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    Darudeso11's Avatar
    Darudeso11 Posts: 2, Reputation: 1
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    #1

    Apr 16, 2009, 04:14 PM
    Fraud charges
    There was a contractor that took money from 26 people in my area and never did ANY work (only reason why cops decided it's fraud and charged him).

    Prosecutor wasn't interested but after we all got together and involved local TV and newspaper he agreed to file charges.

    Problem is that this contractor stole just under $5000 from all of us making this number of counts of fraud under $5000

    No past record so this is more than likely (according to prosecutor) to end up as summary offense (not indictable) so maximum penalty is 6 months (as opposed to 2 years with indictable) but because there was no prior record this guy will probably walk away.

    We asked this the prosecutor but he really seems uninterested so we don't really have faith in him.. is there a legal way to turn this into more serious offense of fraud over $5000?

    He stole almost $120,000 so why can't this be "combined"?

    In a way I doubt it's possible (like changing 5 attempted murder charges into one murder charge) but I figured I'd ask..

    PS. This is Ontario, Canada.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 16, 2009, 04:56 PM

    There is all sorts of ways, but the prosecutor, they could ask the judge to not let sentences run together ( 26 sentences of 6 months is 13 years)

    Perhaps one of the cases can find additions losses that add it up to over 5000 dollars
    Darudeso11's Avatar
    Darudeso11 Posts: 2, Reputation: 1
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    #3

    Apr 16, 2009, 05:38 PM
    That's interesting, I've never heard of someone serving time for a few counts of a crime separately.. how often does that happen and what's required?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 16, 2009, 05:44 PM

    Normally if someone is covicted of several crimes they serve all the sentences at the same time, but not always, the DA would have to want it badly, and the judge would have to be a very hard judge ( too many liberal ones now adays) but it is possible, does not happen often, but is allowed at sentencing.

    But I will be frank it will never happen in your case, the DA controls it, so if they care less, nothing will happen, you will be lucky they don't plead it out to something really minor

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