i have been charged with pc 550b-1. which i did file but i cancelled it 2 days later after i seen the damages were not bad enough to turn in to my insurance
Thanks for using Pearl.com It will be my pleasure to assist you today.In order to better serve you, please tell me what your specific question is.Thank you.
Do you have any prior felony conviction, or any other convictions? If so, what are they for?Thanks
my car was taken by a relative. i wasnt aware it was my relative until after i reported it stolen and turned it into my insurance now these charges have been filed
Hi Charlie,One more question...What happened with the insurance claim?Thanks
i cancelled 2 or three days after i filed it and my Insurance agent took care of it for me.
So, you didn't collect any money, right?And, do you have any other convictions for anything? If so, for what?Thanks
i did not collect any money. do mean any other charges related to this case?
Hi,Sorry for the delay. I had a phone call that I had to take.I mean have you EVER been convicted of any other crime NOT related to this case?Also, have you been convicted of any other charge related to this case?Thanks
i have been convicted of some drug charges in 2000 but i do not remember the codes. i have not been convicted on anything related to this case.the DA just filed on me on the 15th of June. there are 3 other misdemeanor vc codes that were also filed on this case. it took the da 6 months to the day to file on me.
Thanks for the information. pc 550b-1 in pertinent part states:(b) It is unlawful to do, or to knowingly assist or conspire with any person to do, any of the following: (1) Present or cause to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains any false or misleading information concerning any material fact.Further, (c) (1) Every person who violates paragraph (1), (2), (3), (4), or (5) of subdivision (a) is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, and by a fine not exceeding fifty thousand dollars ($50,000), or double the amount of the fraud, whichever is greater. When the claim or amount at issue exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not exceeding fifty thousand dollars ($50,000) or double the amount of the fraud, whichever is greater, or by both that imprisonment and fine, or by imprisonment in a county jail not to exceed one year, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (B) When the claim or amount at issue is nine hundred fifty dollars ($950) or less, the offense is punishable by imprisonment in a county jail not to exceed six months, or by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine, unless the aggregate amount of the claims or amount at issue exceeds nine hundred fifty dollars ($950) in any 12-consecutive-month period, in which case the claims or amounts may be charged as in subparagraph (A).It is not surprising that it took 6 months for the DA to file the charges against you. That is because the insurance company did its own investigation and then forwarded theresults to the police. The insurance company may have told you "it was taken care of",when, in fact, they were investigating the claim that you made.Because you have been charged with a felony, as well as the misdemeanors, you have aright to an attorney, and if you can't afford one, you can ask for a public defender to represent you. It is STRONGLY recommended that you have an attorney represent you inthis case.The prosecutor has to be able to prove each and every element of the crime "BEYOND A REASONABLE DOUBT." That is a VERY high burden. An attorney may find a "loophole" in theprosecutor's case. Also, an attorney may be able to negotiate a plea bargain on your behalf in which some or all of the charges are dismissed, or some are dismissed and others reduced. Or,hopefully, the attorney can get the felony dismissed in exchange for a plea to a misdemeanor.If you do not believe that you are guilty of ANY crime (even of a misdemeanor that was filed by the DA, or negotiated as part of a plea), you still have a right to a trial by a judge or jury.It is important that you speak to an attorney before your next court date. You need to speak toone who specializes in criminal law. Sometimes, an initial consultation is at a minimal cost.Below is a link to the California Bar Association Lawyer Referral Page. You can use its servicesif you do not know of an attorney in your area.http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspxUntil you speak to an attorney, you may wish to exercise your RIGHT TO REMAIN SILENT and NOT speak to the police or any insurance representative. You don't want to make any statement that may be used against you.Even if you can't afford to hire an attorney, it is still worth your time and minimal amount of money, to speak to an attorney. You can talk about the specific facts of your case, evaluate youroptions and decide how to proceed. That way, if you get a public defender, you will alreadyhave some knowledge of what will occur. I hope you find this information useful. If you have further questions, please ask.Please remember to only rate my answer when you are satisfied with it. We work for Positive Ratings, so it would be appreciated if you would click on one of the top three ratings or one of the Smile Faces. IF you feel the need to click either of the two stars on the left, PLEASE STOP and REPLY TO ME VIA THE CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue to further work with you and do everything I can to provide you with the service that you seek. Thank you. Good luck
Do you think in your opinion that because i withdrew my claim that the consequenses would be lessor than if if went thruough with the claim?
Hi Charlie,I'm sorry for the delay. I was assisting another customer.As an expert for Pearl.com, I am prohibited from giving legal advice. However, I am sure that your attorney will ABSOLUTELY make it clear that you withdrew your claim, and therefore, the DA should take that into consideration and negotiate a plea bargain that is favorable to you. Without giving legal advice, the fact that you withdrew your claim CANNOT hurt you, but may help. Again, that is something to go over with your attorney.
I hope you find this information useful. If you have additional questions, please ask.
Hi Charlie,Thank you SO much for accepting my answer and for the generous bonus! I'm glad you found the information useful. Good luck!
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