Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I'll be assisting you with your question.
How much money was stolen as a result of the credit card fraud?
2000 in one county ,600 in another county
How many credit cards were used?
I don't know.
Has the defendant ever been in trouble before?
yes , he is on probation for 10 yrs for credit card fraud
So, he was on probation for credit card fraud, then committed another credit card offense?
the new charges dated before defendant was placed on probation
OK. Given the amount of money involved, his guidelines would come out somewhere between 6-12 months.
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
Whether he will be convicted is a different issue than the potential sentence if he is convicted.
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.
defendant was never placed at any seen where fraud was committed, only evidence is him saying he gave money to defendant
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.
defendant never meet second witness , in life
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
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.
the company is ntb
which has stores all over georgia
are you there.
I'm not sure what your question is.
can the defendant be convicted for fraud on what a person that was actually the perp
said or say
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.
the person got service 6 times.at the same location
then told detective that defendant was his mechanic and sent him there and he didn't know it was illegal what he was doing.
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.
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
But, my thoughts on it are not as important as what a jury or judge believe.
yet that still leaves the defendant in a bad spot because of previous conviction of fraud
the judge that put him on probation is the judge on new charges
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.
right ,that's where the sentencing question comes to play
Given the amount of money involved, the sentence should not be very high.
That said, sentencing is up to the judge, so it is impossible for anyone to give an exact number.
10 yrs on probation already ,one count in one county, 5 or 6 counts in other county ,defendant should take a plea you think?
Without seeing all the evidence from the state, I would not feel comfortable advising the defendant whether or not to take a plea.
can you be retained
No. The terms of Just Answer do not allow experts to be hired by customers.
I really appreciate your advice and thanks ,have a happy new year ,god bless.
If I can't do anything else for you, please remember to "rate" my answer. Good luck.
thanks and ok.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).