Federal Mail Fraud and Pretrial Diversion
My question involves criminal law for the state of: Florida
I am involved in the Bp Gulf Coast Fraud case and I am a first time offender. I want to get pre trial diversion but the district attorney will not give it too me because of other people in the case and that they my try to ask for that as well. The offer they gave me is just like pre- trial the only problem is I will have a federal felony conviction. I am a CNA and I am trying to be a nurse and I can't with a federal felony. Is there anything I can do to reduce my sentence so that I can get it expunged I am willing to pay the full amount in the next couple of years.
Thanks.
Re: Federal Mail Fraud and Pre Trial Diversion
Are you asking if there is a law you can invoke that will force the DA to offer you diversion? If so, there isn't one.
Re: Federal Mail Fraud and Pre Trial Diversion
Talk to your attorney about it. If you are being prosecuted by the federal government for a federal offense, you need a lawyer who is familiar with federal criminal law and procedure. It’s substantially different than prosecution in the state courts, and generally speaking the feds don’t offer expungement for convictions unless the conviction was flawed in some manner or the conviction was for certain first time drug offenses.
Re: Federal Mail Fraud and Pre Trial Diversion
What I am asking is there anything I can do to get into a program where I will not have a federal charge. If I tell on others that won't help me will it? Is due process involved because a group of three people up state got pre trial for the same charges for the oil spill fraud and it was federal why do I not get that option.
Re: Federal Mail Fraud and Pre Trial Diversion
That is a question that only your own attorney can answer.
Re: Federal Mail Fraud and Pre Trial Diversion
If you're being charged with FEDERAL mail fraud, the DISTRICT attorney has no say in anything. The US Attorney is the prosecuting arm. As to how to have it dropped to a state charge because it's more convenient for you in life?
You can't. It doesn't work that way. That's like asking California to prosecute you for a crime you committed on the state level in South Dakota because the winters are less brutal in Los Angeles.
Re: Federal Mail Fraud and Pre Trial Diversion
With that being said then how can one attorney give a group of people pre trial diversion and others not. The US attorney is the one prosecuting then how can there any differences. The laws are the same in federal court correct.
Re: Federal Mail Fraud and Pre Trial Diversion
Quote:
Quoting
tiffini
With that being said then how can one attorney give a group of people pre trial diversion and others not.
There are plenty of reasons that one group may get a better offer than another, it could be that their involvement was less, that they cooperated more, their background is different, or the case against them is weaker. Their lawyers could simply have negotiated better. The prosecutor has a lot of leeway here.
Re: Federal Mail Fraud and Pre Trial Diversion
Quote:
Quoting
tiffini
With that being said then how can one attorney give a group of people pre trial diversion and others not. The US attorney is the one prosecuting then how can there any differences. The laws are the same in federal court correct.
Maybe your fraudulent claim to BP was larger than theirs or more outrageous ??
Re: Federal Mail Fraud and Pre Trial Diversion
Or maybe someone already has a record and someone else is a first time offender....
Prosecutors are given pretty decent latitude to handle their cases in whatever way they choose. Again, once the crime is committed, you're giving your life over to a third party to decide how they want to deal with it. THAT'S NOT FAIR isn't anything that is going to make anyone change their mind. The fair comes once a year and usually includes a petting zoo, not jail.
Re: Federal Mail Fraud and Pre Trial Diversion
Maybe the da would consider a plea to a misdemeanor,it will still cause you some problems but it's a lot better than a felony.