the court to advise.

[charlie7111]

I signed the second box saying that I will attend so did not put any mitigating circumstances on the form. Was wondering whether I can just call up the court today to say I want to change my plea. Have read the threads and some said they didn't even get a duty court solicitor when requested, is that true? Have never been to court so don't know how it works

[raydetinu]

True the duty court solicitor may be busy on another case; suggest you get there early and try and make an appointment.

By all means phone the court to change the plea or at least notify them and see what they say. As you will be there they will ask you to vonfirm your plea anyway so you can change it then.

[charlie7111]

Thanks for that. Didn't realise this but went to the doctor this morning and spoke to him the case again. He will call TFL today to see if they can settle out of court but he also suggested I should contact my union. Having spoken to the legal firm linked to the union they will be sending either a solicitor or barrister to represent me in court on Monday. So hopefully they can advise in more details. So I say if you are in a union go to them first to see if they can help. Do you still think I should plea not guilty?