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    • sorry but that letter needs to be much much better. you need to express that it was a stilly youthful mistake trying to be the big man and jumping the turnstile to look big infront of your peers. TfL prosecutors are on the email address on their first letter. get the court form sent back to the court , (but copy it first) stating you plead guilty and wish to attend to address the judge in person face to face to show your genuine remorse for your stupid youthful exuberance.      
    • I thought I should send the begging letter to the prosecutor. Does the hearing means the time I need to send back by? If so, it’s June 5  I plan to send the new begging letter as following, can I ask for some suggestions? Dear Investigator/Prosecutor,  Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.  I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.  I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.  Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.  I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.  I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.   Yours sincerely,
    • LoL Dx you crack me up. Thanks for the advice. I'll stay positive.
    • Utter Rubbish!! lowell dont write and beg for deals once they start court. as for your attitude, we'll thats nothing new for you.😎 you wont be quizzed, it's not like TV, simply refer to your defence/WS when answering anything the judge may ever ask. well it involves chickens. dx  
    • Thanks fk, I hope I don't have to face the court. Bless you for the reassurance. 
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Hi, I have been arrested while at work because my previous employer made an allegation to the police claiming I stole £ 8k from their safe.

Taken to the police station interviewed and released on bail, I then been dismissed by my new employer (fair enough).

I have now been informed by the police that no further actions will be taken because there are no evidences.

Because of this, I have lost two months of earnings (I still could not find a new job), I am in arrears with my rent, and I have been under a lot of stress. Further more the arrest happened during trading hour in a busy department store, so it was witnessed by many people.

Now that the case is closed, can I claim compensation for these damages to my previous employer who made the allegation? And if so, how much could I claim?

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The question we obviously need to ask is did you take that money. because from the info you have given, you seem fairly complacent given the circumstances.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I didn't, otherwise I would not ask for anything more than get the case closed.

I don't want to sound complacent, simply I went through so much because of this story that I feel they can't just get away like this...

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Hi, I have been arrested while at work because my previous employer made an allegation to the police claiming I stole £ 8k from their safe.

Taken to the police station interviewed and released on bail, I then been dismissed by my new employer (fair enough).

I have now been informed by the police that no further actions will be taken because there are no evidences.

Because of this, I have lost two months of earnings (I still could not find a new job), I am in arrears with my rent, and I have been under a lot of stress. Further more the arrest happened during trading hour in a busy department store, so it was witnessed by many people.

Now that the case is closed, can I claim compensation for these damages to my previous employer who made the allegation? And if so, how much could I claim?

 

The police & CPS (for England & Wales : you don't say which jurisdiction you are in) would have to feel they could make a case against you "beyond all reasonable doubt" to proceed to a prosecution.

 

Why is it "fair enough" that your current employer has dismissed you (if you have told them you are innocent) : were you open & honest with them about the circumstances under which you left your previous job ("I was accused, but innocent"), (were you aware that the money was missing & that you might be a suspect?).

If you were aware : did you try to conceal the circumstances, in which case that alone may call your probity into doubt.

 

For you to have a cause of action against the original employer you'd have to show their report to the police was false & malicious.

If they only reported facts to the police & it was reasonable for the police to arrest you to interview you under caution : I'd be miffed if I'd been arrested for something I hadn't done, but it wouldn't be actionable if all had behaved in good faith and with "reasonable" acts.

 

 

What were the circumstances under which the money went missing from the safe? Are there other reasonable suspects? CCTV??.

I suspect there is some "back story" here, and that more details would be needed for a more focused answer!

Edited by BazzaS
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For you to have a cause of action against the original employer you'd have to show their report to the police was false & malicious.

 

If they only reported facts to the police & it was reasonable for the police to arrest you to interview you under caution : I'd be miffed if I'd been arrested for something I hadn't done, but it wouldn't be actionable if all had behaved in good faith and with "reasonable" acts.

 

I disagree, you may have a claim under Tort, since your reputation was harmed as a consequence of your past employer's unfounded accusations. The actions of the Police in arresting you could place them in a position of Joint and Several Liability. You do have written confirmation that you're no longer regarded as a suspect in this matter?

 

Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies. ~ Legal Maxim.

 

My learned friend above would be correct if you were considering a Tort of Malicious Falsehood. Then the onus of proving that your former knew the information given to the Police was false and was supplied with malicious intent, or at least Depraved Indifference. The mere fact that this information was without foundation could still give rise to an action for Defamation. An action on the basis of Joint and Several Liability against both the Police and this former employer would raise the issue of Proportional Liability. Since arresting you was neither reasonable, or appropriate purely for the purposes of interviewing you and thus exacerbated the harm. As the only defence would be that indeed this was the case, thus placing the onus of proof upon the Police.

 

Error, qui non resistitur approbatur - An error not resisted is approved. ~ Legal Maxim.

Warning:

This does not constitute Legal Advice, nor should it be construed as such. Consequently you are expected to conduct your own research prior to proceding with any action.

Edited by Cestui Que Vie
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I disagree, you may have a claim under Tort, since your reputation was harmed as a consequence of your past employer's unfounded accusations. The actions of the Police in arresting you could place them in a position of Joint and Several Liability. You do have written confirmation that you're no longer regarded as a suspect in this matter?

 

Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies. ~ Legal Maxim.

 

My learned friend above would be correct if you were considering a Tort of Malicious Falsehood. Then the onus of proving that your former knew the information given to the Police was false and was supplied with malicious intent, or at least Depraved Indifference. The mere fact that this information was without foundation could still give rise to an action for Defamation. An action on the basis of Joint and Several Liability against both the Police and this former employer would raise the issue of Proportional Liability. Since arresting you was neither reasonable, or appropriate purely for the purposes of interviewing you and thus exacerbated the harm. As the only defence would be that indeed this was the case, thus placing the onus of proof upon the Police.

 

Error, qui non resistitur approbatur - An error not resisted is approved. ~ Legal Maxim.

Warning:

This does not constitute Legal Advice, nor should it be construed as such. Consequently you are expected to conduct your own research prior to proceding with any action.

 

Speaking in general terms (as I wouldn't want people to feel I'd pre-judged the OP's situation) : was the employer's report to the police factual & accurate? Open to interpretation / inaccurate?

 

Was the police decision to arrest based on reasonable suspicion?.

 

If so, their actions could be held to be lawful. One might argue that the OP should have been given the chance to attend a police station "under their own steam" for questioning, and that there was no need to arrest them at their (new) place of employment, but we don't know the "back story" : the police might bring forward reasons why, potentially the need to secure evidence?.

 

The details should allow for an assessment if the actions were reasonable / lawful, or not.

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Well it seems like someone already made a judgment.

By the way,just to clarify, when I left my previous employer (awol), I was not aware of the situation, and I was only made aware of the matter at the time of the arrest by the police.

I said fair enough about my dismissal for two reasons: 1) I have been arrested while on my shift, not an ideal situation for a Company 2) when recruited I did not mention about this awol as I thought it would have affected my chances to get the job.

So there is where my responsibilities end. But I did not do anything criminal and when arrested I have been fully cooperative with the police.

The evidences brought to the police attention were simply me accessing the safe together with a witness, as I would have done many other times as part of my daily duties, removing something not visible but never mentioned that it was actually the money missing.

 

And, in regards to the police actions, I support the concept the arrest was not necessary, a call or an invitation to attend an interview at the station it would have been enough. I am just thinking, if the arrest would have been made from my home, rather than my workplace, or at the police station, I would probably still have my job.

I hope this clarifies the "backstory"...

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Well it seems like someone already made a judgment.

By the way,just to clarify, when I left my previous employer (awol), I was not aware of the situation, and I was only made aware of the matter at the time of the arrest by the police.

I said fair enough about my dismissal for two reasons: 1) I have been arrested while on my shift, not an ideal situation for a Company 2) when recruited I did not mention about this awol as I thought it would have affected my chances to get the job.

So there is where my responsibilities end. But I did not do anything criminal and when arrested I have been fully cooperative with the police.

The evidences brought to the police attention were simply me accessing the safe together with a witness, as I would have done many other times as part of my daily duties, removing something not visible but never mentioned that it was actually the money missing.

 

And, in regards to the police actions, I support the concept the arrest was not necessary, a call or an invitation to attend an interview at the station it would have been enough. I am just thinking, if the arrest would have been made from my home, rather than my workplace, or at the police station, I would probably still have my job.

I hope this clarifies the "backstory"...

 

Perhaps the combination of going "AWOL" at the same time as the money went missing was mentioned by your employer to the police?.

 

Perhaps the police might have had concerns that you might again go "AWOL" such that they felt an arrest was required in place of an invitation to attend for questioning.

 

I can see how "your going AWOL" might influence both, and could make their responses "reasonable" / lawful / proportionate.

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  • 4 weeks later...

The worst part about this is that you've been accused of something which you say you didn't do and i would seek legal advice on your best course of action. People simply cannot accuse people of just anything and get away with it so for me get the advice and take it as far as you can. :)

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