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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3697
Experience:  Experienced in state and federal criminal litigation.
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can you do community service instead of jail time if your offense

Resolved Question:

can you do community service instead of jail time if your offense is under a state jail felony in texas? also how long does a fraud investigation usually take if the initial police report is done in a different state?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 2 years ago.

TexCrimLawyer, J.D. :

To answer your first question, there is no way to exchange community service for jail time.

TexCrimLawyer, J.D. :

You can bargain for a better deal, and the judge may sentence you to lots of community service and cut your jail time, but you have no right to that.

Customer:

so there is no way to sentenced to community service instead of jail time for this type of offense?

TexCrimLawyer, J.D. :

Like I said, the judge can sentence you to community service and probation, but you have no right to it.

Customer:

ok i understand. how long does a fraud investigation usually take if the initial police report is done in california? what steps are usually taken?

TexCrimLawyer, J.D. :

If you haven't been in trouble before, and you are convicted of a fraud offense, it is likely that you will not get prison time. Of course, that is up to the judge, but, in my experience, that is usually what happens.

TexCrimLawyer, J.D. :

It really depends on the complexity of the investigation and the underlying crime. I've seen fraud investigations take a month or two, and I've seen them take years.

Customer:

i have never even been to court before, this is all a very new process to me for a dumb mistake i made..i just don't know what to expect

TexCrimLawyer, J.D. :

If you have a state jail level fraud, and you've never been in trouble before, you are likely to get probation.

Customer:

i recently separated from my husband, and i took out a loan for a Macbook in my brothers name so that i could sell it and pay the rent, so that my kids and i wouldn't get evicted. i had every intention of paying the monthly payments on it, and the first one wasn't even due till Oct. but he found out and filed a police report today. He also informed his command (he is military) i realize that i was wrong, and that i now have to pay the consequences, i just don't know what to expect out of all this process

Customer:

he said he gave them a copy of the application that has my address on it, as well as a letter stating that there was no way that he could be here to sign for the product

TexCrimLawyer, J.D. :

That is a relatively simple investigation and should not take more than a couple of months.

TexCrimLawyer, J.D. :

Assuming the fraud is limited to a few thousand dollars, I would think it is very likely that you would get probation.

Customer:

The full amount of the loan was a little under $2100.

Customer:

the way he made it sound was like a cop was going to show up at my door tomorrow or friday with a search warrant

Customer:

i don't know if he was just trying to scare me or if he was serious

TexCrimLawyer, J.D. :

At some point that may happen, but I can't say when.

Customer:

i understand, i just wasn't sure if to expect it as soon as this week..nor do i know what the procedure for that is..like do i have to be home, or can they do it even if i am not home..or do they arrest me at the same time..etc

TexCrimLawyer, J.D. :

They do not have to do it at the same time.

Customer:

ok, should i get a lawyer now, or wait for something to actually happen? and in your experience, is it possible for that to happen this week?

TexCrimLawyer, J.D. :

I would get one now.

TexCrimLawyer, J.D. :

It is possible, but not likely.

Customer:

also, will the case be tried here in TX or in CA since that is where the actual police report was filed

Customer:

and do i have to be here for them to execute a search warrant or can they do it even if i am not home?

TexCrimLawyer, J.D. :

Where did the theft take place?

TexCrimLawyer, J.D. :

No, you don't have to be there when it is executed.

Customer:

i did the application over the internet here in TX..i never spoke to anyone either..everything was done over the computer

TexCrimLawyer, J.D. :

It will be in TX

TexCrimLawyer, J.D. :

Can I help you with anything else?

Customer:

no, thank you for everything. i fill a lot better after getting an idea of what exactly is going to happen. have a good night

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3697
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
I just have one more questions...my address is the only evidence that i might have been involved, is that enough for them to get a search warrant? also, if they come and search my house, but do not find anything here, what would the next step be?
Expert:  TexCrimLawyer, J.D. replied 2 years ago.
Yes. If they have probable cause to search your house, that is, there is a probable cause to believe there is evidence in your house, they can search. If they search, they are likely to want to seize your computer and search it. If they do search your home and do not find anything, that does not necessarily mean you won't be prosecuted. If they have enough evidence outside that search, they can still prosecute. There aren't any hard and fast rules; it all just depends on what evidence they've collected.

I hope that answers your question. If so, please click the ACCEPT button. Good luck.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3697
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 6 other Criminal Law Specialists are ready to help you

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