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Felony Credit Card Transaction Fraud Sentencing and Defense

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  • 07-10-2013, 06:25 PM
    David Virginia
    Felony Credit Card Transaction Fraud Sentencing and Defense
    My question involves criminal law for the state of: Minnesota

    I have been arrested, charged, spent 9 nights in county jail and released on bail and probation. I have been charged with 2 counts of Credit Card Transaction Fraud ( $250-$2500) for one count and ($2500-$10000) for the other count. Also with 2 counts of mail fraud. My Omnibus hearing is next week. I qualified for a public defender and have not met with him yet because he doesn't have the case files yet. We are set to meet this Monday at 4 p.m. and my hearing is scheduled 2 days later. My first Question is: Is this enough time for me to make a decision on what to do. If I don't like how I'm being defended or the Attorney's strategies are not in my best interests I only have 1 day to weigh my options and find a better defense option, will the court allow a continuance based on these facts?

    Besides a couple of speeding tickets I have no criminal record. What penalty min and max amounts am I looking at for each count or charge both monetarily and incarceration times, if I plead guilty? What are my chances I could be offered a plea bargain which I would ask that they drop the Felony charges to a lesser charge, which is the most important to me. And am I facing Jail time for sure or do I have any chance of not doing time?

    Thanks every one for your thoughts
  • 07-10-2013, 07:50 PM
    Disagreeable
    Re: Felony Credit Card Transaction Fraud Sentencing and Defense
    If you do not like your PD, hire a lawyer. You already know you are guilty. All you need to do is asses the evidence against you and any offers on the table. It is not like getting a college degree.
  • 07-11-2013, 04:51 AM
    flyingron
    Re: Felony Credit Card Transaction Fraud Sentencing and Defense
    Certainly a continuance is possible. If you don't have the ability to hire private counsel, you're have a tough road to disqualify a PD and get another. Most likely unless you've got a plea offer on the table from the prosecution, all that is going to happen is a plea of not guilty is entered and a date for further proceedings is going to be set. If there is any question as to probable cause or evidence admissibility or whatever, there's almost sure to be another hearing before trial on the motion anyhow.

    Here's a doc on the Minnesota sentencing procedure: http://www.mncourts.gov/Documents/8/..._Minnesota.pdf

    It looks like you can be spending somewhere around a year or two, perhaps suspended for probation.
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