QUESTION
on diff adjuducation for a 1st off for 5 yrs almost done, 1 violation accused of faking community service hours (not true but cant prove it)
Asked on Feb 23rd, 2014 on Criminal Law - Texas
More details to this question:
4th degree felony in 2009 ( securing documents by deception 1500 - 20000 . first offense- no trouble before or since ). I was to pay 15,000 in restitution and complete community service. I owe only 1300 of the restitution an am done with community service. The volition is 5 forged community service hours. I did not fake the hours but I cannot prove it, an old lady's word against mine. I was arrested and bonded out pending a court date. They are offering me 6 months flat state jail time, my lawyer said it is the minimum offer. I have 4 kids one of which going thru a mental health crisis she is depressed and suicidal, recently released from the hospital, I cannot go away for 6 months. I don't know if she will survive it. What should I do?
1 ANSWER
Of course, there is no absolute answer to your situation but there are two things you must keep in mind in making your decision:1- You have the right to a hearing where the state has the burden of proving that you violated your conditions. It is not your burden to prove that you didn't. 2- unfortunately their burden is preponderance of the evidence which is much lower than beyond a reasonable doubt. In other words it's easier for them to meet their burden on these type of cases. But they do still have the burden. It sounds like you have done great otherwise, especially on your restitution, it maybe a good idea to leave it up to the judge. That all depends of the judge you have, of course. Good luck, hope the best for you.
Answered on Feb 23rd, 2014 at 7:47 PM