Criminal Law Questions? Ask a Criminal Lawyer.
To answer your first question, there is no way to exchange community service for jail time.
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.
so there is no way to sentenced to community service instead of jail time for this type of offense?
Like I said, the judge can sentence you to community service and probation, but you have no right to it.
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?
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.
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.
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
If you have a state jail level fraud, and you've never been in trouble before, you are likely to get probation.
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
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
That is a relatively simple investigation and should not take more than a couple of months.
Assuming the fraud is limited to a few thousand dollars, I would think it is very likely that you would get probation.
The full amount of the loan was a little under $2100.
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
i don't know if he was just trying to scare me or if he was serious
At some point that may happen, but I can't say when.
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
They do not have to do it at the same time.
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?
I would get one now.
It is possible, but not likely.
also, will the case be tried here in TX or in CA since that is where the actual police report was filed
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?
Where did the theft take place?
No, you don't have to be there when it is executed.
i did the application over the internet here in TX..i never spoke to anyone either..everything was done over the computer
It will be in TX
Can I help you with anything else?
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