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

According to the latest data, advance fee fraud cases in the UK have been on the rise, making it all the more important to seek help from a qualified solicitor as soon as possible. If you find yourself arrested or charged with advance fee fraud, it’s natural to feel overwhelmed, but this article aims to provide you with some clarity and guidance. We address important questions such as “Do I need a solicitor for advance fee fraud?”, “What are possible defences for advance fee fraud?”, and “Will I get bail for advance fee fraud?” By understanding these key areas, you’ll be better prepared to navigate your way through the legal process.

Do I need a solicitor for advance fee fraud?

Advance fee fraud is a serious crime that involves a victim being deceived into paying money upfront with the promise of receiving something of greater value later, which never materialises. Examples of advance fee fraud include scams where victims are asked to pay fees for a loan, prize money, or investment opportunities that do not exist.

It is strongly advisable to seek the assistance of a criminal defence solicitor if you have been charged with any offence, let alone one as serious as advance fee fraud. This is why having a solicitor is crucial:

• Managing Complexity: Advance fee fraud cases often involve intricate details and evidence, including documents, email communications, and financial transactions. A solicitor can help interpret this information and build a solid defence strategy.
• Legal Expertise: A solicitor specialises in criminal law and understands the legal framework surrounding fraud. They can guide you through the legal process, ensuring you understand each step and your rights.
• Representation in Court: If your case goes to trial, having a solicitor represent you can make a significant difference. They will present your case effectively, cross-examine witnesses, and challenge the prosecution’s evidence.
• Mitigating Consequences: A solicitor can negotiate with the prosecution on your behalf, possibly reducing the severity of the charges or the penalties if a conviction is likely.
• Emotional Support: Facing criminal charges can be stressful and intimidating. A solicitor can provide not just legal advice but also emotional support, helping you manage the stress and confusion that comes with such cases.

What are possible defences for advance fee fraud?

One possible defence to advance fee fraud is lack of intent. For a charge to stick, the prosecution must prove beyond reasonable doubt that you intended to defraud the victim. If you can demonstrate that there was no intention to deceive and that you genuinely believed you could provide the service or goods, this could be a strong defence. Evidence to support this claim might include communications that show your good faith effort to deliver what was promised or financial records indicating attempts to fulfil the agreement.

Another defence is mistaken identity. This occurs when you assert that you were not the person who committed the fraud. Mistaken identity can happen due to various reasons, such as stolen identity or being falsely implicated. In such instances, alibi witnesses, surveillance footage, and other forms of evidence can help establish that you were not involved in the fraudulent activities.

Duress is also a possible defence. If you were forced into committing the fraud under threats of harm to yourself or your loved ones, you might be able to use this as a defence. To make a successful claim of duress, you need to provide compelling evidence showing that you were under immediate or imminent threat when the alleged fraud took place.

Will I get bail for advance fee fraud?

The seriousness of the offence plays a significant role in whether you will get bail. Advance fee fraud is considered a serious crime, particularly if significant sums of money have been defrauded. However, this does not automatically preclude the possibility of being granted bail. Courts will also look at the evidence presented by the prosecution and weigh this against the defendant’s circumstances.

Another key factor is the defendant’s criminal history. If the individual has prior convictions, especially for similar offences, the likelihood of being granted bail may decrease. A clean record, on the other hand, can be a favourable point in the defendant’s favour.

The court will also consider the risk of the defendant absconding. If there is substantial evidence to suggest that the person might not appear for their court dates, the chances of receiving bail diminish. Factors such as having a stable job, strong family ties, or community ties can help mitigate this concern.

Will I have to go to court if I’m arrested or charged for advance fee fraud?

If you are charged with advance fee fraud, the police will gather evidence and submit their findings to the CPS, who will then assess whether there is sufficient evidence to bring the case to trial. They will also determine if it is in the public interest to prosecute the case. If both criteria are met, you will likely be required to attend court.

Generally speaking, there are a few ways your case could do:

• You might be offered a caution if the offence is minor and you admit guilt. Accepting a caution means you won’t have to go to court, but it will result in a criminal record.
• For more serious cases, or if you deny the charges, you will likely be required to appear in court. Initially, you may be summoned to a magistrates’ court, where the seriousness of the case is assessed.
• If the case is deemed serious, it may be transferred to a Crown Court, where a judge and jury will hear the evidence and make a decision.

Will I go to jail if found guilty of advance fee fraud?

Several factors will play a role in determining whether you will go to jail if found guilty:

• Severity of the Fraud: The amount of money defrauded is a significant factor. Larger sums often result in harsher penalties.
• Number of Victims: More victims typically suggest a more elaborate scheme and can lead to a stiffer sentence.
• Role in the Operation: Were you the mastermind or just a minor participant? The court will take your level of involvement into account.
• Criminal Record: A history of previous convictions can negatively impact your sentencing.
• Mitigating Circumstances: Personal circumstances such as financial hardship or coercion to commit the crime might be considered.

Possible outcomes if convicted can range from a fine to a community order, or in serious cases, imprisonment. Sentencing guidelines for advance fee fraud provide a range of penalties but leave room for judicial discretion based on the case’s specifics.

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

For first-time offenders, the court will likely consider the mitigating factors before determining the sentence. These factors might include your personal circumstances, whether you have shown remorse, and if you have cooperated with the investigation.

The court’s goal is to balance punishment with rehabilitation. For a first offence, there might be alternatives to a custodial sentence, such as:

• Community service
• Fines
• Probation
• Restitution to the victims

That said, this doesn’t mean a prison sentence is off the table. Advance fee fraud is taken seriously under the law, and depending on the severity of the crime and the judge’s discretion, a custodial sentence may still be imposed.

Can I get Legal Aid for advance fee fraud?

Legal aid is available for those who meet specific criteria. The eligibility for legal aid in criminal cases is assessed based on two main factors: the interests of justice and your financial situation.

• The interests of justice test evaluates the severity and implications of the case. Advance fee fraud, which involves obtaining money or other assets from victims under false pretences, is a serious offence. Due to its complex nature and potential consequences, such as imprisonment or significant fines, the interests of justice test is likely to be satisfied in many advance fee fraud cases.
• The financial means test examines your income and assets to determine if you are financially eligible for legal aid. This process includes evaluating your:
  • Income from all sources, including wages, benefits, and pensions
  • Savings and investments
  • Property ownership
  • Household expenses
  • Any dependents you may have

Where to get more help

Facing criminal charges is, more often than not, an overwhelming and stressful experience, but you do not have to face it alone. Engaging a knowledgeable and experienced criminal defence solicitor can significantly impact the outcome of your case. Stuart Miller Solicitors are dedicated to providing expert legal guidance and representation to ensure your rights are protected. If you need assistance, get in touch today for a free no obligation consultation about your rights and options.

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17:12 11 Apr 25

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09:55 09 Apr 25

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Mohammed zeb is the best he really fought for my case they wanted me to go to prison but his persuasive talking saved me

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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!

Gosling

16:48 16 Jan 25

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13:29 16 Jan 25

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I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

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

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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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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09:45 14 May 24

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23:16 24 Apr 24

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Ayesha Akbar

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.

Yeliz Akturk

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.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

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.

Gabriel Chirwa

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!

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