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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23467
Experience:  9+ years defending Misdemeanor and Felony cases.
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ok heres the situation. A shady car dealer that i used to

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ok here's the situation. A shady car dealer that i used to work for owed me money and gave me a car to pay me for part of the debt. Our deal was i was supposed to sell the car after she signed the title over and give her anything over $2000. The car sold for only $2100 (instead of the estimated $4000), netting her only $100 per our agreement. she had sour grapes and then tried to rework the deal after the fact. She pressed charges on me saying I embezzled from her and my defense is it was a business transaction and she signed the title. I recently went through some recordings I did of our phone conversations at the time and found one where she said to me "I may not get money but you'll pay by hiring attorneys and missing work. that's what I'm referring to? Is that statement proof she just is abusing the process to punish me for not giving in to her demands?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. Even those she filed a report and pressed charges, have you been charged by the State yet? Also, what evidence does she have, to support her allegation that you embezzled?
Customer: replied 3 years ago.

yes first they charged me with receiving money under false pretenses. Then they amended it to Felony Embezzlement. The only thing they show in the discovery is the police detectives statement who says that he called me on the phone and I told him that I had sold the vehicle and used the funds to pay for other cars at the auction. I actually did not say all that and he is lying but it is true and not illegal as I understand it because I OWNED the car after she signed it over. Her accompanying statement is the only OTHER evidence to speak of. From what i understand she is going to say that even though she signed the title she TRUSTED me to give her back ALL the money from the sale. Which is not true!

Lee, thank you for the additional information. It certainly sounds as though this is a going to be a case of he said v. she said, since her statement is that the transaction was in relation to a business agreement, not to repay you for money owed, as you allege. The statement which she made which you recorded, could likely be used to attack her credibility and impeach her, when she takes the stand to testify at trial. It would appear that you testimony would also show motive, for her to lie, if she was upset about not making enough off the sale as she thought and now trying to go back on her word. This is why, all agreements should be reduced to writing, since this would be a civil issue, not criminal, if there was a breach in the terms. If you are unable to retain private counsel, you certainly want to ask to be appointed the public defender and turn the tape over to them for safe keeping, so they can decide how to use this at trial and maybe even ahead of time, to get the charge dismissed.
Customer: replied 3 years ago.

Thanks, speaking of recording I also have a recording of her and I detailing the deal and she clearly says YES KEEP THE MONEY! Think she knows she knows someone in the prosecutors and or complained to the DA supervisor office so they wont do anything other than a misdemeanor no jail time please with me PAY HER. I refuse and just would prefer to take it to trial and play my tapes!

Lee, I certainly understand and you are under no obligation to take a plea and you have every legal right, to make the State prove the charge against you, beyond a reasonable doubt.
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