Legal Question in Criminal Law in Georgia

Do I have a defense for Theft By Deception charges brought against me?
I owned a trailer dealership in early 2014. We sold trailers online, over the phone and in person. After having a few bad months we decided to sell off assets and close. We continued to take orders but only small ones that could be filled quickly with local manufacturers. Due to cash flow issues we advised our current customers that if they wanted refunds it would take a week longer. One customer was unhappy with this and decided to involve his brother who was a detective. I was questioned and arrested and booked into jail. I was given no bond for 3 weeks then given a high bond of $50,000. I sat in jail for 75 days. During this time the detectives contacted all my customers and any that hadn't received their money back were added as additional charges. All told it was 22 Felony counts of theft by deception. When I was finally able to post bond I contacted my payment processor and approved all charge backs and all customer were refunded their deposits. Excluding two customers that placed large orders and changed them multiple times. Due to the manufacturer policy they could no longer get refunds due to the materials already used. Its has been 2 1/2 years and I have had ZERO contact. I am applying for a GA Insurance Agent license and had to call 5 times just to speak with someone. They had lost the file and it took me driving there to have it located. Now all of a sudden they are putting it to a Grand Jury in 2 weeks. What do I do? I didn't steal anyones money nor did I deceive anyone. I sold trailers. I had multiple manufacturers and filled tons of previous orders.
I have PO's showing orders were placed when money was given. That shows intent to honor. And I have proof money was refunded to customers. I've been hounding them for weeks now and the are putting it to a grand jury to decide on prosecution. The financial issues came about due to me being scammed by a company called Husky Cargo Trailers. I placed $9,000 worth of orders with them and then they closed shop and took off to Florida. They have since closed again and are being pursued by over 50 customers in both FL and GA. I never received that money back and it ruined our cash flow and caused us to have to start closing down as well. I never took money from my company nor made purchases other than business expenses. I am an honest person and just don't understand how I can be charged with theft by deception and not be given an opportunity to show material proof that I am not without having to shell out money for a lawyer and wait for a Grand Jury.

Asked on 7/22/16, 12:21 am

Ralph Villani VILLANI LAW FIRM

0 users found helpful

0 attorneys agreed

You put too much info on the Internet

If you were arrested, you have charges against you and need a criminal attorney ASSP

The State could very well access your comments and parse them and cherry pick what they want to use against you

You will have to hire counsel ASAP; and, if your story is true, you might be able to recoup your costs and get damages awarded in a Sec 1983 suit

I do criminal work and Sec 1983 lawsuits

Willing to talk to you -- can give you a 1/2 hour free consult this weekend only

but I need a lot more information

Email me in confidence (need all of your contact info, too)

(Office#) 770.985.6773 (answered 24x7)

Good luck

Ralph

Answered on 7/23/16, 6:23 am

Keywords

Match Any Match All

Country

State

Area of Law