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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
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Hey there, Im 20 and i have 2 pending trials in 2 other

Customer Question

Hey there,
I'm 20 and i have 2 pending trials in 2 other counties here in nc for pretty much the same thing. Unfortunately, recently i have been charged with Felony obtain property false pretense and Felony possession of stolen goods in Orange County as well. The only evidence I have been made aware of that they have is a video showing me walking into a Cash for gold place with 2 of the stolen items, sitting down at the desk with the guy there, him looking at them and saying this is sketchy and how he's not interested. Then i walked out. A police officer in the department that i know, by chance identified me in the video. So i go to my first court date, getvit continues for time to look for an attorney. Next court date i come in and end up requesting a public defender. Dana Graves (my PD) calls me a week later telling me of the video and that the DA possibly wont indict me if i am able to return stolen property. Tells me to email her personal email not her work email with list of items. I do so. She shows the DA and the DA says he wants a better description possibly with pictures so "he can show the victim to confirm it's theirs"... so i tell dana to come back with a written agreement stating this cant be used against me before she shows him the pictures. BTW now dana tells me the DA wants to indict me and that he said 'a misdemeanor outcome isnt out of the question. What kind of hogshit is this? Telling me two different things?. I stupidly sent the pictures today to dana before mulling it all over in my head. Now, tomorrow i have to contact dana to make sure she doesnt show the pictures b/c i realized that Im falling smack into this plea deal. I dont want a plea deal. I think they have hogwash evidence and my PD doesnt have her balls dug in enough to fight this thing with me (granted over the phone she does sound pretty young & thus probably new to the court system). I need your best advice b/c i cant afford to have another case looming on top of the others and need a dismissal here. Ive expressed to dana in another email that im willing to pay additional court fines and restitution (as well as a little more) for the couple items i couldnt get back, in addition to giving back what i have.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.
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 your concern. Can you just clarify one thing for me? You stated above that you do not want a plea deal and do not think the DA has enough evidence against you to use at trial. However, in your last sentence, you stated you emailed Dana saying that you are willing to pay additional fines and restitution for the items which you could not get back? Where is it that you stand at this point in time?
Customer: replied 3 years ago.

I have a court date on Oct. 25. The last sentence was me being hopeful of that outcome. What i need help with is the process of how to go about proving my case that they can't adequately prove intent. I expect it'll be difficult to get out of the possession of stolen property at this point (right?). How can i view and then use the evidence so that i can start developing a more desirable resolve. Is a misd. plea deal realistically my best option? I'd like to hear a little more from you

Expert:  CrimDefense replied 3 years ago.
Of course, I certainly understand. First, it is important to remember that you DO NOT have to prove anything. The burden is on the State to prove the charge against your beyond a reasonable doubt. If they have little evidence and a weak case, this is going to be very hard to do. Often times, your attorney will work on the case and show the prosecutor that there is no evidence to link you to the charge and it is a mere allegation alone. If the case is weak, the State may certainly be willing to amend the charge to a misdemeanor and get you to take a plea, rather then go to trial and lose. You also have every legal right to testify on your own behalf and explain the situation and how this all happened, if you are innocent of the charges. They are going to have to show you knew the items were stolen and you could always testify and explain why you have no reason to know of such. Your attorney will make a demand for discovery and the State will have to turn over all the evidence which they have and will use against you at trial, so a proper defense can be raised.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  CrimDefense replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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