QUESTION
Can I get my third degree felony reduced to a misdemeanor?
Asked on Jul 18th, 2012 on Criminal Law - Florida
More details to this question:
I have been arrrested for committing insurance fraud under 20K ($3780). I am single, take 7 medications a day for anxiety and severe depression, on unemployment ($1100/ month), owe more on my house than assessed value, owe approx 7k on car with 80 k miles, have no assets, approx. $5k in medical debit and 8k in credit card debt and my credit is in the toilet. Applied for P.D. for this charge, Judge says I am not indigent. Have been under psych care since 1991. Was not in my "right mind" when I answered quest from Disability Ins. Co. did not intend to commit fraud. Have aquired the full amount to pay ins co. back. How do I plead my case at arrangement? Can I plead not guilty with mitigating circumstances...mental/psychological difficulties. Can I get charge reduced to a misdomeaner with probation and community service? No way I can do jail/prison time.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an aggressive criminal defense attorney, immediately. You must plead not guilty at arraignment. Do not speak to the State Attorney, let your lawyer negotiate or take it to trial if necessary. You probably have a very good reasonable hypothesis of innocence which only an attorney can assert properly. The state must prove each and every element of the offense beyond and to the exclusion of a reasonable doubt. At least set up a few free consultations with criminal defense attorneys in your area, some may take payments, but most will require a substantial retainer. You do not want to admit to anything at this stage, an attorney will get all of the police reports and determine if there is a likelyhood of getting the case dismissed or the evidence suppressed. Do not talk with anyone else about the case. Get counsel. We keep America free.
Answered on Jul 20th, 2012 at 7:08 PM