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I WANT TO GO TO PRISON, BUT MY LAWYER WONT LET ME.

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dragan | 17:12 Thu 08th Mar 2012 | Law
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I did something stupid with a previous employer. I managed to steal about £9500 over a 6 month period, my employer reported it to the police and I am up in the magistrates court next month. I want this all over and done with very swiftly because since my arrest I have been under a lot of stress and I've been ill worrying about it. I did the crime, and I understand and accept that I must do the time and face the consequences of my actions. I do not care about whether I get a custodial sentence or not because my life is in such a state right now that prison can't be any worse.

My lawyer has told me that he is going to ask the court for an adjournment in order that he can get letters from my doctor and psychiatrist confirming that I am on anti-depressants so that he can use this as mitigating factors for me not to get a custodial sentence. I personally would prefer to have the case sorted out in one hearing and be sentenced all in one go, even if that means getting 6 months in prison. I would much prefer that to having it drag on for another few weeks or months waiting for doctors letters and receiving only a community order.

For me, its the uncertainty of not knowing my fate which is mentally killing me.
If I relieve my lawyer of his duties before the hearing at the magistrates, and I show up without a lawyer, will it hasten up the whole hearing/sentencing process?
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If you turn up unrepresented and the magistrates are considering custody they may offer you an interview with the duty solicitor (which, of course, you can decline). Their sentencing guideline “starting point” for Theft “In Breach of Trust” (which this probably is, though you do not give the details) is a custodial sentence and your offence is aggravated by the reasonably large sum involved and the length of time over which it was committed.

Whatever happens and whether you are represented or not the Bench will almost certainly ask for probation reports on you before sentencing (and you must co-operate in their preparation). The probation service will look into all the circumstances surrounding the offence and your own circumstances, including the health matters you have outlined. The final decision is not a matter for you or your lawyer (if you still have one) but for the magistrates.
You can fire your lawyer anytime. Then when it's your turn to speak just say to the beak what you have said here, I'm sure they will oblige. The correct address for a magistrate is "Your Worship" use it often.
d9f1c7 Sorry, but the correct form of address to a magistrate in court is 'Sir' or 'Madam' , not 'your worship' ( which is never used now, and hasn't been in the last 50 years ).
Fair enough fred you clearly have far more recent experience than me!

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