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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4497
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My husband is facing a third degree felony in Ohio for signing

Customer Question

My husband is facing a third degree felony in Ohio for signing an affidavit saying that he sold a car for $500, when it was supposed to be sold for $15,000 (we got scammed, and the buyer only paid $1,500, which is neither here nor there, just trying to get all the facts out). The affidavit was to get a car inspected in Kentucky so the buyer can register and title it. According to my research, KY goes on the actual car value and not the price shown in the affidavit or title (not sure whether this effects the outcome or not).

I've been reading about dropping charges to a misdemeanor, but all the cases are drug possession, insurance fraud, etc. Is there any chance that he could get it dropped to a misdemeanor? He has no record, except for an underage when he was 17 (10 years ago) and a couple speeding tickets.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.

A prosecutor has pretty wide discretion in calling a lesser charge for the purposes of a plea. So it is possible for them to find a similar applicable charge that is either a misdemeanor or a lesser felony by dropping the dollar amount of the alleged fraud.

Another outcome that would possibly be better for him than a reduction in charges is to work out a deferred prosecution agreement with the prosecutor given that this is his first offense. Deferred prosecution essentially involves the court putting off the case for a period of time and possibly imposing conditions like probation and/or community service. If the program is completed successfully, then the conviction does not go on his record and he can truthfully say he has not been convicted.

It is a good idea for him to get a lawyer to represent him to negotiate the best possible deal on his behalf.
Customer: replied 4 years ago.

Thank you!

Expert:  Hammer O'Justice replied 4 years ago.
Sure, I hope he is able to work out a good result. Please leave positive feedback so I get credit for my answer. Good luck!

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