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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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My son was charged with fraud over 5000 dollars. Actual amount

Customer Question

My son was charged with fraud over 5000 dollars. Actual amount was 6000. He didn't phone the insurance company. I did. He said we had been broke into. He was scared of being caught by me. He had sold the stuff. I believed him so I phoned the insurance company. He has an I Q of 66 and is FASD. What will happen to him in court
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear this. Have you made restitution to the insurance company?Has he ever been charged before?Can you prove that he is mentally disabled?
Customer: replied 1 year ago.
He didn't collect any money. Yes I have the psychological assessments
No he has no charges as an adult
Expert:  Debra replied 1 year ago.
I see. So they insurance company never paid you anything. Your son sounds like he is not really able to understand fully what he did. He knew he wanted to lie to you so you would not figure out what he did but he could not have know that you would call the insurance company and that this would be insurance fraud. It would make sense for you to consider retaining a criminal lawyer who can likely quite easily convince the Crown that your son is not able to form the intention to commit fraud.And it could be that the Crown will agree to diversion and that is where your son is permitted to make amends to society in an alternative way such as by doing some community service and then the crown would withdraw the charges.If your son is receiving any services from the government then you should consider getting some help from his worker or from social worker if you know anyone like that.
Customer: replied 1 year ago.
We have been told it is an indictable offense and is going to trial. Why ?
Expert:  Debra replied 1 year ago.
Because the amount is over $5000 and they don't understand that your son is disabled. So you most assuredly need a criminal lawyer for your son.
Customer: replied 1 year ago.
What's the likelihood of a jail sentence ?
Expert:  Debra replied 1 year ago.
Given the circumstances I don't think that a jail sentence is at all likely.