Can I own your direction on the following criminal defense scenario?
Defendant, while at work, wrote checks to herself totaling $7,500. She is caught and charged with grand larceny (& forgery).
DA presents its armour to judge saying she wrote checks totaling $9,500. The extra 2 august is the insurance deductiable of the employer's theft insurance. We don't know if DA knows this or its a mistake on his section. So technically, defendant did NOT write checks totaling 9.5g. Does defendant have technicality issue which could get satchel dismissed? Or what should defendant (her lawyer) do that will result in the most beneficial situation for her?
Answers:
Her legal representative should point that out to the judge but if she wrote the cheques then she should plead guilty right away.if she tries to use this as a defense to hold her case dismissed...she may get a harder cost.
A mistake surrounded by the amount will not make the charges go away. If they are dropped they will be refiled near the correct amount. She should dispute the amount. This is important because she will be required to make restitution for what she in reality stole.
If she stole 9500 and the company paid a 2000 deductible, the original charge is correct.
The state has to prove what they plead. That money that at the end of the state's case, when the state have presented all the evidence they have, and slipshod to prove 9.5k, the defense attorney should move the court for a directed verdict of not guilty.
If the case is dismissed up to that time trial they can just refile it with the correct amount.
Gool Luck
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DA presents its armour to judge saying she wrote checks totaling $9,500. The extra 2 august is the insurance deductiable of the employer's theft insurance. We don't know if DA knows this or its a mistake on his section. So technically, defendant did NOT write checks totaling 9.5g. Does defendant have technicality issue which could get satchel dismissed? Or what should defendant (her lawyer) do that will result in the most beneficial situation for her?
Answers:
Her legal representative should point that out to the judge but if she wrote the cheques then she should plead guilty right away.if she tries to use this as a defense to hold her case dismissed...she may get a harder cost.
A mistake surrounded by the amount will not make the charges go away. If they are dropped they will be refiled near the correct amount. She should dispute the amount. This is important because she will be required to make restitution for what she in reality stole.
If she stole 9500 and the company paid a 2000 deductible, the original charge is correct.
The state has to prove what they plead. That money that at the end of the state's case, when the state have presented all the evidence they have, and slipshod to prove 9.5k, the defense attorney should move the court for a directed verdict of not guilty.
If the case is dismissed up to that time trial they can just refile it with the correct amount.
Gool Luck
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