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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27692
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I have been charged with identity theft and for once I did

Customer Question

I have been charged with identity theft and for once I did not commit this crime. The DA has offered a felony charge andbtqo years probation. I am not OK with being a felon when I did not commit the crime. The crime WAS commuted on my laptop but I was not present. If it happens that I'm found guilty without proof I'm more then OK with probation but. Not a felony charge and jail time. What can I do?!
Submitted: 18 days ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 18 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you're not OK with the deal that the district attorney is offering, you have a right to turn it down and insist on going to trial. You also have a right to a lawyer - if you don't have one, ask the judge to appoint someone on your behalf. If you do have a lawyer, then you want to talk to them about the evidence the district attorney has and the likelihood that you'll be convicted. Ask if there are motions you can file to suppress evidence or otherwise attack the charges.

At trial, it could help to bring in the other people who had access to your laptop - even if they're not testifying, it could help to bring them up and try to give the jury reasonable doubt. Your job isn't to convince the jury that you're innocent - the state has to convince them that you're guilty. All you have to is make them wonder if maybe you didn't do it. Your lawyer will have the best idea of how to do that for this particular case, but presenting another suspect is one option.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 13 days ago.

Do you have any other questions about this?