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Question

I was talking to a lawyer earlier and have a couple more questions. I have been charged with Fraud--uttering a court document. My original charge was Fraud writing but the ammended the charge since there is no physical evidence. I supposedly gave my employer a document from my previous conviction (Fraud to obtain a controlled substance) stating that all charges were dismissed. I actually gave her my discharge from probation and I admitt to giving her that. She said she never got that document but that document was in my personnel file. I was arrested on probable cause affidavit because my attorney told me not to talk to the detectives. My problem is that the document is a copy and that the copy given to the police was a copy she had faxed over the WY State Board of Nursing. So no one has even looked for an original. The det said he couldn't place the document with me-just that she presented it to them. I want to know where I can look at seeing if this document can actually be

Submitted: 471 days and 15 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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cheyenne, Wyoming

Posted by INFOLAWYER 471 days and 15 hours ago.

Info Request

if you want to speak to the same lawyer, withdraw this question and put the lawyer's name in the subject so he or she get it.

471 days and 15 hours ago.

Reply

I am sorry, I can't remember his name. Very nice though, I need to find out about this document. My lawyer is working a deal with the DA but his first offer was 2-4 years in jail. I cannot go to jail and I am innocent (I am sure you hear that a lot)

Accepted Answer

i will try to help you then if you want. the decision to accept the plea doesnt always turn on innocence. you need to consider what the exposure is, what the evidence the prosecutor has and can he prove it beyond a reasonable doubt. a first offer can improve if properly countered by your attorney. you should sit with him and decide on a response/counteroffer and the reasons why you are innocent. you always have the choice to proceed to trial but it carries risks as i am sure you know.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. You will still have the opportunity to follow-up if needed. Leaving a BONUS and positive feedback is not required, but doing so is appreciated.

 

Kindly remember that sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

 

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Expert: INFOLAWYER
Pos. Feedback: 94.4 %
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Answered: 8/8/2008

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471 days and 15 hours ago.

Reply

I have talked to the lawyers and I understand a plea. I was just wondering how I can find out how evidence is placed in a case. this form I supposedly gave her is only a copy. Anyone has access to my prior record and she admitts looking into it. We had an audit and she got upset because of my felony on record. She does have motive as well. I just don't understand how they can introduce a document that has not been proven to be touched by me, or no video tape, no original. When they gave discovery, all they had was the statements given to the police and a copy of the document.

Posted by INFOLAWYER 471 days and 15 hours ago.

Answer

discovery in criminal cases is very limited as compared to civil cases. at trial, more evidence will be introduced by rules of evidence still need to be met. for example, documents need to have foundation, rumors and hearsay can be introduced for truth, physical evidence needs to shoe chain of custody but your lawyer will know all this and be able to make the necessary objectons and motions if the case goes to trial and in advance in motion practice.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. You will still have the opportunity to follow-up if needed. Leaving a BONUS and positive feedback is not required, but doing so is appreciated.

 

Kindly remember that sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

 

471 days and 15 hours ago.

Reply

so you are saying if they have more evidence then it won't come out until trial? I thought asking for discovery they had to disclose everything? Do I just look up rules of evidence. I guess I am trying to feel more confident. I had an alibi in my last case and was still found guilty by trial. I also think the DA is just being mean because he said that I am mocking the justice system. I am not!!! I didn't make or give her that document. I know we have to prove my innocense

Posted by INFOLAWYER 471 days and 15 hours ago.

Answer

in criminal cases, the prosecutor need not disclose everything. you should trust your lawyer but if you have time read on rules of evidence in criminal cases. a lot of information in library and online. be sure to be be professional and curteous in court and with the DA. you dont have to prove your innocence, the prosecutor has to prove guilt beyond a reasonable doubt. big burden on the DA.

if my answers have helped you, please accept them so i get credit. bonus appreciated too. i will be logging off now but should be on later tonight or tomorrow morning.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. You will still have the opportunity to follow-up if needed. Leaving a BONUS and positive feedback is not required, but doing so is appreciated.

 

Kindly remember that sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

 

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