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    DistraughtInGA's Avatar
    DistraughtInGA Posts: 2, Reputation: 1
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    #1

    Oct 8, 2008, 06:48 PM
    First time felony am I looking at jail time?
    Hello,

    I am new to this site, and saw all the questions and answers, and felt as though it could possibly help me some. So any input anyone has is greatly appreciated.

    My question is at the end of February I was arrested on a misdemeanor charge of criminal trespassing. I went to court on April 13th and found out it had been moved to the D.A.s office because it had been up'ed to a felony, but the initial charge was a misdemeanor and was under 500.00 then all of a sudden it was up'ed. I went to my arriagnment back in August and pleaded not guilty. I did not do what I was accused of and am truly innocent.

    I have a public defender who isn't much help but he says he can more than likely get it dropped back down to a felony, but I'm not sure whether to believe him or not. I went to calendar call on October 2nd and he gave me a discovery packet the woman who filed the charges and her witnesses lied through their teeth on me and right now the whole situation I am very upset very dstraught. I am bipolar and suffer from anxiety and manic depression. My trial date is set for October 20th, but if I want to change my plea it will have to be put it on October 16th.

    For criminal trespassing, and never being in trouble before a day in my life. I have a clean back ground, and have never had any legal issues before what I want to know is am I looking at jail time, or with it being my 1st offense will it be dropped to a misdemeanor and am I just looking at a fine, and probabtion? My public defender says it doesn't need to go to trial and that it is really a low priority case he also says I worry too much and make things out in my head that are worse than they really are. Well that may be true but I think if it was him he would be just as worried, and scared to death as I am.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 8, 2008, 06:52 PM

    Still not 100 percent sure exactly what you are accused of,

    Criminal tresspass can be several different crimes depending on what state you live in. For example in GA, it can be actual tresspassing, but it is also theft under 500 dollars ( I believe that amount is correct) after that, to be a felony it has to be called another crime, theft, burgaly or so on.

    But beyond the witness, what other evidence is there,

    But while YOu don't want any record, esp if you are really not guilty, it is possible for a felony, first time, to get only probation, a fine and to pay back any damages.
    DistraughtInGA's Avatar
    DistraughtInGA Posts: 2, Reputation: 1
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    #3

    Oct 8, 2008, 07:09 PM
    It still said on the discovery paperwork that it was criminal trespassing, but I have also seen it just say criminal damage so I guess I am being charged with criminal damages. First it was a misdemeanor then because the woman took her car to go get an estimate 6 months to a yr. after the fact it was moved up to a felony because of the amounts.

    She has two witnesses, and the invesitgator that came out to my home also put into the report that I admitted to doing damage to her car. And I didn't, my mother was there when the whole incident happened, and she was there when the invesigator came out there are no video tapes or tape recordings so it is really all their words against mine, and my mother is my only witness. The whole situation is really stupid... and a total waste of time, and it has been very difficult for me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 8, 2008, 07:36 PM

    Ok, but there is no written confession. The witness would have to have actually seen you do the damage to the car.

    In GA if you actually went into the car ( like broke the window out and reached in, or just opened the door if the car is not yours to take something or do damage) then that can be charged as a felony, normally changed to "entering auto" in GA.

    Normally also if you have paid the person back for all of the damages, some GA courts will allow you to plea this down to a midemeanor, but they don't have to. ** most of my experience is in the State Court for Futon County GA, they are a very busy court and will normally plea down.

    Mothers don't make a good witness, and most likely the investigators statement will not be entered as evidence.

    Your attorney will ask to see all evidence to see how strong a case.

    But with all of that said, I have seen people convicted on little evidence just witness so there is always reason to be worried.
    fatcatmama's Avatar
    fatcatmama Posts: 1, Reputation: 1
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    #5

    Dec 24, 2010, 08:13 PM
    How much time if any will I be facing for dealing and posstion? I have never had a felony of any type?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Dec 25, 2010, 06:20 AM

    Hello fat:

    There's no way to tell.. If you possessed a kilo of heroin and were dealing it, I'd say you're looking at some jail time... But, if you had an ounce of pot, and were selling grams, then I think you won't.

    excon

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