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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I am a victim of 11 felonies in the state of Louisiana. The

Customer Question

I am a victim of 11 felonies in the state of Louisiana . The defendant has through his lawyer filed for a pretrial diversion He comitted 5 counts of forgery, 5 counts of Insurance fraud and theft against us we have proof srom the sheriffs dept who investigated the allegations we pressed charges against him . What can we do?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: We were lease purchaseing a double wide mobile home and the land for $65,000.00 and put down !2,500.00 thinking it was a down payment. Well we went to sign the contract thinking there was a notary there but after signing and paying he said that we would meet with the notary at a later date. I was upset, but he said it was legal no notary ever notarized it, but he had a notarized signature , and number on it but the detective on the case went see the notary but he said he never signed it and never met us or knew who we were . thats not all though
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes he also had us sign a power of attorney which was not notarized in our presence, but the notary said he had notarized that ,but only him and the leesor were present there is more he was arrested on 11 felonies against us includeing theft . we got hit by 2 tornadoes and he kept and forged my name to all checks repaired the roof ,but I found out 3 years later that there were 5 checks totaling 10,000.00 and did not do all the repairs . He also stole 1 and signed my name to a check that was only made out to me. he also charged taxes for 3 years of over 300.00 a year for the taxes, but I went to the assesors office and I was supposed to be paying $64.00 a year
Submitted: 10 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

Unfortunately, while you as a victim can file a police report, the decision whether to file charges, and what charges to file, is left to the state, through the prosecutor's office. It's a common misconception that a victim may press charges, since that is how it is portrayed on television and movies, but that is not the case.

That said, just because a defendant has asked for diversion doesn't mean that this is what the final outcome would be. A prosecutor would also have to be in agreement, and even then, a judge has to sign off on any plea. It's not uncommon for a prosecutor to offer plea deals to defendants as a way to bring matters to a speedy resolution. A lot of thought goes into what a fair plea deal may be, such as a review of the crimes a defendant is charged with, the strength of the evidence in the case, the prior record of the defendant, and so forth.

Because so much is left to the prosecutor and judge though, honestly there's very little you can do. You can't "force" a particular outcome or ensure that the defendant receive a certain sentence. You can contact the prosecutor and stress to them the damage that was done to you as a victim, and how you wish to see them punished to the fullest extent of the law. You can write a victim impact statement to the court to consider as well. But ultimately, the prosecutor will decide whether to offer a plea (and the defendant can accept or reject any offer) and the judge passes down sentencing. Yes, they will consider your wishes and keep in mind your concerns as the victim, but it is not the only factor considered.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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