Legal Question in Criminal Law in Georgia

I was charged with 3 felony counts of financial transaction card fraud and have been offered the pre-trial intervention program. Basically what happens is you plead guilty and then have to go through classes and be on probation for like 2 years and not get arrested any during that time and when its over your charges get taken off your record. That seems like a good deal because this is my first time ever being arrested but then again I do not want to plead guilty because I don't think I am. What happened was and also what it says in my written statement is that my cousin called me once a week for about 2 months because she had been stealing her moms debit card and needed a ride to the ATM machine. So i would take her and she would get me to go inside for her because she said she didn't want to be seen by anybody that knew her mama. So i would go inside and get how much she told me to get usually between 100 and 200 dollars and bring it back out to her then we would go to Mcdonalds and then i would drop her off and went home. She was also charged with the exact same thing, but i want to know legally am i guilty even though I did not benefit anything the whole time? And what is the best thing to do at the pre-trial intervention? Should i plead guilty and go through the program or plead not guilty and get a lawyer?

Asked on 4/05/11, 12:24 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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No need to read beyond the first line of your post. People charged with felonies need lawyers not internet forums.

Answered on 4/05/11, 12:28 pm

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Lawrence Lewis Lawrence Lewis, P.C.

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Your "real" cousin would call you, hand you a debit card with your "real" aunt's name on it, then ask you to go into the bank, because she did not want to be seen my anyone that knew your aunt. Is that correct? And at no time did you find that suspicious? You know both your aunt and cousin, but that scheme did not seem suspicious to you? In the two months that your cousin was asking you to help her steal from your aunt, you never once bothered to make a cell call to your aunt to ask any questions? Should you take the pre-trial diversion? Absolutely NOT. First, you write that you did nothing wrong, and did not benefit. Second, if you have so little insight into what is going on in your own family (cousin's relationship with aunt) and so little sense to see that your cousin is stealing from your aunt, you will never make two years on probation. Within six months you are going to violate your probation, when some other thief or drug dealer convinces you to participate in some hair-brained plan that seems legitimate to you. You need a jury trial. I think if you put these facts to any jury outside of Fulton or DeKalb county you will be found guilty. However, in Fulton and DeKalb County jurors know there are folks walking around without the good sense that God gave them, and that is where your hope lies. I suspect that you are in Fulton ro DeKalb, because no other county would offer you this sweetheart deal that you are describing here. Plead guilty to three felonies and get your record expunged. That doesn't even sound correct, but you can write us again in two years Good luck.

Lawrence

Answered on 4/05/11, 2:47 pm

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