Arraignment

police-car-ARRAIGNMENT

Arraignment is an official announcement of a criminal complaint, where the defendant has to be present and inform the defendant of the charges. Each time that a crime has been committed, the court system springs into action through a series of steps. The process of going through the court system has a reputation for being slow, with some court cases not being decided for six months to up to a year after the case has begun.

The Arraignment Process

In the arraignment process, the defendant will be expected to answer to the arraignment by first entering a plea, which can include guilty, not guilty, or not content. Without a plea to begin with, a court case will not be able to proceed. Following the plea, the judge will read out loud the charges with both sides present, after which, the defendant will officially read their plea (they would have had to decide on the plea earlier, and perhaps announced their intention of what they were going to plea for). Should the defendant plead not guilty, the court date will then be scheduled for a later date.

Changing the Arraignment Date

A person should be able to get their arraignment date changed most of the time. This can be done by simply contacting the court and requesting an adjournment, and they must have a valid reason for the request.

Missing the Arraignment

When a person misses their arraignment, a warrant will usually be issued stating their failure to appear in court. This will make the person an official fugitive, and the warrant will remain official until the person agrees to the arraignment.

Other circumstances that can arise here is if the person is simply unable to get to their arraignment. Choosing to not go to the arraignment is one thing, but actually not being able to go to it is definitely another. Solutions to this include still going through with the arraignment via a live video feed, or requesting a change in the arraignment date beforehand with the court. Usually, this request will have to be done at least five days before the arraignment is to begin. Otherwise, it will be too late.

As we have said, the legal system in court is definitely long, and due to its ever increasing complexity, it can be confusing. It’s important that you show up for your arraignment and that you enter your plea.

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Benefit Fraud

fraud

Benefit fraud, according to the Department for Work and Pensions, is when someone obtains a benefit that they were originally not entitled to, and then fails to report that change either to the authorities or to the person that the benefit was originally entitled to. A very common form of benefit fraud is when one individual receives unemployment benefits that they either should not be receiving or that should be going to another individual, and then they deliberately choose to keep accepting the unemployment benefits without reporting it to anyone. This is the most common form of benefit fraud, and even though it sounds simple enough, as we shall see it can actually get just a little more complicated than that.

What is the Punishment, or Punishments, for Benefit Fraud?

For a criminal defence attorney in Brampton, a lot of things are taken into consideration with each benefit fraud case in order to determine the proper punishment for the convicted. Things that will be looked at include if the convicted had any previous criminal records, if they had the obvious intent to commit the benefit fraud, if they had a lack of knowledge concerning the benefit fraud, and how much money they took from the fraud and thus owe. The sentencing will most likely not be very strict for the convicted if they didn’t take very much money, or if it’s clear that they had no intention to commit the fraud and didn’t know what they were doing. However, this is also not always the case, and anyone convicted who had previous criminal records or an obvious intention to commit the fraud may be delivered a harsh sentence of multiple years in prison and a hefty fine.

Is it still Benefit Fraud if it was done Overseas?

Plain and simple, benefit fraud is when an individual fails to report an income that they got through fraudulent resources or means. This same logic applies to even if they were receiving payments through these fraudulent resources overseas from another country. This also includes if you were receiving the payment for someone else in your family, say your spouse or children, and even if you didn’t know you were committing the benefit fraud. If you truly didn’t know that you were committing the fraud, however, you can discuss this with your lawyer so that you receive a much lighter (and less expensive) sentencing in court.

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