Legal Question in Construction Law in Virginia

Construction fraud

My boyfriend has been charged with construction fraud and has a court-appointed attorney -- he goes before Circuit court in about 2 weeks for jury selection -- we have asked his court-appointed attorney several times if we may pay the person the $6,500 owed and save the courts any further time -- would my boyfriend still be charged with a felony if restitution is made. I do not feel the Commonwealth's Attorney has proven ''fraudulent intent'' because my boyfriend is willing to finish the work and the CA says no way -- also I thought you could be barred from criminal prosecution if some work was performed buy has yet to be completed and also a portion of the advance was used to purchase materials and those materials have been delivered to the job site. Can any of these things keep him from getting a felony charge -- that would ruin anyone for life.


Asked on 6/01/08, 2:41 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Construction fraud

No, unfortunately, at this apparent stage in matters, none of the items which you've mentioned will save your boyfriend from the necessity of having to go to trial as long as the Commonwealth's Attorney is determined to go down that route.

However, the things which you've mentioned could be quite important when the case goes to trial and, depending upon how each is presented in the totality of the defense's case, could well have a bearing on how the trier of fact evaluates and ultimately judges your boyfriend's guilt or innocence in the matter.

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Answered on 6/01/08, 4:22 pm


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