Fraud,Forgery,Poss.Meth&C.C.abuse-HELP

[caughtup]

What is the name of your state? texas. hi, i was recently indicted on those 4 felony charges[ mentioned above] , my question is this,is there any chance of me getting probation? i have never been in any trouble at all ever before this. it is all on one indictment that says these derived from one criminal episode, my attorney tells me sure, probation is still a possibility but i'm not convinced, that is 4 felonies and on the ind. it has 10 things after it states those 4. please give me some advice if that is possible,i'm not really understanding all this and i'm scared to death,i have 3 small children and i'm the only parent. thanks a million, me

 

[DianneInNY]

C.C. abuse is what - credit card abuse?

 

[caughtup]

i'm sorry, yes that is credit card abuse, technically it reads credit or debit card abuse. thank you for replying!

 

[I AM ALWAYS LIABLE]

What is the name of your state? texas. hi, i was recently indicted on those 4 felony charges[ mentioned above] , my question is this,is there any chance of me getting probation? i have never been in any trouble at all ever before this. it is all on one indictment that says these derived from one criminal episode, my attorney tells me sure, probation is still a possibility but i'm not convinced, that is 4 felonies and on the ind. it has 10 things after it states those 4. please give me some advice if that is possible,i'm not really understanding all this and i'm scared to death,i have 3 small children and i'm the only parent. thanks a million, me

My response:

You are correct not to be "convinced." Your attorney is only trying to keep you from "freaking out". You have about as much chance of getting probation as you are winning the lottery or becoming a NASA astronaut.

As for your children, can you say "Foster Care System"?

IAAL

 

[caughtup]

one more thing i forgot the fraud is actually fraudulent use of identifying information,i didn't know if this would make any difference. thanks, me

 

[DianneInNY]

I'm sorry but I have to agree with IAAL...I just don't see probation being the likely outcome. Do you have family (with clean police records) to look after your children?

 

[stephenk]

i think your post should have said you had never been caught before. I dont think anyone here believes this was the first time you used meth or committed some fraud/theft act to help support the meth use. your kids must be proud of their momma.

tell your attorney you want to deal for some time of drug diversion program if it is allowed.

 

[I AM ALWAYS LIABLE]

i think your post should have said you had never been caught before. I dont think anyone here believes this was the first time you used meth or committed some fraud/theft act to help support the meth use. your kids must be proud of their momma.

tell your attorney you want to deal for some time of drug diversion program if it is allowed.

My response:

Usually, not always, but usually, prison time and seeing your kids carted off to a foster home is a pretty good "diversion program." The writer really needs to spend some time (oh hell, a few years) behind bars. This type of behavior is simply not tolerated by society; i.e., that's why there are criminal codes on the books.

IAAL

 

[caughtup]

first of all i never said that was the first time for,well,anything!second of all the crimes were not done to pay for a drug habit,maybe you should hear the whole story before you pop off at the mouth like that ! the crimes were done on a laptop that belonged to me,most of all the evidence[ with the exception of the computer] was found in a "friends " car which was on my property,which a few people gave her exact description, not mine,to the police regarding the case before i was ran in on,but since that car was on my property and she had personal items at my house and the laptop is mine i'm being prosecuted. even though it is not my aol account,not my name,not my stuff,it was my house and i guess possession really is 9/10ths of the law.hopefully with nothing of real substantial order pointing at me ,this will all be shown.....thank you very much!!!!!!!!

 

[I AM ALWAYS LIABLE]

first of all i never said that was the first time for,well,anything!second of all the crimes were not done to pay for a drug habit,maybe you should hear the whole story before you pop off at the mouth like that ! the crimes were done on a laptop that belonged to me,most of all the evidence[ with the exception of the computer] was found in a "friends " car which was on my property,which a few people gave her exact description, not mine,to the police regarding the case before i was ran in on,but since that car was on my property and she had personal items at my house and the laptop is mine i'm being prosecuted. even though it is not my aol account,not my name,not my stuff,it was my house and i guess possession really is 9/10ths of the law.hopefully with nothing of real substantial order pointing at me ,this will all be shown.....thank you very much!!!!!!!!

My response:

You're welcome.

Oh, by the way, please tell me how you possess and use "meth" on a computer?

I'd love to read the excuse for that one!

Just the meth charges, alone, will be enough to "send you packing" and your kids off to a foster home.

IAAL

 

[maybeso]

I notice nobody is giving you any info. You asked for information on just how bad your plight is.

Here goes.

In Texas, Credit Card or Debit Card Abuse is a State Jail Felony - That is not less than 180 days nor more than two years in a state jail facility
and additionally a fine up to $10,000.

Fraudulent use or possession of identifying information is also a state jail felony - same as above.

Forgery is a state jail felony if a credit card
It can also be a 3rd degree felony if government records were forged.

Possession of meth depends on the amount, but since you said you are being charged with a felony, the minimum is a 3rd degree felony - not less than than two years nor more than 10 years plus a fine up to $10,000.

This is why they are saying you are right to be worried.

You should also not admit things in a forum like this because smart district attorneys cruise these places just looking for admissions of guilt.

Your first post said you did not do 3 of the 4 felonies - that could be construed as an admission very easily.

The meth charge is your most serious charge. The rest may be easier to deal with if your friend actually did the other crimes.

be careful and weigh your options.
You should be scared - you are facing some jail time unless you get good legal representation. Your lawyer probably said not to discuss this with anyone. Listen to him or her.

Disclaimer

This is not legal advice nor am I acting as your lawyer for any purpose. This posting is merely my personal opinion meant only to educate and elucidate. In any case, you should further research this topic for yourself, make an informed decision and consult a competent attorney in your area and state before acting on any website advice.

 

[I AM ALWAYS LIABLE]

I notice nobody is giving you any info. You asked for information on just how bad your plight is.

Here goes.

In Texas, Credit Card or Debit Card Abuse is a State Jail Felony - That is not less than 180 days nor more than two years in a state jail facility
and additionally a fine up to $10,000.

Fraudulent use or possession of identifying information is also a state jail felony - same as above.

Forgery is a state jail felony if a credit card
It can also be a 3rd degree felony if government records were forged.

Possession of meth depends on the amount, but since you said you are being charged with a felony, the minimum is a 3rd degree felony - not less than than two years nor more than 10 years plus a fine up to $10,000.

This is why they are saying you are right to be worried.

You should also not admit things in a forum like this because smart district attorneys cruise these places just looking for admissions of guilt.

Your first post said you did not do 3 of the 4 felonies - that could be construed as an admission very easily.

The meth charge is your most serious charge. The rest may be easier to deal with if your friend actually did the other crimes.

be careful and weigh your options.
You should be scared - you are facing some jail time unless you get good legal representation. Your lawyer probably said not to discuss this with anyone. Listen to him or her.

=====================================


My response:

You "noticed" no one was giving her information? What information DIDN'T we give her? We gave her basically the same information YOU gave her, and MORE - - we didn't need to give her a recitation of the criminal codes because, presumably, and since she has an attorney, her attorney has previously reviewed these criminal codes with her. So, when you take away your summary of the criminal codes, what more did you say to her that hadn't already been said? Did you even touch upon the issue of our writer losing her children? No.

Also, please explain this statement to me - -

"You should also not admit things in a forum like this because smart district attorneys cruise these places just looking for admissions of guilt."

The way I see it, since Texas is a huge State, with many criminals, and since our writer never gave her County name, and she NEVER gave us her REAL name, unless the State of Texas has a case entitled "State of Texas versus Caughtup", then please tell me how a "smart district attorney" is going to know which of his/her innumerable cases is being referenced by our writer? And which county's district attorney? Texas isn't Delaware size, don'tchaknow! Unless you are equating being "smart" with clairvoyance, I don't see how ANY district attorney who may "cruise these places" is going to know the identity of our writer, "caughtup." Do YOU know her name?

You said, "The meth charge is your most serious charge. The rest may be easier to deal with if your friend actually did the other crimes." Wow! Really? And, you don't think her attorney has already told her that bit of news? And, do you recall my response to her that contained this "information" concerning her Meth possession and usage - - "Just the meth charges, alone, will be enough to "send you packing" and your kids off to a foster home."

Your and my statements sound fairly similar in gravity to me - - except for the fact that I said it before you. So, what NEW information did YOU give our writer that wasn't already said to her, albeit in a different fashion?

You know, backhanded insults to the other contributors to this site are really not kosher. Next time, before you make statements like "I notice nobody is giving you any info", make sure you've read the responses carefully.

IAAL

 

[maybeso]

I did not slam you. You seem to be sensitive. I guess you did not notice that you all were just bashing her and telling her "Oh it's so bad".

The collateral consequences of her losing her children were already dealt with quite adequately by you and other contributors. I felt no need to add to it.

I have no ax to grind, nor do I know you, your history, or your buttons.

This seems to be an open forum. Or at least I thought it was. When or if I slam you, believe me - you will know it. There will be no doubt in your mind or in the mind of any other reader of my intentions.

If I offended you in some way, I apologize. I am new here and I am just trying to answer the question that started this thread.

Please reread all the posts here from my point of view and you will see that she asked for information. I gave some information.

Whether spending a lot of time in prison or having one's children in somebody else's care is the "more serious" of the two is a judgment call. I leave it up to her to decide.

As far as backhanded compliments go, I did not intend a compliment. When I compliment I do it without reservation or ulterior motives.

I stated a fact. You chose to interpret it as a personal slam. That is your choice.

I shall refrain from prefacing my comments with what others did or did not say or do.

But, you could be a little more friendly and be more understanding by giving a nudge instead of bashing me over the head. Dig?

I understand your criticism. I apologized and told you I had no impure thoughts. I hope this is enough for you.

They say no good deed ever goes unpunished.

Nuff said?

 

[I AM ALWAYS LIABLE]

My response:

You said - -

"When or if I slam you, believe me - you will know it. There will be no doubt in your mind or in the mind of any other reader of my intentions."

Ditto.

Also, your personal apology is noted and accepted.

IAAL

 

[maybeso]

Thank you, and I appreciate your acceptance.
Maybeso