caught using mums freedom pass

[sam2109]

hi people i would like your sincere help. i was caught by a undercover biritsh transport police officer. he arrested me, put me in the station, took dna swamps, fingerprinting and a photograph. he tape interviewed me about why and how i got my mums freedom pass. i was put in a cell for 5 hours, then i was given bail for next month. i think he will be checking cctv of the journeys. can he possibly check the cctvs of the destinations i have been to? what do i do. i have to go to the police station next month?

please help

[rebel11]

Hi sam

 

The Freedom pass will have the info on the stations you've been to. This does seem excessive. The guys will advise as soon as they are available.

[SRPO]

You need a solicitor.

If prosecuted, it will be the CPS & they will not be interested in any letter you write to them, infact it probably wont even reach anyone dealing with the case.

[rebel11]

How old are you ? and did the following happen:-

 

If you have been arrested and held in a police station, you have the right to have a solicitor and one other person informed of your arrest, without delay. You don’t have the right to make the telephone call personally, the police will do this for you. An arrested person may choose a solicitor or they can use a duty solicitor and they have the right to a private interview with their solicitor before being brought to court.

 

 

 

hi people i would like your sincere help. i was caught by a undercover biritsh transport police officer. he arrested me, put me in the station, took dna swamps, fingerprinting and a photograph. he tape interviewed me about why and how i got my mums freedom pass. i was put in a cell for 5 hours, then i was given bail for next month. i think he will be checking cctv of the journeys. can he possibly check the cctvs of the destinations i have been to? what do i do. i have to go to the police station next month?

please help

[sam2109]

they called a solicitor for me. the guy jus said admit and get a caution but it will go in ur record and will show up in ur crb check, i am a prospect medicalstudent , so i have just ended my life ambitions. the felt so scared, i have never been in any trouble in my life. can they check the cctv. they handcufed me and everything

[sam2109]

they jus wouldnt take anything i said on board. they handcuffed me and put me in the back of there police van. the person was a British transport police undercover officer. he bailed me for a later appointment next month.

[rebel11]

Yep they can check the cctv's.

[sam2109]

can anyone please tell me what to do

[rebel11]

You need to speak to a solicitor, depending on your circumstances, you could qualify for Legal Aid, so thats mean you don't pay for the solictor. You need to get in control of the situation and move forward.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018868

[sam2109]

but I dont know no one and the police didn't explain the procedure. i was just told to i was bailed to attend next month. i live in london and just feel that my life is over. i have no one to talk to , the duty solicitor who came to the station was in such hurry it was unbelievable. he didnt help me out at all. he was busy with his other clients over the phone. the pc who caught me wouldn't have any of it. i think he didnt like me for some reason or another. i know for the fact that i will go to court, because the officer can easily get the previous cctvs.

[sam2109]

does anyone know what will happen to me next when i attend the station. will i be arrested and put in a cell like i was before. what will happen to my case. please help me

[honeybee13]

Hello Sam. Please bear with the forum members. I'm sure you'll have some answers, but not everyone is around all the time and you need to wait until the right people turn up.

 

Try to calm down because panicking won't help you. I don't think any of the experts [edit apart from SRPO, sorry] on public transport have answered your thread, but I expect they will. You'll be OK.

 

HB

Edited December 18, 2010 by honeybee13
Addition.

[SRPO]

This is not a simple issue, there is no value to any 'advice' you may receive here apart from telling you to get some professional legal advice.

When you answer bail ensure you have a solicitor present, look up criminal defence solicitors either online or in yellow pages.

Unfortunately it would appear the duty solicitor provided at the station was possibly slightly lax with his advice.

As a non-earner you will qualify for legal aid.

[sam2109]

may i add something, its my first 'crime', i have never done anything in my life tht is wrong. there are ppl who kill and terrorise others and dont even get what im been put through. what is the solicitor going to do, im jus ending my life , i have lost cause and im jus have no one to talk or ask adivce to.

[honeybee13]

Hello again Sam. I don't doubt the sincerity of your posts on this forum, but this is you last night, posts 15-19 inclusive? I have to say I'm confused.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?285046-ppi-help-required&p=3231876&highlight=#post3231876

 

HB

Edited December 18, 2010 by honeybee13
Forgot link, sorry.

[sam2109]

yes , i sent a person a private message, and i there was a message tht said i had to post five posts before i can send a private message, so i jus done this to enable me to send a message to a person who works for the undeground and who has posted on this forum before. im sorry about tht but i needed to send the message

[Wriggler7]

SRPO suggests, quite rightly, that you should take professional advice from a solicitor.

 

Rebel thinks it was a bit excessive.

 

Let us kick around the known facts.

 

Freedom passes are paid for by the London Boroughs, or, more correctly, the tax payers that live in London. In the current climate, there will be people suggesting scrapping the scheme, and many other people defending that expenditure. Any mis-use of a freedom pass is looked upon quite seriously.

 

There was, we are told, a plain clothes British Transport police man. He dealt with this matter, and chose to arrest the OP. He has that power, I wonder what caused him to feel the need to arrest, he will have had his reasons, which have then been endorsed by a custody officer. After that arrest, the DNA swabs and fingerprints are 'automatic'. During the 5 hours of custody, he will have spoken with the Crown Prosecution Service, and been given a steer on 'next steps'. It seems that the OP has been given Police Bail for a month, during which time, the officer will complet enquiries into the use of the Freedom Pass.

[Wriggler7]

His enquiries will result in on of several outcomes, which will be discussed with the CPS.

 

Unlike 'train operators', the CPS is not the 'victim' in this matter. They will not 'settle' in some 'mitigated penalty' style. They will look at whether the 'case' would succeed at Court, whether the OP has previous convictions (for anything) and whether 'public interest' is best served by prosecution or by a Police Caution.

 

When the OP surrenders on bail to the Police station, it is possible that he will be interviewed further, if 'enquiries' have brought to light further offences, or if there are any issues that were not clear in the first interview. It is also possible that he will either be charged and bailed to attend Court, or that he will be formally cautioned.

[Wriggler7]

The officer will have also considered whether he needs to interview 'mum', either as a witness or as a possible defendant. That, to a large degree, will depend on what the OP sid at interview. If 'mum' said "Here, use my pass." she could also be guilty of offences.

 

The last similar matter that I had anything to do with, 'dad' was a bedbound (and senile) old man who was being neglected by family. The general situation was discovered after an Underground Inspector found his Freedom Pass being used by his daughter. In that case, I ran into a very 'hard view' on the part of the Crown prosecutors, and I must say that I (privately if not professionaly) agreed with their views.

 

The OP needs to find a solicitor, look in Yellow pages, ask if they do 'criminal defence' work. Most local, high street, firms do, you do not need the 'best lawyers in the land', you need a tired old solicitor who spends half his life in police stations and the other half at Magistrates Courts.

[sam2109]

i know for a fact that i will be interviewed again, the sergeant at the reception told me. is it possible i contact someone from tfl, or freedom pass section, what can i do other than going to solicitor or waiting for next month?

thanks for ur input wriggler and all the others

[honeybee13]

You need a solicitor.

If prosecuted, it will be the CPS & they will not be interested in any letter you write to them, infact it probably wont even reach anyone dealing with the case.

 

I think this answers your question. If it were me, I'd be ringing around local solicitors in the yellow pages, as has been suggested. When you get through, ask if they have someone who deals with criminal defence cases. If they don't, try others until you find one.

 

My best, HB

[Wriggler7]

There is no point contacting Tfl, it is British Transport Police and the Crown Prosecution Service that are dealing with this case.

[Stigy]

Nothing really to add here, just that BTP or any other force to be honest, don't take to arresting people for such cases as these lightly. I would suggest getting a Solicitor, obviously, and don't let this eat away at you. When you return for bail, you'll more than likely be either Charged or Cautioned, and shouldn't be there for 5-hours, so I wouldn't worry. If you're charged, then you'll obviously need to use that Solicitor you've trauled through Yellow Pages to find. If you're cautioned, it is in effect a slap on the wrist that's recorded on the PNC, and probably won't be as problematic for you as you believe it will be. If you're charged, you'll be summonsed to a Magistrates' Court and have to put your case accross. Best outcome at court would be for you to be found Not Guilty, and no further action to be taken, and the worst likely scenario is a fine and a conviction.

 

Assuming you're not a serial fraudster, I would imagine you're panicking a little too much at this stage!

[sam2109]

hi ppl, i went to the solicitors paid 100£ for a consultation, he told me that i have to wait for the appointment next month(bail), and that been givin a caution or convicition will affect my ambitions of being in the medical career. wasted 100£ for nothing, he told me that these people dont give fines they dont have the jurisdiction , but told me theyll either give u a caution and that the end of it or ull go court. both of which impact the enhanced CRB check

[RPI]

I expect the BTP will mke enquiries into how often you have been using the pass, if you were nicked by a plain clothes officer then you may find that they've been watching you for some time, unfortunately you took a gamble and you were caught out and you need to face up to your wrong doing, you have in effect been travelling at the expense of the tax payer.