Legal Question in Construction Law in Virginia

construction fraud

I currently have a case pending in Prince William county. The problem is I was supposed to perform some work for a homeowner in June 2004. The contract was signed and I collected 2800.00 for materials. I started the job and was stopped by the homeowners because they needed to get the porch repaired. I left my equipment on the job site for 2 months when I had to remove it to do another job. In September I was hurt in a motorcycle accident and was unable to do the work. The homeowners called me and I explained the situation, they were very angry that I was not able to do the work and told me that they would see me in court. Almost 2 years go by and the homeowner contacts me and asks me would I be willing to repay the money. I told him yes by the end of march. Two days later he has a warrant issued for my arrest charging construction fraud. My question is do they have any grounds for prosecution? I was convicted of a felony 15 years ago, and this is a felony charge. I want to repay them the money. also what are my options if I go to court with no lawyer? The lawyer that I talked to wants 5000.00 to represent me.


Asked on 3/23/06, 3:36 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: construction fraud

Do not even think of proceeding without counsel in a felony case. If you are eligible, the Court will appoint a lawyer for you; if not, you should be able to find a lawyer who will represent you for less than $5000. While I don't handle state court criminal matters, if you need a referral and don't find one here you may email me and I will give you contact info for a couple of lawyers.

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Answered on 3/23/06, 3:46 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: construction fraud

$5000 seems on the high side to mount a defense to this particular criminal charge under the circumstances which you've described. (I don't see any terribly convincing element of any real fraudulent intent on your part in the account of the incident which you've provided. The prosecutor has to prove this element beyond reasonable doubt in order to make his case.)

You may wish to review an answer which I posted earlier today to another inquiry involving construction fraud.(Click on the link entitled Other Messages by this Attorney and then the construction category link to all of my answers

under this particular category of law. It's #28, posted today, March 23, 2006. Perhaps, this question even relates to your particular situation?)

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Answered on 3/23/06, 9:59 pm


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