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i am charged with two counts of ins fraud 2nd degree and forgery

 
JD 1992's Avatar
  • Answered by:JD 1992
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i am charged with two counts of ins fraud 2nd degree and forgery i only have a couple of misdemeanors one 2 yrs old the other 15 yrs old. I havent entered a plea yet and am meeting with my pd next week. I have to stay out of prison or I will lose the rest of my life. I was addicted to pain killers when this happened 6 and 4 yrs ago due to two total knee replacements. I will agree to any kind of restitution probation or whatever. I know I should have thought of this before. Is there much of a chance they wont lock me up as Id lose my house and probably a 27 yr marriage. The detectives said i wont go to jail but they arent the DA. Please help as this is weighing heavily on my mind. we live in florida thanks for the help

Submitted: 286 days and 17 hours ago.
Category: Criminal Law
Value: $25
Status: CLOSED
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Expert:  JD 1992 replied 286 days and 17 hours ago.

If you have not had a Felony in the past then you stand a very, very goo chance of getting probation. One reason is that if you get sent to prison it is extremely hard for them to get back any restitution whereas if you are put on probation then they still have you being punished and if you don't pay you can go to prison then. The chances are 90%+ that it will be a probation case.


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Customer replied 286 days and 14 hours ago.

i have a degree in bio and want to teach is there anyway I can negotiate a pleas to get this down to a Misdemeanor it would help me pay them back sooner. So if I get a deal who decides how much my payment is and how much i have to pay back. I had equipment stolen that wasnt on the list so I claimed what was insured. I am not a bad person and now that Ive been free of pain killers I know id never have done this, but im due for another knee replacement in the next yr your help has been great thank you very much

Accepted Answer

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Expert:  JD 1992 replied 286 days and 14 hours ago.

It's possible but I won't say likely. If you can afford your own lawyer then by all means hire one because your chances of getting it lowered seem to increase with a private lawyer. Some PDs are great and some are awful but it is like that with private lawyers as well, the advantage is that with a private lawyer you get to choose.

Usually if you get a deal there is also an agreement reached as to how much restitution is owed and what the payments will be.

You can also ask your lawyer about the possibility of a deferred adjudication which is where when you complete your probation then there is no conviction.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 98.4 %
Accepts: 2121
Answered: 7/1/2012

Experience: Numerous criminal trials ranging from traffic to murder, began practicing Criminal Law in 1992

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