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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3816
Experience:  Experienced in state and federal criminal litigation.
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what are the sentencing guidelines for multi counts of credit

Resolved Question:

what are the sentencing guidelines for multi counts of credit card fraud in georgia
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 1 year ago.

TexCrimLawyer, J.D. :

Good afternoon. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

How much money was stolen as a result of the credit card fraud?

Customer:

2000 in one county ,600 in another county

TexCrimLawyer, J.D. :

How many credit cards were used?

Customer:

I don't know.

TexCrimLawyer, J.D. :

Has the defendant ever been in trouble before?

Customer:

yes , he is on probation for 10 yrs for credit card fraud

TexCrimLawyer, J.D. :

So, he was on probation for credit card fraud, then committed another credit card offense?

Customer:

the new charges dated before defendant was placed on probation

TexCrimLawyer, J.D. :

OK. Given the amount of money involved, his guidelines would come out somewhere between 6-12 months.

Customer:

defendant was never placed on seen, no numbers link him to fraud no cards found on defendant , only here say, from person that got service and was placed at the seen and service was done to his car

TexCrimLawyer, J.D. :

Whether he will be convicted is a different issue than the potential sentence if he is convicted.

TexCrimLawyer, J.D. :

When cases come down to one person's word against another's, all that matters is who the jury believes and who has more credibility.

Customer:

defendant was never placed at any seen where fraud was committed, only evidence is him saying he gave money to defendant

TexCrimLawyer, J.D. :

OK. It is very difficult to make a determination about the quality of the case against the defendant without first reviewing all the state's evidence. But, from what you've said, there doesn't appear to be a great deal of direct evidence. As in any criminal case, if the state's case is weak, he has a right to a trial by jury.

Customer:

defendant never meet second witness , in life

TexCrimLawyer, J.D. :

OK.

Customer:

so as it is right now its only one man in one county testifying in one county and two people in another county yet,defendant was never seen nor tied to phone conversation ith victims

Customer:

with company,The state is saying defendant paid for people to get they car serviced over the phone then they would come pay defendant when service was complete.

Customer:

the company is ntb

Customer:

which has stores all over georgia

Customer:

are you there.

TexCrimLawyer, J.D. :

Yes.

TexCrimLawyer, J.D. :

I'm not sure what your question is.

Customer:

can the defendant be convicted for fraud on what a person that was actually the perp

Customer:

said or say

TexCrimLawyer, J.D. :

Legally, yes a person can be convicted only on the word of another person. However, that does not mean they WILL be convicted, only that it is legally possible. It all comes down to whether the jury believes the person or not.

Customer:

the person got service 6 times.at the same location

Customer:

then told detective that defendant was his mechanic and sent him there and he didn't know it was illegal what he was doing.

TexCrimLawyer, J.D. :

OK.

TexCrimLawyer, J.D. :

While I can give you an opinion on the facts, really it boils down to what a jury will believe and whether they believe the witnesses.

Customer:

I feel that it would be hard to convince a jury that you didn't know that its illegal to get service for repair half price and not pay that business

TexCrimLawyer, J.D. :

I agree.

TexCrimLawyer, J.D. :

But, my thoughts on it are not as important as what a jury or judge believe.

Customer:

yet that still leaves the defendant in a bad spot because of previous conviction of fraud

Customer:

the judge that put him on probation is the judge on new charges

TexCrimLawyer, J.D. :

That is true. If the defendant has been charged, and the state isn't going to drop charges, there are only two options: work out the best deal possible and plead guilty, or plead not guilty and go to trial.

Customer:

right ,that's where the sentencing question comes to play

TexCrimLawyer, J.D. :

Given the amount of money involved, the sentence should not be very high.

TexCrimLawyer, J.D. :

That said, sentencing is up to the judge, so it is impossible for anyone to give an exact number.

Customer:

10 yrs on probation already ,one count in one county, 5 or 6 counts in other county ,defendant should take a plea you think?

TexCrimLawyer, J.D. :

Without seeing all the evidence from the state, I would not feel comfortable advising the defendant whether or not to take a plea.

Customer:

can you be retained

TexCrimLawyer, J.D. :

No. The terms of Just Answer do not allow experts to be hired by customers.

Customer:

I really appreciate your advice and thanks ,have a happy new year ,god bless.

TexCrimLawyer, J.D. :

You too.

TexCrimLawyer, J.D. :

If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer:

thanks and ok.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3816
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D.
TexCrimLawyer, J.D.
Criminal Lawyer
3816 Satisfied Customers
Experienced in state and federal criminal litigation.