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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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A family member was recently arrested on F3 forgery, possession

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A family member was recently arrested on F3 forgery, possession of an instrument of forgery, and theft. She is currently on probation for two other misdemeanor cases involving criminal mischief (downgraded from DV assault, and failure to obey a court order) she also failed to appear on the current charge and was rearrested on a failure to appear warrant. She is now being held without bail in Utah county jail. We are unable to communicate with her and are wondering what type of sentence she can expect to get if she is found guilty? Also we are unhappy that on her last two cases she only recieved a slap on the wrist, as she is not getting the fact that she cannot keep behaving the way she is without consequences. The family feels that at this point jail is the best place for her to be, maybe if she actually had to serve time it would register that she has to start making better decisions. What can we do to express our concerns to either the judge or prosecutor ?
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. The forgery charge is a felony and carries up to 5 years in prison, along with the possession, which could be a 2nd or 3rd degree. The theft charge, depending on the amount can also be charged as a felony or a misdemeanor which carries up to a year in jail. Seeing that she was on probation and picked up a new charge, she not only has to answer to the three new charges but the violation of probation. She probation will likely be revoked, which means the State will seek some jail time and depending on her record and the new charge, may seek to offer a plea deal to consolidate the cases and run the sentences concurrent, seeking prison time. It is unlikely that she will just get a slap on the wrist at this point and be placed on probation again, she since has already demonstrated her inability to comply with the terms and conditions of it. Normally, speaking to the Judge about the sentence imposed, only takes place when the defendant goes to trial and loses. If she takes a plea, the sentence will be agreed upon by her and her attorney and the State. While you can certainly appear in court and ask to be heard, it may not be something that is considered, since you are not a victim.

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Customer: replied 4 years ago.

Okay, I understand what you are saying. Its just that she keeps getting PD's that just want to make the cases go away. The DV charge came about from her and her husband being drunk and her pounding on him while he was holding the baby. This was all done in front of her 3 year old son, she then turned around and violated the restraining order while she was in custody by calling her husband from jail. For both of these charges she only received 450.00 in fines and unsupervised probation. I think that is what bothers us the most, there was no punishment. We are just afraid of these new charges being downgraded again and her walking away with no real consequences. She is technically homeless, unemployed, and her current boyfriend is a known violent felon who abuses drugs. She is only 22 and has two small children (they live with their fathers currently), if this behavior doesn't stop she will end up dead or in prison which none of us want to have happen, that's why we think some jail time might do her some good. Will the prosecutor check her record and realize that she is unstable and this should not be treated lightly?

Yes, I think you are 100% right in your views. The goal of her attorney is to act in her best interest and get her the best possible sentence, which is of course the least possible sentence, keeping her out of jail. The prosecutor will certainly run her record, see the charges and the violation of probation and use that AGAINST her, when deciding the offer to impose. If she is on this wrong path, it not a matter of IF but WHEN she will violation again and end up in prison.
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