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How do I go about getting a charge reduced?

Question Details:I received a felony receiving goods by false pretenses. Can I get it reduced to receiving goods by worthless check?

Asked 2 years ago under Criminal Defense | 542 Views | More Legal Topics

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Damon Chetson | The Chetson Firm, PLLC Answered 2 years ago | None Contributor with 0 answers This Raleigh, NC attorney is licensed in North Carolina

First, you should hire an attorney.  If you have no felony conviction on your record, you should make sure you don't start now.  It's not the time to get a record like a felony worthless check, which makes employability hard in this economy. 

It's possible, depending on the evidence they have.  If they're charging you with OPFP and telling you to plea to the charge, you should reject that and work toward a better plea.  OPFP, if under $100,000 in value, is a Class H Felony.  Felony Worthless Check is a Class I Felony.

If you have no prior convictions, and the amount in question is not large, a sympathetic district attorney may also agree to a deferral agreement.  This would allow you to make restitution over a year's time.  If you successfully make restitution, abide by other conditions, and don't get into any other trouble in the year, the DA will dismiss the charges in a year's time.

However, if you fail to make restitution, or otherwise get in trouble with the law, the deferral agreement means that you have agreed to the conviction, and you will be convicted.

These deferral agreements are available in NC for Class H and Class I felonies.

B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

It's possible.  Depending on how strong the case is against you and several other things, it may be possible for an experienced defense lawyer to persuade the prosecutor to offer a plea bargain.  This serves the public interest by saving the government the expense of a trial, which is no small matter.  One of the things that would be considered in a case like this, one of the few things you could control, would be making restitution, or at least starting to, by returning the goods or paying for them, but I would not do this without talking to your attorney first.

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