Legal Question in Criminal Law in Virginia

I have no record I'm being charged with a class u felony and a class 6 felony one is frauds one is credit card larceny. Basically a ex stole a guys credit card unknown to me ordered a pizza with my cell using it. Then used it 3 times without me she asked me to pump gas for her car I got out of passenger seat she hands me what I believed to be her card from wallet I swipe it and proceed to pump gas. I never thought to look at card it came out of her wallet. I got a bad court appointed lawyer who is telling me to plead to the lesser of the two felonies. Then have no jail time but a felony on my record. I work with kids and can't have that! Help! Is there a first time offender act? I am very active in community have tons if character references and need help! I am also in a custody battle got my son and a felony won't help matters there too! The girl who actually stole card is in no trouble for this which annoys mee too!


Asked on 6/23/11, 10:09 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

One of the problems with answering these questions here is that we attorneys often do not have all of the information. But from what you write here -- which might not be the whole situation that is important -- I cannot imagine why you would want to plead guilty to anything. Of course, the court-appointed attorney may have some reason for his recommendation that I don't know about here. For example, if you ADMITTED things to the cops, the attorney might be worried about what you already admitted or something like that.

But even if you might be found guilty, I think there is a big enough chance (just from what you say here, which might not be all the details) that you might not be found guilty, that you should require the prosecutor to prove the case against you. That is, don't agree to anything.

One of the biggest problems in this situation is what the girl will say. I doubt that she will admit that she stole the card. I would think that if she used the card 3 times without you, that might prove that she stole the card, not you.

If you have a court-appointed attorney and don't like him or her, I don't know what to recommend. I would be happy to help you but I can't do it for free. You should swee if you can come up with some money any way you can. If you want to talk about it, I live near Fair Oaks and have my office in Reston.

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Answered on 7/14/11, 7:37 am


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