Fraud, Embezzlement, Bad Checks legal trouble and I am unsure of what to do

[missclovie]

First off, I live in Kentucky. I have been charged with identity theft and forgery. I have never been in any trouble ever before. The commonwealth attorney here in our county really has it out for me. My attorney said that I was an ideal candidate for the diversion program, however, she will not go along with it. She offered me 10 years and they would give me shock probation after serving 30 days in the local jail. But, here is another problem. I am a single mother and my son got into some trouble in January and he is under the Dept. of Juvenile Justice. His probation officer knows about my trouble. I had a specific power of attorney drew up for my mother to take care of my son in case that something happens to me. I am afraid that if I take the 30 days that the department of juvenile justice will put my son in that foster home or something like that. He has never been in any trouble before either and I feel like they are really throwing the book at us. My lawyer said that he could take it to a trial and that he believes that a jury wouldn't want to give me a 10 year sentence. But, if we take it to trial the commonwealth attorney said that she would not recommend shock probation at the earliest convenience, but if I accept her offer that she will now. Does anyone have any advice for me?

 

[jharris352]

First, listen to your attorney and don't solicit a whole lot of advice from laypeople who may or may not be right. That having been said I do want to give you some encouraging advice.

You have two main issues:

1. What to do about your criminal charges.

2. What to do to safeguard your child.

Apparently your attorney isn't very hopeful about winning an acquittal because you are focusing on how much a jury might give you. If we are talking about a single, relatively minor incident and not a broad based scheme to steal identities I would agree that any active 10 year sentence is highly unlikely.

Don't worry too much about what the DA will or won't recommend. That's kind of like asking a teenager to make a recommendation on what to do for the weekend. They are going to make a recommendation that is way in their favor (as much as they can get) and their recommendation doesn't carry that much ACTUAL weight. When it gets right down to sentencing its going to be the facts of the guilt that make the difference. If you hurt someone, or were malicious, or were uncaring about the way it was done the penalty will be stiffer.

Regardless of what a DA says, deals get better and better as you get closer to your actual trial. NEVER take the first deal and don't listen to threats about withdrawing the deal. If they were going to withdraw it they wouldn't have made the offer. Especially if there is a possibility the DA can't make her case, the deal will get better as you are walking into the Courtroom for trial. I've seen it dozens of times.

So, sit tight on the case end. Build your case, don't do anything stupid like TALK to anyone about anything related to you in your case. Obviously don't get into anymore trouble either. Be an angel, a quiet one. If I was your lawyer I would have a fit about even coming here and asking questions.

2. Your child is a different matter. You didn't elaborate on the type of trouble he is in or whether you were involved either directly or by neglect. I'm not accusing you of anything just wondering.

I'm not absolutely certain of your State rules but I personally would do something a bit more substantial than a Power of Attorney. You can sign over Temporary Custody to your Mom. Temporary Custody is revocable so you can pull it back at any time if your Mom starts to be possessive of the child or starts doing something you don't like. On a State by State basis it has an expiration date. Here in GA I think its a One year grant that automatically expired if not renewed.

Usually you can go to the Juvenile court and they have a form. Your attorney might be willing to help you out with this because its easy for him/her and is an issue potentially arising from your prosecution.

If you make plans for the care and control of your child, and deal with whatever mischief he has gotten himself into, you should be able to head off any deprivation or neglect action that your criminal problems might present.

Good luck. Keep quiet. Take care of your son.

 

[raskalnikov]

As far as I know, in all States the jury is never told what the sentencing guidelines are. they are just to determine guilt or innocence, except in the sentencing phase of a capital crime where they determine if the death penalty is to be used.

Is your attorney a CRIMINAL DEFENSE attorney? Any good?

When you say you'll be given 10 years, is that 10 years of probation?

Is the father of the child remotely involved in his upbringing?